Getting into a car accident can be a stressful, overwhelming experience – to say the least. The aftermath can leave you with significant financial expenses, not to mention the mental, physical, and emotional impacts of any injuries you’ve sustained.
You may, then, wonder how to go about getting compensation for each of these consequences. The law does generally allow you at least one legal option for doing so, but the process is often anything from simple. That’s where an experienced car accident lawyer can make all the difference.
Read on to learn how to find the right lawyer to assist you after a car accident. For more information, visit https://www.wintersandyonker.com/lakeland-car-accident-lawyer/
At-Fault vs. No-Fault Insurance
An important preliminary consideration is whether you are located in an “at-fault” or “no-fault” car insurance state.
In an “at-fault” state, such as California, you can take legal action against the driver who caused your accident, regardless of the severity of the crash. This might mean filing a third-party insurance claim, or it might mean filing a personal injury lawsuit. Many factors will dictate your best course of action.
Alternatively, in a “no-fault” state like Florida, your options might be more limited. In the Sunshine State, by default, you’ll first look to your Personal Injury Protection (PIP) coverage for redress. You can do so no matter who is responsible for the crash.
Importantly, PIP can only provide you with limited compensation. For instance, it cannot compensate you for your pain and suffering and other non-economic damages.
However, in some situations, such as if your losses exceed your policy limits or if you’ve suffered a “serious injury” as defined by Florida law, you can pursue the same legal options that those in an “at-fault” state can.
Finding the Right Lawyer for Your Car Accident Case
Car accident cases fall under the larger category of personal injury law. As such, you’ll usually look for a personal injury lawyer to represent you after a crash.
Of course, not all personal injury attorneys are the same. Some focus on only specific types of cases, such as a lawyer specializing in medical malpractice or mass torts. Others may have experience with many different practice areas, including motor vehicle accidents.
You’ll want to make sure the lawyer you select is qualified to help you with your case and that they have sufficient experience – along with a track record of success. Not only should they have successfully handled many car accident cases in the past, but they should have familiarity with any unique circumstances that might apply to your situation.
For example, your crash might involve filing a claim against a governmental entity – this might be the case if your accident was caused by poor road upkeep. In another example, your case might entail taking legal action against a business, such as the manufacturer of a defective part.
It’s also important to select a lawyer who is familiar with the local laws, procedures, and courtrooms involved in your case. If you don’t, you may be at a disadvantage, especially if you end up needing to file a lawsuit against the responsible party.
What if I’m Being Sued After a Car Accident?
Finding out that a lawsuit has been filed against you after a car accident can also be a difficult experience, but for entirely different reasons. You might dispute the merits of the claim, for instance, or you might even believe that you should be the one seeking compensation – not the other way around.
If you have liability insurance coverage, you should notify your insurer of the accident as soon as possible. Most likely, your insurance company will provide you with legal representation and will defend you against liability.
Otherwise, you might also seek legal advice from a car accident lawyer – and this could be especially important if you think you might actually have a claim against the other driver. An attorney can advise you on your rights and may be able to assist you in following through with your best next steps.
Get Legal Help After a Car Accident
Ultimately, it’s almost always in your best interest to at least contact an experienced car accident attorney after being involved in a crash. This is true for a couple of key reasons.
For one, most lawyers in this area of the law offer free initial consultations. During your meeting with the attorney, they can review your case and even provide some preliminary legal advice at no cost to you.
Further, the vast majority of personal injury lawyers work on a contingency fee basis. That means that hiring them will cost you nothing upfront, and they’ll only receive attorney’s fees if they win compensation for your case. In other words, they’re only paid if you are.
Otherwise, you might also seek legal advice from a car accident lawyer – and this could be especially important if you think you might actually have a claim against the other driver.
