What Does a Car Accident Lawyer Do?

What Does a Car Accident Lawyer Do?

Ryan Zavodnick | January 8, 2024 | Car Accidents

Being injured in a car accident can result in devastating injuries. Even though you might not have sustained life-altering permanent impairments, your injuries may result in significant medical bills, overwhelming pain and suffering, and other damages. 

An experienced car accident attorney can help you file a personal injury claim seeking compensation for your damages. Hiring a car crash lawyer benefits you in many ways. Things that a car accident lawyer does to help you recover compensation for your injuries include, but are not limited to:

Investigate the Cause of the Car Accident

You have the burden of proving that the accident was not your fault. Therefore, a car accident attorney investigates the crash to determine how the collision occurred and who is responsible for causing the accident. The attorney gathers evidence to prove causation, fault, and liability.

Car accidents can be complicated to investigate. An attorney has the time, resources, and skills necessary to complete the investigation.

Calculate How Much Your Car Accident Claim Is Worth

Car accident victims can recover compensation for their economic and non-economic damages. Damages in a car accident case include:

You may also be entitled to compensation for impairments, disabilities, scarring, and disfigurement. Depending on the severity of your injuries, you could receive future damages for reductions in earning capacity, ongoing pain and suffering, and diminished quality of life.

The insurance company will likely undervalue your damages. However, your car accident lawyer understands what damages you are entitled to and what those damages are worth. Your attorney may also retain expert witnesses to assist in valuing your damages if you sustained permanent impairments.

Prove the Elements of a Negligence Claim 

You have the burden of proving the legal elements required to hold the other party responsible for your damages. Most car accident cases are based on negligence. Therefore, you must have sufficient evidence to prove:

  • The other party owed you a legal duty of care
  • The party breached the duty of care through their actions or omissions
  • The breach of duty was the direct and proximate cause of the car accident
  • You sustained injuries and incurred damages because of the party’s breach of duty

Proving negligence can be challenging, but an experienced car accident lawyer understands the law and how to use evidence to prove each required element for a claim. Your attorney may also hire experts to provide additional evidence to strengthen your claim.

Protect You From Allegations of Contributory Fault

Pennsylvania has a modified comparative negligence standard for car accident cases. If you are more than 50% to blame for causing the crash, the other party is not liable for your damages. In other words, you do not receive any money for your claim.

However, if you are less than 51% at fault, you can receive some money for damages. However, your compensation is reduced by your percentage of fault. 

Insurance companies use contributory fault to avoid paying the full value of a car accident claim. Your attorney understands these tactics and how to fight back to protect you from unjust allegations of fault.

Negotiates a Fair Settlement or Files a Lawsuit

Your car accident attorney aggressively negotiates with the insurance company to obtain a fair settlement for your car accident claim. Insurance companies are often more willing to negotiate fair settlements when an attorney is involved because they know:

  • An experienced car accident lawyer knows the actual value of the claim; AND,
  • A lawyer with a winning track record is willing to file a lawsuit and go to court if the insurance company does not negotiate in good faith.

Therefore, hiring a car accident attorney can give you a better chance of receiving the money you need and deserve for a car accident claim.

Furthermore, your lawyer monitors the deadline to file a lawsuit for a car accident claim. The Pennsylvania statute of limitations sets a two-year deadline for filing most car accident lawsuits. However, that deadline could change based on the facts of your case.

Schedule a Free Case Review With a Car Accident Attorney

It is wise to talk with a car accident lawyer as soon as possible after a car accident. In addition to protecting you from aggressive insurance adjusters and fighting to obtain the maximum compensation available for your case, your attorney will also monitor the deadline to file a claim so you don’t lose your right to pursue a legal case.