Should you hire an attorney if the car accident wasn’t your fault?
After being in a car accident, some people wonder if they should hire an attorney or not. Legally, you’re not obligated to, but it should be in your best interest to schedule an appointment with lawyer so you can learn more about your rights. This applies specifically if the car accident wasn’t your fault. In cases like this, you may need to file a lawsuit against the driver at fault so you could be compensated for your injuries and damages.
Car accidents often result with significant financial burden, so it’s imperative that you get the maximum you can for your compensation. Remember, the insurance company isn’t your friend in this case, because they want to pay out as little as possible for your personal injury claim. But, if you work with an excellent personal injury lawyer who has prior experience with car accident claims, you will get an adequate compensation for your damages.
The compensation is determined on your percentage of fault after a car accident
Some states in the US, including Arizona, use the doctrine of comparative negligence to determine the amount of damages you’re entitled to recover. Under the comparative negligence law in Arizona, you as the injured party are allowed to recover even if you are 99% at fault for the accident. In that case, your money damages as the plaintiff are reduced by the amount you’re at fault. So for example, if the investigation determines that you’re 20% at fault for the car accident, you will be able to recover only 80% of damages you sustained.
Often, the insurance companies will try to minimize your compensation by present you as partially at fault. They might present that your actions played some part in the accident to occur. In order to avoid this type of situation, where the compensation you’re entitled to is unfairly reduced, you should contact the personal injury attorneys at Schenk and Podolsky and let us help you. A good and experienced lawyer can build a strong care for you and minimize the fault of your actions.
An attorney can maximize your car accident compensation
Through years and years of experience, personal injury lawyers have learned how determine the extent of your damages and calculate your loss and the amount of compensation that will cover them. This usually involves some financial losses like car repair, medical bills for your treatment etc. These are all damages the personal injury lawyer can easily document.
However, not all car accident claims are simple and depending on the specific circumstances, you might also be able to recover damages for:
- Lost wages – In case the car accident caused you to be absent from work
- Diminished earning capacity – If the accident caused permanent damages and you can’t perform at work the way you used to
- Future medical bills related to your injuries – In case you require extensive rehabilitation or treatment
- Pain and suffering
When you work with a personal injury lawyers, these are all things that will be considered in determining your compensation.
Negotiations with the insurance company
When you file a personal injury claim after a car accident, the insurance company will offer you a settlement that is usually way lower than your actual damages. Insurance companies might also offer you to sing a waiver or release which will prevent you from further pursuing the case for additional compensation. This way the insurance company wants to ensure that they pay out as little as possible.
Personal injury lawyers at Schenk and Podolsky can negotiate with the insurance company on your behalf in order to get a settlement that is just, fair and will compensate for the damages that you suffered. If you’re having doubts or need help negotiating with the insurance company, contact us today and let us help you.