Have you ever taken a minute to think about the role of a car accident attorney? What are the lawyer’s obligations to their clients? Is the lawyer only around to assist if your accident claim goes to trial or do they have other duties to perform? 

If you’re wondering about the legal duties of a car accident lawyer, it may mean you’re considering retaining representation. You may also be wondering if you really need an attorney or if you can handle the claim process on your own. Here’s a look at a day in the life of a car accident attorney.

The Role of a Personal Injury Attorney

The day starts for most car accident lawyers probably about the same as yours. They wake up, grab breakfast, get dressed, and head out the door for work. However, this is where the similarities end, unless you’re also a practicing accident attorney. If so, you’re already familiar with the legal duties of an accident lawyer.

So, what should you expect from your car accident attorney? Here’s a look at their duties and how they can assist your accident claim.

Provide Legal Guidance

Even a relatively simple car accident claim can quickly turn into a complicated mess. You probably have plenty of questions about personal injury law, the standard is broad and can be confusing. 

You may be wondering if you need to establish negligence, it’s typically the building block of a car accident claim. This means you must meet the four elements of negligence, and an attorney can help you with the criteria.

If you’re wondering about the elements of negligence, they include duty of care, breach of duty, causation, and damages. Your attorney can help you establish that the other driver owes you a duty of care and breached this duty; this breach is the cause of the accident that results in your injuries.

Along with answering any questions about negligence, your attorney can also guide you through the complexities of comparative negligence. Georgia, like a few other states, follows comparative negligence rules and this can impact your claim.

The standards state that more than one driver can be responsible for the accident. If you’re assigned a percentage of the fault, your compensation amount is reduced by your share of the blame.

Help You Build a Strong Case

Insurance companies will try just about anything to reduce the value of your claim—this is standard practice, especially with higher-value claims. Remember, insurance companies are in the business of making money. They have overheads to meet, and shareholders who expect to see a profit.

This isn’t to say that insurance companies routinely deny claims in hopes of not paying them out. However, insurance adjusters will work hard to lower payout amounts.

A great way to avoid this issue is to present a strong case, and this means supplying plenty of irrefutable evidence. This is when your car accident attorney can provide invaluable assistance.

Not only does your attorney know the ins and outs of personal injury law, but they’re also familiar with the tactics used by insurance adjusters. Whether your claim needs expert medical testimony to support the need for continuing care or an accident reconstruction specialist to show you’re not the at-fault driver, your attorney has access to these resources and more.

Some accident attorneys can even think ahead of insurance adjusters and have the necessary evidence ready to go the second they ask. This can help speed up the claim process so you’re hopefully not waiting months to receive a settlement check.

Handle Insurance Negotiations

Unless your car accident is a minor fender bender and you’re only seeking limited damages, you should expect to sit through a few rounds of negotiations. This usually occurs after your accident lawyer has submitted your claim and supporting evidence. The insurance adjuster has reviewed the claim and is ready to talk settlement amounts.

Don’t be surprised when the insurance adjuster offers you a ridiculously low settlement offer. Also, don’t be offended. This is standard practice and only signals the start of the negotiations. Your attorney will present a counteroffer, and the back-and-forth begins.

If an agreement isn’t reached, another round of negotiations is usually scheduled, and this can go on for a while. Sometimes, negotiations can last for a few months.

Ready to Represent You in Civil Court

While the majority of personal injury claims are settled during negotiations, some find their way to civil court. This usually happens when negotiations fall through. The next step is for your attorney to file a lawsuit in civil court.

Since your attorney knows the legal system, they’re ready to file a letter of intent. This is the first step in a car accident lawsuit and notifies the insurance company of your decision to sue for your recoverable damages.

Your attorney will also handle all of the filing deadlines, and there’s almost always more than one or two to keep up with. From the moderation stage to trying your case in court, your lawyer is ready to take care of everything. This way, you can relax and focus on recovering from the vehicle accident.

Provide Emotional Support

Your car accident lawyer probably isn’t a therapist or mental health counselor, but they are there to provide some emotional support. Your nerves are probably stretched pretty thin after the collision and the claim process can be stressful. Sometimes, it can seem like your accident claim isn’t making any progress and this can add to your stress.

Your attorney can be a shoulder to cry on and even listen to you vent your frustrations. Since they understand the legal process, they can provide assurance that eventually things will work out.

Since it’s never a good idea to discuss your accident details with others until the case is resolved, your attorney may be the only person you can really talk to about your feelings. Why shouldn’t you discuss the accident with others? You never know who the insurance adjuster will interview and you don’t want your statements used against you.

A Car Accident Attorney Provides an Invaluable Service

The legal duties of a car accident lawyer shouldn’t be understated. They provide an invaluable service that can significantly improve your chances of successfully pursuing compensation after a vehicle accident.

From gathering evidence to negotiating with insurance companies, their expertise ensures that your case is handled professionally, giving you the best opportunity to receive the compensation you deserve.