Common Questions for an Auto Accident Attorney

auto accident attorney calculating damages and answering client's questionsBakersfield Auto Accident Attorney

From personal injury claim filings to investigations to negotiations, the most qualified attorneys handle every aspect of a car accident case. A Bakersfield auto accident attorney knows how to deal with an insurance company that does not always have a victim’s best interest in mind. Hiring a car accident lawyer will offer an array of benefits.

 

What Does a Car Accident Lawyer Do?

Simply stated, a lawyer’s role is to protect clients’ rights and help them achieve maximum recovery. Because personal injury law is so expansive and can cover a broad range of cases, it is important to work with an attorney who specializes in car accident claims.

Ultimately, a Bakersfield car accident lawyer represents a client’s best interest, pursuing a full and fair settlement for sustained injuries and other losses. On the other hand, insurance companies operate differently and will work to reduce payouts as much as possible. They also have substantial resources to achieve this. 

 

How Can Bakersfield Car Accident Lawyers Help?

Car accidents can leave victims with severe medical conditions, as well as put them in serious financial debt. The services a Bakersfield personal injury lawyer provides will be crucial in ensuring that victims are justifiably compensated following an incident, assisting with the following:

insurance claim form to fill out after a car accident on desk next to reading glassesEvaluating a Car Accident Claim

A Bakersfield car accident lawyer carefully examines the details of personal injury claims to determine the best legal course of action.

Every personal injury case is unique, presenting different challenges and approaches. This means that a car accident law firm should tailor every case to suit the needs of each car wreck victim.

A dedicated legal team will identify responsible parties, assess accumulated damages, and present the insurance company with the demand letter that indicates the damages owed.

Additionally, personal injury attorneys will ensure that an insurance claim is filed within the statute of limitations, which in California is typically two years from the date of the accident.

street surveillance camera facing passing carGathering Evidence

A strong case must be supported by sufficient evidence that can demonstrate what happened and establish who was at fault.

Bakersfield car accident lawyers who are experienced in similar personal injury cases will be knowledgeable in obtaining the right kind of evidence, such as police reports, witness statements, accident scene photos, a commercial vehicle’s black box, and more.

For example, if distracted driving is the catalyst of a serious car accident, it will be the lawyer’s responsibility to prove that the other driver was engaged in an activity that took focus away from the road. This may include obtaining street camera footage of the other driver or reviewing phone records to determine if a phone was being used leading up to the crash.

Personal injury attorneys may also work with expert witnesses, like medical professionals, to indicate the severity of injuries and how the physical toll has affected the victim or accident reconstructionists to prove how the car accident occurred.

doctor writing down medical treatment to treat car accident injuries next to paperwork and stethoscope Calculating Damages of Car Accidents

Financial losses are common following a car accident that caused serious injuries, but other losses may also be sustained. A knowledgeable car accident attorney will explore both financial damages and non-financial damages to ensure clients are appropriately compensated. This may consist of:

  • Current medical bills
  • Future medical expenses
  • Lost wages
  • Diminished earning capacity
  • Property damage
  • Physical pain and suffering
  • Emotional distress
  • Reduced quality of life

It can be challenging to recover a fair settlement for all suffered losses in personal injury cases. This is why it is important to work with Bakersfield car accident lawyers who have had success recovering maximum damages for previous clients.

car accident attorney negotiating with insurance company for maximum compensationHandling Insurance Companies

Dealing with the insurance company is not only overwhelming; it can also be dangerous to a case without the right legal support.

Insurance companies often try to reduce settlements, regardless of what is fairly owed, keeping profits high and costs low. Their efforts are often successful when speaking with car accident victims directly.

The questions and phrasing can be misleading, and the victim may mistakenly accept an insufficient settlement offer or unintentionally admit fault, leading to a denied claim.

In other scenarios, insurance companies may delay settlements to take advantage of victims who are financially vulnerable due to medical bills, missed work, and other expenses, baiting them into accepting any offer. 

Car accident attorneys act as advocates. They offer protection from deceiving tactics designed to minimize payouts and will negotiate with the other party’s insurance to secure only fair compensation.

check to write compensation amount for car accident damagesFiling a Car Accident Lawsuit

If a fair settlement cannot be reached, a Bakersfield car accident lawyer will initiate a legal suit, where the case will be tried before a judge and jury.

The law firm will assist with identifying special rules or exceptions that may apply to the case, so there are no surprises during the trial. They will also build a compelling case supported by evidence and expert testimony to pursue the compensation deserved through the legal system.

Car accident lawyers will help maximize the chances of winning the case and will prepare clients for the hearing. In some instances, once a lawsuit has been filed, the other party’s insurance will propose litigation, presenting the opportunity to attempt negotiations one last time before going to trial. 

Trials can be very costly to both parties, but by working with a qualified attorney, insurance companies may be more inclined to settle than invest in going to court. 

 

How Do Bakersfield Car Accident Lawyers Prove Fault?

From another driver to a business or government entity, fault can fall on various parties. To prove who is liable for a car accident, it must be demonstrated how the other party’s negligence led to the crash.

  1. Duty of Care: A legal duty to exercise reasonable care was owed.
  2. Breach of Duty: The defendant failed to meet the required duty of care. This breach may occur through an act of commission (doing something wrong) or omission (failing to do something required).
  3. Causation: The defendant’s breach directly caused the car accident, resulting in the plaintiff’s injuries or damages. A link must be established between the negligent act and the harm suffered.
  4. Damages: Actual harm or losses (damages) were sustained as a result of the defendant’s negligence. These damages can include physical injuries, property damage, financial losses, and pain and suffering.

After accepting a case, a Bakersfield personal injury lawyer will investigate the incident, collect evidence to indicate which party is at fault, and assist with filing the car accident claim to recover damages.

 

calendar with a pin indicating how soon to contact a personal injury law firm and to file a car accident claimWhen Should I Contact a Car Accident Lawyer?

A personal injury attorney who specializes in motor vehicle accidents can provide invaluable support by handling legal matters, allowing injured clients to focus on their recovery and well-being.

While hiring can always come at a later time, it is vital to speak with Bakersfield car accident lawyers as soon as possible. Here is why:

Commercial Vehicle Accidents

Car accidents involving commercial vehicles, such as trucks or buses, often present complex legal challenges due to multiple potentially liable parties. Strong legal representation is essential to protect a victim’s rights and interests in such cases.

Insurance Disputes

If a personal injury claim is denied, undervalued, or wrongfully attributed, an experienced attorney can effectively negotiate with the insurance company to secure fair compensation.

Serious Injuries and Disabilities

Car accidents resulting in severe injuries or permanent disabilities can profoundly impact victims. A dedicated personal injury law firm navigates the complexities of these cases and seeks compensation for medical expenses, lost wages, pain and suffering, and other damages.

Fatal Accidents

In the tragic event of a wrongful death accident, immediate legal counsel with qualified Bakersfield car accident lawyers is crucial. An attorney guides surviving family members through the legal process, helping to secure compensation for funeral expenses, burial costs, lost financial support, and emotional damages.

Liability Issues

Determining fault in car accidents can be complex, especially when multiple parties may be involved. Each party’s insurance company will also be involved, working to prevent being held responsible for damages.

However, skilled Bakersfield car accident lawyers can investigate the incident, gather evidence, and build a strong case to identify all liable parties.

 

How Much Do Car Accident Lawyers Cost?

This is up to the law firm’s discretion, and there is no set billing amount for each type of case. However, a common practice is to work on contingency.

This means no attorney fees are owed unless the law firm has successfully recovered compensation for the car accident claim on a client’s behalf. The final fee is a smaller percentage of the settlement or verdict awarded.

Other billing structures may consist of hourly rates or a flat fee. Legal fees and other costs can be discussed during the free consultation.

 

Still Have Questions? We Have Answers.

brown gavel next to question mark to indicate car accident questions to ask an attorney

Contact the Top Bakersfield Car Accident Attorney

The aftermath of a car accident can be overwhelming. Our Bakersfield car accident attorneys are here to provide the guidance and support you need. With our extensive experience, we will navigate the complexities of the legal process on your behalf, aggressively pursuing the compensation you deserve.

Let us handle the legal aspects while you focus on recovering. Contact Horizon Accident Lawyers today for a free, no-obligation consultation.

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