How Does Your Lawyer Determine Liability In Your Accident Case?
Last Updated on January 18th, 2017
Before taking your case to court, the lawyer in your injuryÂ case must first determine liability. Before your accident lawyer can represent you at a settlement or in court, he or she must know everything about your case. This article is a story of how your lawyer determines liability in your accident case. Ensure your safety, the protection of your rights and the financial future of your family with aid from an Austin personal injury lawyer.
#1: What Evidence Is Required to determine liability?
Evidence for your case may be collected from your regular doctor as well as the ones that treated you after the accident. These medical records will shed light on whether the accident created a new problem or exacerbated an existing health issue.
The accident report, photos of the scene and cars involved will help shed light on what happened. Your accident attorney should go through an investigative phase to find the information they need for the case. The case itself is not down to your word versus the guilty party. The case will come down to the evidence you provide to your attorney.
#2: Do Not Contact Anyone
An experienced personal injury lawyer will help you with your case, and they will handle all communications for your claim. After you’ve left the scene of the accident, you should avoid speaking to the other person or their insurance. Liability should be determined carefully and after considering all the evidence. When you speak to someone you may not present or have all the facts and that person could become a witness later on.
#3: Do Not Settle Your Case Quickly
A common mistake we see is people rushing in to settle their case quickly or hiring TV lawyers who promise quick settlements. TV lawyers promise quick settlements because they have too many clients. Too many clients means they cannot spend too much time on any one case. Â That also makes going to trial difficult for TV lawyers.
Some injuries just don’t appear right away. If you settle quickly, the insurance company will be laughing all the way to the bank. Â Don’t hire TV lawyers and don’t settle quickly.
Sometimes liability facts that favor you can only be obtained after a lawsuit is filed.
An experienced accident attorney has the necessary skills to negotiate on your behalf. They will ensure you get a fair settlement without fear you are losing money. You should agree to a cash settlement only when you and your lawyer are satisfied with the settlement offered. You may find yourself in court with your lawyer because you were not offered a fair settlement. Going to trial means settling may take longer, but it may be your only choice. Unfortunately, some insurance companies (I’m looking at you Allstate and Progressive), are never reasonable.
#4: Be Patient
You must be patient with your attorney as they invest quite a lot of time and energy in your case, but they cannot force your case to resolve overnight. See also number 3 above. Your case is in the hands of someone who requires time to do everything by the book.
There are rules and procedures to follow when you are suing for damages. Be aware that the case becomes more complicated if you are suing for a deceased loved one.
#5: Act Quickly to Find a Lawyer
An experienced accident lawyer will investigate liability issues right away. It’s important to preserve evidence as soon as possible.
You cannot wait while your injuries grow worse before filing your claim. Your lawyer understands there is a time element in your case that cannot be overlooked. The courts and the defendant may accuse you of waiting too long to file suit on your claim, and the statute of limitations may have lapsed on your case. You are unable to file for damages if you allow too much time to pass.
Now that you know how a lawyer determines liability, hire your lawyer the moment you are injured, and allow a trained personal injury lawyer to take on your case. Their skills will lead you to a fair judgment that offers you cash for your pain and suffering.