Question 1

What Are the Deadlines for Filing a Car Accident Insurance Claim?

Accepted Answer

Insurance companies may set deadlines for filing claims. These deadlines may vary from policy to policy. In many cases, the deadlines range between 30 and 60 days, though most car accident victims file their claims shortly after the accident. Deadlines are a common theme in car accident claims and lawsuits. These deadlines make hiring a car accident attorney urgent.

Question 2

What Are Statutes of Limitations for Car Accident Cases?

Accepted Answer

The statute of limitations is a deadline for filing a personal injury or wrongful death lawsuit. These statutes vary from state to state, and some examples include the following: California: CCP § 335.1 generally allows two years for car accident victims to file a personal injury or wrongful death lawsuit. Florida: Florida Statutes § 95.11 sets a two-year statute of limitations for most car accident cases, including personal injury and wrongful death lawsuits. Texas: Per Texas Civil Practice and Remedies Code § 16.003, car accident victims generally have two years to file personal injury and wrongful death cases. New York: CVP § 214 dictates that car accident victims in New York typically have two years to file a personal injury lawsuit but generally have three years to file a wrongful death case. Though the two-year statute of limitations is common, other states have different windows for filing car accident lawsuits. These can range from one to six years across the U.S. An attorney can explain the statute of limitations in your state and any other rules that may affect your claim or lawsuit.

Question 3

Does the Statute of Limitations Matter if I Don’t File a Car Accident Lawsuit?

Accepted Answer

Yes, the statute of limitations matters even if you don’t ultimately pursue a lawsuit. This may seem counterintuitive—why does the deadline for filing a lawsuit matter if I’m not going to file a lawsuit? For one, you never know how your case will unfold. While attorneys and clients always hope that an insurance company will offer a fair settlement, there is no guarantee. Therefore, it’s always ideal to have the option of filing a lawsuit if necessary. Secondly, the threat of filing a lawsuit is an important negotiating point. If an insurance company knows you cannot file a lawsuit, the insurer gains most—if not all—the leverage. Therefore, you must retain an attorney and allow them to negotiate while the statute of limitations remains active.

Question 4

How a Car Accident Attorney Will Seek the Money You’re Entitled To?

Accepted Answer

When a car accident attorney accepts a car accident case, they accept every responsibility that the case brings. Regardless of how your accident happened, which damages you’ve suffered, or who is liable for your damages, your lawyer will: Investigate the Accident Your attorney and any investigators they rely on will: Secure witness testimony about your accident Gather any direct evidence of the collision, which may include video footage of the accident Get the police report documenting the accident File a letter of spoliation to preserve any evidence that liable parties have in their possession An investigation is a chance to secure evidence, but it can also make clear who is liable for your damages. Establish Liability Upon completing the investigation of your accident, your lawyer should understand who is liable for your damages. Car accidents happen for many different reasons, and liable parties can include: A motorist whose negligent actions (speeding, tailgating, drunk driving, or otherwise) cause an accident A motor vehicle manufacturer whose vehicle or component contributes to a collision A municipality that fails to repair potholes, mark streets clear, repair defective traffic signals, fix downed signage, or generally ensure safe driving conditions A pedestrian whose actions contribute to a car accident, as motorists sometimes swerve to avoid pedestrians in or near the roadway Your lawyer must have the details of your accident to establish liability. Identifying liable parties will be an early priority for your attorney. Calculate and Document Your Damages Damages are the key focus of every car accident case. From the outset, an attorney will monitor your damages, document them, and work with experts to assign a monetary value to each damage. Useful documentation may include: Bills for accident-related medical care Proof that you have missed work and lost income as a consequence Medical images of your injuries Testimony from mental health professionals about your psychological and emotional damages Invoices for vehicle repair, temporary transportation, and replacement of damaged property Attorneys use legally accepted methods to calculate non-economic damages (such as pain and suffering). Your lawyer may use the per diem or multiplier method to establish the cost of your non-economic damages. Fight for a Fair Settlement Negotiating can be a particularly difficult part of car accident claims if you’re not a lawyer. Insurance company representatives may negotiate settlements day in and day out. To balance negotiations in your favor, you may choose to hire an attorney who’s also an experienced negotiator. You can gauge an attorney’s negotiating power by reviewing the firm’s settlement history. Take Your Case to Trial The vast majority of car accident cases settle before a trial becomes necessary. However, a trial should always be an option for a lawyer. If a law firm has a reputation for taking cases to trial, it shows they are willing to fight for its clients’ best interests.

Question 5

How Much Does It Cost to Hire a Car Accident Lawyer?

Accepted Answer

Most personal injury lawyers make their services affordable to everyone. They do this by using a contingency fee structure. When a law firm offers a contingency fee, it means the law firm: Requires no upfront compensation from the client (and in fact, a law firm will likely not accept upfront compensation even if you offered) Pays the entire cost of completing the case. Receives a percentage of the client’s financial recovery, and the client does not pay anything out of their own pocket. To receive a fee and cover its costs, the law firm must get money for its client. This provides a clear and motivating reason to fight hard for the client’s settlement or judgment.

Question 6

What Does a Car Accident Settlement or Jury Verdict Cover?

Accepted Answer

A car accident settlement or jury verdict should cover all of the client’s accident-related damages. Because damages differ from one client to the next, the value of each settlement varies from case to case. What may increase or lessen the value of a car accident case? The specific injuries you suffer during your car accident The period of time it takes to recover from your injuries The type of treatment and rehabilitation you need to recover from your injuries Whether any of your injuries cause disability Your emotional and psychological response to the accident The extent of vehicle and other property damage from your accident Each case is unique. A capable attorney treats each car accident claim as a blank slate, building the case from the ground up and accounting for every damage their client suffers.

Question 7

How Should I Choose a Car Accident Lawyer to Lead My Case?

Accepted Answer

You may begin your search for a law firm online. When reviewing attorneys, consider: Client testimonials (including online reviews) Case results Practice areas The impression you get during free consultations Do not wait to find lawyers and complete your free consultations. You may face a deadline for filing your case, so locate your attorney as soon as possible.

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