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Home Law

Been in an Accident? Here’s How Automobile Injury Attorneys Can Help

derek by derek
4 years ago
in Law
Reading Time: 4min read
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Been in an Accident? Here's How Automobile Injury Attorneys Can Help
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Article Summary

  • Auto Accident Legal Definition
  • What are Automobile Injury Attorneys?
  • What Lawyers for Automobile Accidents Can Do for You
  • Next Steps

On average, there are six million automobile accidents in this country every year. Roughly 3 million people get hurt in these collisions.

Were you recently injured in an automobile crash? If so, your friends or family members might be urging you to hire a legal professional to help with your case.

You can learn more here on what automobile injury attorneys do to help auto accident victims. Find out more about how these experts can help you receive the best possible outcome for your case

Auto Accident Legal Definition

The law defines an “auto accident” as when a motor vehicle strikes an animal, pedestrian, stationary object, or other vehicle. This legal designation comes with penalties that define what every person involved in the accident is responsible for.

When an automobile driver receives their license, they have to agree to a term that’s called “legal duty.” ”Legal duty” implies that drivers promise to obey all traffic laws. They must also run their vehicles responsibly around other vehicles, bicyclists or pedestrians.

Disputes occur in a car accident injury when the accident victim and driver don’t agree that the driver was irresponsible. They might also disagree on whether the driver was trying to fulfill their legal duty.

What are Automobile Injury Attorneys?

Automobile injury attorneys represent accident victims who believe someone else’s negligent behavior caused their accident. An automobile injury attorney is sometimes referred to as a car collision lawyer. These accident attorneys concentrate on an area of law called tort law.

What Lawyers for Automobile Accidents Can Do for You

Lawyers for automobile accidents can help guide injured victims through negotiation settlements with the driver’s insurance company. They also assist victims through the justice system when a settlement isn’t reached. Here are a few steps in the process where a car collision lawyer can help you:

File Within the Statute of Limitations

The statute of limitations are laws that say how much time an injured victim has after their collision to file a claim in their local court system. When victims don’t file a claim by these deadlines, they can’t receive reimbursement to cover their damages.

Automobile injury attorneys can help you meet these statutory deadlines to file your claim. They can also tell how to file your claim if your injury doesn’t appear right away.

These kinds of injuries are called a delayed-onset injury. These types of cases have their own lawsuit filing requirements.

Demand for Compensation

A car accident attorney can prepare a demand for compensation letter on behalf of their clients. They send these demand letters to the driver responsible for the car accident injury as well as to the driver’s insurance provider.

A demand for compensation letter summarizes the injuries and damages received. These letters include the victim’s outline of how they believe the other driver is responsible for the injuries. They also spell out how much payment the victim needs to receive to correct these damages.

Sometimes a demand for compensation letter helps settle an injury case without ever filing a lawsuit. The responsible driver can decide to respond to the demands or ignore them.

Sometimes a victim’s letter is rejected or ignored. When that happens, a car accident attorney can file a lawsuit requesting compensation for damages.

Lawsuit Complaint and Answer Period

When accident lawyers file an automobile injury claim (“complaint”) this notifies the court system that the victim wants to receive payment from the responsible driver. Automobile injury attorneys can file these complaints at the courthouse where the injury occurred or where the responsible driver lives.

When accident lawyers file a lawsuit, the responsible driver must respond to the arguments and evidence submitted with the court. If they fail to respond, the court will automatically rule in favor of the victim. If the responsible driver disputes the presented evidence, the case then moves along to another court process called the discovery period.

Lawsuit Discovery Period

The discovery period is the legal process where both sides in the case share their own evidence or other legal facts with each other. This is the period in the process when each side of the disputes reveals their expectations in the case so that both sides can choose their next informed steps.

During this period, a car collision lawyer performs a task called deposition. A deposition means collecting testimony from all witnesses before a hearing. Depositions are another way accident lawyers gather the case evidence they need before the matter can proceed any further.

Accident lawyers for both sides of a dispute can question witnesses who are under an oath to tell the truth. When automobile injury attorneys on both sides have all witness testimony, they can decide if they want to negotiate a compromise or continue on to the hearing process.

Motion Period

Automobile injury attorneys can also draft motions to ask the judge to rule in their favor before or after the discovery period is over. Accident lawyers can file motions to dismiss all or some of the victim’s losses in the case.

When these motions are filed, an automobile injury attorney must respond on behalf of the victim within 28 days if they contest the dismissal. Sometimes judges will hold hearings so that they can hear arguments from both sides on the dismissal motion.

Next Steps

If you’re thinking of hiring a car accident attorney, then you should act now, even if you didn’t receive any serious injuries. Filing your claim will serve you in the event that you experience delayed onsite injuries farther down the road.

Schedule appointments with various automobile injury attorneys to find a professional that you’re comfortable working with. Be sure to ask them to describe their litigation experience.

Don’t forget to check our website for more helpful tips. We’ll share valuable thoughts with you to help you grow with knowledge. Come visit us today!

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