From 1 January to 30 April 2022, 2,267 people were hospitalised for casualties due to car accidents in Queensland. Car accidents can pose a threat to your health and safety and also have potentially disastrous financial effects.
Engaging a lawyer is highly beneficial if you have been injured in a car accident and want to claim compensation.
Read on further to find out the role of a lawyer in the car accident claim process.
Experience and Knowledgeable Car Accident Lawyers
Instructing an experienced car accident lawyer can make all the difference. They will work timeously to ensure they assess your claim, lay out your rights, work with you to find the best way forward, and handle the compensation claims process on your behalf.
How Can a Lawyer Help You During the Claim’s Process?
A lawyer can help you in the following ways:
- A Lawyer Can Offer Knowledgeable Advice
A lawyer will allow you to share your story and guarantee confidentiality. After assessing the merits of your case, they will inform you about what will happen next and your choices.
- They Can Formulate Your Case and Keep You Up to Date
A lawyer can collect all the required documentation, including medical reports to prove your claim. Lawyers explore the importance of medical evidence in car accident compensation claims so they understand just what’s needed.
This frees you up to focus on getting back on your feet.
Once all the evidence is assessed, they will advise you of the best options available to claim compensation.
A lawyer will also give you regular updates so that you can know how your matter is progressing.
- They Can Negotiate on Your Behalf
A lawyer has the necessary skills and expertise to conduct effective negotiations to settle your matter.
They will often sit down with the other side to try to agree to a settlement before the matter goes to court.
- They Can Handle the Court Process if It Comes to That
If negotiations break down and your matter has to go to court. A lawyer can represent you during proceedings. They will ensure that the court processes are followed so your matter proceeds according to plan.
- They Can Finalise Your Matter
You have a better chance of your claim being successful if you instruct the right lawyer. Lawyers have to deal with matters like yours daily, and they can use this experience and formal training to finalise your matter on your behalf.
While a lawyer is optional, there are considerable benefits to engaging one.
Do I Require Legal Advice?
If you are unsure about anything, the wise thing to do is get expert advice.
Legal advice is handy in the following scenarios:
- There is a dispute about who is responsible or the amount of compensation to be paid.
- You‘re about to commence negotiations with the insurer or the driver.
- The matter is going to court because negotiations have broken down.
Contact a lawyer if you are unsure of anything related to your claim.
What Compensation Will a Car Accident Lawyer Seek for You?
The compensation that a car accident lawyer will seek on your behalf will depend on the specific circumstances of your case. Generally, a car accident lawyer will aim to recover damages for the losses and expenses you incurred as a result of the accident, including:
- Medical expenses: This includes the cost of past and future medical treatment, including hospitalization, surgery, rehabilitation, and medication.
- Lost wages: If you missed work due to the accident, your lawyer will seek compensation for lost wages and future lost earnings if you are unable to return to work.
- Property damage: Your lawyer will seek compensation for the cost of repairing or replacing your vehicle and any other property damaged in the accident.
- Pain and suffering: Your lawyer will seek compensation for the physical pain, emotional distress, and mental anguish caused by the accident.
- Loss of enjoyment: If the accident caused you to lose the ability to enjoy your life in the same way as before the accident, your lawyer will seek compensation for this loss.
- Punitive damages: In some cases, a car accident lawyer may seek punitive damages, which are intended to punish the at-fault driver for their reckless or intentional behavior.
Your car accident lawyer will carefully evaluate the facts of your case and determine the appropriate amount of compensation to seek on your behalf.
Who Pays in a Car Accident Case?
In a car accident case, the person or party responsible for causing the accident is generally the one who will be responsible for paying for the damages and losses resulting from the accident. This is usually the at-fault driver’s insurance company that will be responsible for paying for the damages and losses incurred by the other driver or drivers involved in the accident.
If the at-fault driver has insurance coverage, the insurance company will be responsible for paying for the damages up to the limits of the policy. If the damages exceed the policy limits, the at-fault driver may be personally responsible for paying for the additional damages.
If the at-fault driver does not have insurance, they may be personally responsible for paying for the damages out of their own pocket. In this case, the injured party may need to file a lawsuit against the at-fault driver to recover compensation for their losses.
It’s important to note that in some cases, more than one party may be responsible for the accident. For example, if there were multiple vehicles involved in the accident, it’s possible that more than one driver may share fault. In this case, each driver’s insurance company may be responsible for paying for the damages and losses incurred by the other drivers and passengers involved in the accident, based on their level of fault.
Ultimately, the specifics of who pays in a car accident case will depend on the specific circumstances of the accident and the parties involved. It’s important to work with an experienced car accident lawyer who can help you understand your rights and options for recovering compensation.
The role of a lawyer in a car accident claim process should not be understated. They help with everything from advice to acting on your behalf, allowing you to focus on your recovery and rehabilitation.