Why Do I Need a Lawyer After a Car Accident If the Other Driver Was Clearly at Fault?

Many people fear lawyer's fees when it comes to getting legal help in a car accident situation. Some will not even fool with contacting a lawyer and only accept the settlement given by the insurance company. This is a huge mistake people make right after their car accident happens. A Tacoma car accident lawyer can provide the legal assistance necessary to obtain all that is due to the victim in a car accident.

Many lawyers do not charge for the first visit. It is called free consultation. This is where the attorney will examine the case and see if they can get the compensation due to the victim. Once this is done, the lawyer will take his or her fees out of the settlement. There is no upfront cost. If the lawyer loses the case, the victim will not owe anything to the attorney most of the time.

Why Do I Need a Lawyer After a Car Accident If the Other Driver Was Clearly at Fault?

About Insurance Companies 

So, when the other driver is at fault, many people think it is an open and closed case where the insurance company will pay, and that's it. But they do not tell you after an accident; it can take up to a year before signs show up with the injuries. Then, once the insurance pays a claim, they are finished with the victim. So, the victim is stuck with the bills after the claim is settled. Insurance companies know this, and they will move along as fast as they can to close the claim by paying as little as possible. 

To explain how insurance companies operate, they make their profits on the premiums people pay them. The money goes into an account that builds up interest. Then, when they have to pay out a claim, they lose their earnings plus some of the interest. Getting a lawyer to intervene can stop the insurance companies from paying only the minimum. That is why it is critical to get a lawyer after an accident, even if the other person is at fault.

Why Is It Important to Get the Most Out of Insurance Companies? 

So many things can happen after an accident. Scientifically, a person will never feel the full effect of an accident at the spur of the moment. The person's adrenaline is pumping at a fast rate which stops most of the pain. This is why most people will say after someone gets injured, "Oh, you will feel that at four in the morning." Some people have felt the effects from the next day up to a year later. 

Any medical bills or missed work payments will not get calculated once the victim signs an agreement from the insurance company to make a settlement. If any pain or injuries deal with the accident, the insurance company is reliable. They will only pay the minimum, which is $25,000, if they can get away with it. If they find a loophole to pay less than that, they will. This money does not always cover the expenses and damages to the victim. A car accident lawyer will know how to fight the insurance companies for however long it takes. 

Examples of Insurance Companies Taking Advantage 

Some insurance companies have gone to the extreme to claim the victim is the guilty party in an accident. If the evidence is not clear at showing who is at fault, the insurance company will try to say their client is innocent. Some will deny payment of claims, while others will not pay the full amount owed to the victim. Even to the clients, the insurance companies represent, some have been known to drop them from coverage after an accident. Insurance can be a rip-off when paying what is owed to the client when necessary and an accident victim. 

It is highly recommended to go with a legal attorney when dealing with insurance companies. There are payments owed that will get looked over, and the insurance companies can get away with not paying what they owe in compensation. Say the minimum amount for the insurance to pay is $25,000. If the medical bills alone reach over $250,000, then only $25,000 will be paid. Is it worth it? No, it is not worth it, and the parties should be looking for legal compensation. No victim should have to pay at the fault of someone else's negligence. 

What are Some Expenses Included in the Settlement? 

There is no set time other than the victim's recovery time from a car accident. The insurance company does not care how long it takes for the victim to recover, as long as they can get out of paying the total compensation of loss to the victim. The lawyer will tally up the expenses that come with the medical care from doctors, hospitals, labs, rehab centers, medicines, in-home care, and other medical care bills. In some cases, if the spouse or another relative takes care of the victim, they get compensated. 

Any loss of income from work missed is also included by both the caretaker and the victim. The last thing totaled up in the settlement is the unexpected bills to keep up with the household. For example, babysitters, lawn and garden care, house chores, or anything paid labor around the home would not usually be in the family's regular budget. If the victim cannot do the work, then they have to pay someone to do it. This is another area where family members or spouses can get compensation for helping the victim.  

How Does the Lawyer Prove Liability?       

When the lawyer reviews the case in the free consultation, they can tell if they can do anything with the case. If fault and negligence can get proven, then the lawyer will jump on it. These are the three factors that need to be visible when proving:

• The fault needs to be proven.

• Negligence must be a factor.

• Show the defendant is responsible for the mishap.

To break it down even further, this is what the lawyer is looking for should the case go as far as the courtroom.

• There was a duty for the defendant not to cause harm.

• The defendant broke the violation of that duty.

• The breach caused pain and injuries to the accident victim.

• Damages were suffered as a sequence of the accident.

It is possible in some cases where there is more than one person responsible for the car accident. It is up to the lawyer to get to the bottom of all the factors and causes. 

How Does the Lawyer Prove Negligence?

The lawyer has a team of investigators. They all communicate and develop a full-fledged report of the circumstances, evidence, videos, traffic cameras, medical information, police reports, and eyewitnesses. Interviews are set up by appointments or over the phone with the police, first responders, and eyewitnesses. Once all the information is gathered from the victim to the eyewitnesses, the team will reconstruct the accident as it happened. They will investigate every corner and subpoena the expert witnesses, police, and first responders who took part in the actual events. Once the case is built on this information, they go after the insurance company.