Car accidents are a traumatic experience, leaving victims with physical and emotional injuries along with financial burdens. If you’ve been injured in a car accident in Rochester, getting the compensation you deserve is the first step towards getting your life back on track. In this article, we’ll walk you through the basics of a Rochester car accident lawsuit.
Why is it Important to Hire a Rochester Car Accident Lawyer?
Hiring a Rochester car accident lawyer is one of the most important things you can do after a car crash. In the days after the car accident, you’ll suddenly find yourself having to deal with insurance companies, unpaid medical bills, lost wages from work, and determining what evidence to preserve for a potential personal injury case.
Handling these things on your own seems doable at first, but many people quickly find themselves overwhelmed. The result is often a low settlement or a missed opportunity to even settle at all. A Rochester car accident lawyer will be able to take these stresses and uncertainties off your plate starting from day one.
A Rochester car accident lawyer will also be able to explain what rights you have, gather important evidence for your case, and speak directly with the insurance company so you don’t jeopardize your case by saying the wrong thing. They’ll also have (they should, at least) deep experience handling hundreds of cases just like yours. If they foresee something that could hurt your case down the road, they’ll be able to immediately take action before it happens.
What to Expect from a Rochester Car Accident Lawyer?
A Rochester car accident lawyer will offer you a free initial consultation to discuss the details of your case. During the free consultation, they’ll evaluate the details of your accident, the extent of your injuries, and the likelihood of a successful case. They should explain their fee structure, which is usually contingency-fee based, so you’re aware from the start what you do and don’t have to pay for. Under a contingency fee-based structure, a lawyer only gets paid if you win your case.
After formally hiring your car accident lawyer, they’ll continue to keep you informed about the progress of your case. Things can move much slower in the legal world than people expect, so your lawyer will provide updates as they happen and answer any questions you might have. A good car accident lawyer will ensure you’re not left in the dark about what’s going on in your case.
As the case progresses, a car accident lawyer will develop and prepare a strategy that’s specific to the facts of your case. They’ll tailor the collection of certain evidence, like photographs, witness statements, and experts, to highlight how the car accident has impacted your life. Everything the car accident lawyer does will be aimed at maximizing your compensation as much as possible and as efficiently as possible.
How to Choose the Right Rochester Car Accident Law Firm
Choosing the right Rochester car accident law firm is almost as important as choosing the right lawyer. Rochester, and even Monroe County as a whole, offers a wide variety of law firms. You’ll want to choose the one that’s right for your specific case and that has a track record of handling car accident cases that are like yours.
While there are many options, not all firms specialize in car accident cases. You want to look for a law firm with a proven history of handling personal injury cases, specifically car accidents. Be careful though; you don’t want to hire a tv commercial, car accident mill where your case is going to be treated like a number.
A local law firm familiar with Rochester’s specific laws and statutes will be of major benefit to your case. Not only will they also have more knowledge of local court procedures, but a Rochester law firm will often have established relationships with judges and other legal professionals that will later be helpful during negotiations and court proceedings.
What Questions Should I Ask a Rochester Car Accident Lawyer?
When you meet with a potential Rochester car accident lawyer, you’ll want to be prepared with questions to make sure they’re the right fit for you. There are many car accident lawyers throughout Monroe County that will be eager to take your case, but they don’t all do things the same way when it comes to handling a car accident case.
Here are some questions to consider:
- How many car accident cases have you handled?
- What is your success rate with car accident lawsuits?
- Do you have trial experience if my case goes to court?
- How do you communicate with your clients throughout the case?
These questions will help you get a feel for the car accident lawyer’s experience and if their approach to handling car accident cases aligns with what you’re looking for. You should also ask about their current caseload to make sure they have the capacity to give your case the full attention it deserves.
Lastly, make sure to ask them to explain their fee structure in detail to avoid any surprises down the road. Most attorney fee disputes in car accident cases are caused by the client not fully understanding how a contingency fee agreement works.
What are the Steps in a Rochester Car Accident Lawsuit?
Understanding at least a basic outline of how a car accident lawsuit works will help to prepare you for the journey and manage your expectations as to how long things take. Each step is important in its own right and is an essential component of getting you the compensation you deserve for your injuries and damages.
Filing a Claim
Once you've selected a car accident lawyer, the first step is filing a claim with the insurance company. Your lawyer will help gather all necessary documentation, including police reports, medical records, and any evidence from the accident scene. The initial claim sets the stage for your case, and it's the time where you’ll want to be certain all information submitted is accurate and thorough.
A car accident lawyer will work with you from the start to craft a detailed narrative that outlines the events of the accident and the impact it’s already had on your life. The initial claim filing and the information it provides will set the framework for negotiations and any potential settlement down the road.
Filing a claim is not something you want to wait around to do. Delays can hurt the strength of your case, or if you wait too long it can even prevent you from bringing a case at all. Your car accident lawyer will ensure all deadlines are met and that your claim is filed promptly.
Negotiation and Settlement
The reality is most car accident cases are settled out of court. Your car accident lawyer will work to get you the best possible settlement by detailing your injuries and damages to the insurance company. If the insurance company is reasonable, you stand a good chance at reaching a settlement, but if they dig their heels in with low ball offers, you stand a good chance of having to file a lawsuit.
Negotiations involve back-and-forth discussions, where your lawyer will present evidence, argue your case, and counter the insurance company’s lowball offers. Their goal is to reach a settlement that will compensate you for your injuries, lost wages, and other damages. They’ll rely heavily on their experience handling other similar cases to press the insurance company to play fair and not low ball you with any offers. Negotiations can take time, so being patient is the key to success here.
Going to Court
If the case can’t be settled, your car accident lawyer will draft and file a lawsuit on your behalf. The culmination of the lawsuit is a trial where your car accident lawyer will represent you in front of a judge and jury.
During a trial, your car accident lawyer will present evidence, question witnesses, and argue your case to ask the jury to award you the compensation you deserve for your pain and suffering and economic losses. Although the thought of going to court scares many people, an experienced car accident lawyer leading the way can make it a nearly stress-free experience.
How Does Compensation Work in a Rochester Car Accident Lawsuit?
Compensation is the overall goal of a car accident lawsuit. Making sure you know what you can and can’t recover in damages from a lawsuit will help align your expectations of what’s possible at the end of your case.
In a car accident lawsuit, you may be entitled to various types of compensation depending on the nature and extent of your losses:
- Medical Expenses: Covers past and future medical bills related to the accident.
- Lost Wages: Compensation for income lost due to the inability to work.
- Pain and Suffering: Non-economic damages for physical and emotional distress.
- Property Damage: Repairs or replacement of your vehicle and other damaged property.
Your car accident lawyer will help quantify these damages, ensuring that each category of damages applicable to your case is itemized and detailed. Several factors will affect the value of your damages, such as the severity of your injuries, the impact on your quality of life, and the degree of fault assigned to each party involved in the accident. Your lawyer will assess these factors to ensure you receive fair compensation.
Economic damages, such as medical bills and lost wages, are relatively straightforward and can be substantiated with documents. Non-economic damages, like pain and suffering, are more subjective and require a nuanced approach to presenting how your injuries have affected your life.
Conclusion
Navigating the aftermath of a car accident can be overwhelming, but understanding the process and having the right legal support can make all the difference. By hiring a Rochester car accident lawyer and selecting the right law firm, you can focus on healing while they take care of all the heavy lifting. With one simple phone call, you can speak to our Rochester car accident lawyers at Horn Wright, LLP, to begin working on your case. Call now.