What does a car accident attorney do?
An auto accident attorney is a lawyer who represents clients who have been injured in a car accident. The attorney’s role is to help the client recover damages for any injuries or losses they have suffered as a result of the accident.
This can include negotiating with the other driver’s insurance company to settle, as well as representing the client in court if necessary. The attorney may also be responsible for gathering evidence to support the client’s case, such as police reports, witness statements, and medical records.
Collecting the Evidence
There are several ways that an auto accident attorney may collect evidence to support a client’s case. Some of the most common methods include:
Reviewing the police report:
The police report may contain important information about the accident, including details about the location of the accident, the parties involved, and any citations that were issued.
The attorney may speak with witnesses who saw the accident happen to get a better understanding of what occurred.
Obtaining medical records:
The attorney may request copies of the client’s medical records to show the extent of their injuries and the medical treatment they received.
Gathering photos and videos:
The attorney may request photos or videos of the accident scene or the client’s injuries to provide visual evidence of the damages.
Hiring expert witnesses:
In some cases, the attorney may hire expert witnesses, such as accident reconstructionists or medical professionals, to provide testimony on the client’s behalf.
Overall, the goal of collecting evidence is to build a strong case that demonstrates the other driver’s liability for the accident and the damages suffered by the client.
Attorney Send the Demand Letter?
A demand letter is a document that an auto accident attorney may send to the other driver’s insurance company to demand compensation for the damages suffered by the client as a result of the accident. The demand letter typically outlines the facts of the case, including the circumstances of the accident, the injuries and losses sustained by the client, and the number of damages being sought.
The demand letter may also include copies of any supporting documentation, such as medical records or photographs, to help demonstrate the extent of the damages.
In some cases, the demand letter may be the first step in negotiating a settlement with the insurance company. If the insurance company is willing to offer a fair settlement, the matter can be resolved without further legal action. However, if the insurance company is unwilling to offer a satisfactory settlement, the attorney may need to take further action, such as filing a lawsuit.
How are they Filing a Lawsuit?
Suppose an auto accident attorney cannot negotiate a satisfactory settlement with the other driver’s insurance company. In that case, they may decide to file a lawsuit to seek damages on behalf of their client.
The process for filing a lawsuit varies depending on the jurisdiction in which the case is being brought. However, there are generally a few steps that are followed:
Drafting the complaint: The attorney will draft a document known as a complaint, which outlines the facts of the case and the damages being sought.
Filing the complaint: The attorney will file the complaint with the court and serve it on the defendant (the other driver).
Discovery: The parties will engage in a process known as discovery, during which they can request documents and information from each other and take depositions (recorded out-of-court testimony) of witnesses.
Pretrial motions: The parties may file pretrial motions, such as a motion for summary judgment, in an attempt to have the case dismissed or resolved before it goes to trial.
Trial: If the case is not resolved before trial, it will proceed to trial, where both sides will present their evidence and arguments to the judge or jury.
After the trial, the judge or jury will issue a verdict, which will determine whether the plaintiff (the client) is entitled to damages and, if so, how much they will receive. If the plaintiff is awarded damages, the defendant (the other driver) may be required to pay them. If the plaintiff is not awarded damages, the case will be dismissed.