An automobile accident can be a frustrating and traumatic experience. Issues surrounding liability, compensation and insurance claims are usually contentious. Fortunately, hiring a qualified and experienced San Francisco car accident lawyer is a sure-fire way to improve chances of a favorable outcome. Legal representation makes it easy to file claims and take advantage of procedural rules associated with your case. The majority of attorneys work on a contingent-fee basis, which means you will only pay legal fees in the event of a successful outcome. With the help of a legal professional, you can obtain in-depth information about any statutes of limitations applicable to your case. A number of states make it mandatory for motorists to file a lawsuit within two years of the accident. Sometimes injuries are worse a few days or weeks after the accident. It is important that your attorney be well versed in all common types of car accident injuries. In some cases, there are special exceptions when it comes to statutes of limitations, such as the involvement of minors. A San Francisco car accident lawyer is capable of developing a viable strategy aimed at mitigating any possible defenses raised by the counter party. The attorney also works tirelessly to prepare the case for trials if the matter goes to court.
Although many accident-related cases are resolved through settlement, the threat of legal action compels the other party to agree to a fair compensation. A good legal representative is vital in matters involving large insurance companies that boast top lawyers with vast experience in denying or reducing compensation. There is lot of work that goes into building a solid defense or claims case. It can be immensely difficult for an ordinary person without legal experience to win a case. The work involves gathering evidence, negotiating with prosecutors, collecting police as well as witness statements, lost wage information, medical records and bills. This type of burden is the last thing you need after a vehicle collision. Automobile accident attorneys are fully qualified to prepare and submit a settlement demand to an insurance company on your behalf. They can start filling the required paperwork if the matter is going to court.
Automobile accident law covers the rules applied when it comes to determining liability for personal injury or damage to property. The law employs the principles of negligence to ascertain liability and level of compensation. The claims process surrounding vehicle collision is almost entirely regulated by state law. To obtain reasonable compensation, traffic accident victims are required by law to provide sufficient evidence that covers four fundamental aspects, including harm, causation, breach and duty. With respect to breach, you need to show direct proof, such as traffic surveillance video, eyewitness testimony or an admission of guilt.
In some cases, you can show evidence of blood alcohol readings, skid marks or paint smudges. On the other hand, duty entails obeying the rules of the road by operating an automobile reasonably and responsibly. This refers to exercising maximum situational awareness, maintaining a safe following distance, avoiding alcohol consumption while driving, using blinkers, observing traffic signals, and maintaining control of the vehicle at all times. Although the court takes these considerations seriously, they do not provide sufficient proof in terms of causation. Hence, the plaintiff’s San Francisco car accident lawyer must show evidence that supports the element of causation. The court requires medical testimony proving that the nature of your personal injuries are linked to or consistent with the collision. You lawyer may request professional submissions or input from a qualified medical practitioner to demonstrate to the judge that the injuries emanated from the accident in question. Lastly, the attorney must provide proof of harm. Near misses are automatically disqualified when filing a negligence lawsuit. Your legal representative must show that the conduct of the other driver resulted in injury or damage to the vehicle. Once the court accepts submissions made by the plaintiff’s attorney, it can award compensation for lost wages, pain, medical expenses and much more. Lawyers recommend that motorists should avoid making compromising statements at the accident scene because these can be used against you. Many drivers admit fault on the scene or apologize. Law expects say this can easily work against you in a lawsuit since there is an exception applicable to admissions when it comes to out-of-court statements.
Making notes about the collision, taking statements made by the other party and photographing the vehicle on accident scene is highly recommended. Using your smartphone or tablet device to record statements can prove decisive in the claims process or lawsuit. Gathering additional details, such as license numbers, insurance information, driver’s name and address is critical to improving chances of a successful outcome. Your lawyer will need this information in addition to police reports and eyewitness contact information. The details are needed when pursuing a lawsuit and claiming from insurance companies. Clear descriptions of traffic, weather or road conditions is also useful. When taking photographs of the scene include close-ups and shots from a distance that highlight the location of key features, such as crosswalks and traffic signs. If law enforcement officers attend the scene, make an effort to take down their names and request copies of accident reports. It’s also vital to seek medical attention as soon as possible. Some injuries may not be noticeable immediately. The whiplash motion experienced in car crashes is associated with a wide variety of internal injuries. These may worsen over time. Possession of medical records when instigating the claims process helps prove the seriousness of the accident.
Insurance adjusters are notorious for reducing the amount of compensation payable. They may pressure or trick you to waiver certain rights. However, you will be able withstand the pressure and reject an unfair settlement when supported by an experienced San Francisco car accident lawyer. Many states employ fairly complex systems of apportioning blame, which leads to monetary obligations that can be liquidated directly by the at-fault driver or the insurance company. Any party found guilty of violating traffic is responsible for paying the victim’s medical expenses and damages to property.