Involvement in a car accident can be a devastating experience. Most car accidents result from negligence from other drivers and road users. The injuries resulting from a car accident could take a toll on you physically, emotionally, and financially. Fortunately, victims of car accidents are entitled to compensation for harm caused to them. Since all drivers are expected to have insurance under California law, the at-fault party's insurance company must compensate you for your injuries.

After an accident, negotiating a settlement with the insurance company is the first step towards recovering your damages. Mostly, insurance companies want to pay you less than you deserve and will try their best to downplay your claim. The legal processes that go into an insurance claim settlement may be challenging, especially when nursing injuries from the accident.

Therefore, seeking the guidance of a skilled personal injury attorney is crucial. Some of the ways through which your lawyer can help you in your insurance claim settlement include:

Helps you Understand Your Rights

Unless you have the relevant legal training, the chances are high that you do not know about the laws governing compensation for car accident injuries. When you are involved in a car accident in California, it is crucial to understand your legal rights. Most car accidents are a result of negligence. If you are not at fault for the accident, you are entitled to compensation for your injuries and losses.

Fault in personal injury claims is determined through negligence. If you can identify the negligent party, they will be held liable for your injuries. Each driver in California must have vehicle insurance. After the accident and the injuries, the fault party's insurance company must compensate you for your losses.

Whether you choose to settle with the insurance company out of court or file a legal claim, you are entitled to rightful compensation. A skilled personal injury attorney understands the personal injury case and can help you identify the relevant laws related to your accident. When you seek the help of an attorney who understands the dynamics of insurance claim settlement, your odds of recovering the full compensation are increased.

Gather Evidence on Accident Liability

One of the best ways to protect your legal rights and improve your chances of compensation is by obtaining the relevant information that will help you prove liability. In California, liability for a car accident is often based on negligence, and you must demonstrate how the defendant's conduct resulted in your accident and injuries. Collecting the relevant accident at the accident scene and after the accident helps you be prepared to claim the liable parties. 

Unfortunately, some car accidents are severe, and the injuries resulting from these collisions make it impossible for you to sit back and collect the evidence. Therefore, contacting your attorney is one of the first steps you need to take after the accident. Your lawyer can help you collect the following pieces of evidence that are relevant to your case:

  • Photographs of the Accident Scene

Photos of the accident scene are crucial evidence in a personal injury claim. This could give you an upper hand instead of relying solely on your testimony. If a vehicle left skid marks, you need to capture that scene. Also, you will need pictures of the traffic control scenes. When you are seriously injured, it can be challenging to stand up and take photos from different angles of the accident.

It is crucial to understand that a picture is worth a thousand words in accident litigation. If the other driver provides a statement that you can prove wrong with a photograph, your evidence will be more credible. Pictures of the vehicles involved in the accident can show how the accident happened. If you need emergency medical care and cannot take the images, your attorney can return to the scene and collect this information.

  • Contact Information of Other Drivers and Witnesses

Before leaving the accident scene, it is important to note their names and contact information. However, if you are a hit and run victim, you will need to note down the vehicle plate number and leave the rest to the police and your injury attorney. When you take the contacts of neutral witnesses, your attorney can help you contact them later to testify in your lawsuit. The testimony of a third party could hold a lot of weight in your claim and chances of recovering compensation.

  • Police Report and Other Official Reports

One of the first steps you need to talk about after involvement in a car accident is to contact the police. When the police arrive at the accident scene to assess the situation, they will prepare an official report. The police report is significant evidence in your claim and is considered a public record in California.

While you are in hospital nursing your injuries, your attorney can subpoena the police report. Although police officers are not witnesses to the accident, their opinion will play a crucial role in determining fault in the accident. Additionally, your attorney can help you obtain the report filed with the Department of Motor Vehicle by the other driver. Sometimes, drivers contradict themselves by providing a different account of events to the police and the insurer. Obtaining their report will help you catch them in a lie and validate your claim.

  • Medical Records

Most victims of car accidents suffer serious physical injuries, which is a basis for many personal injury lawsuits. Your medical records play an important role in determining the nature and extent of your injuries or treatment. Often the medical reports are written by the doctor who treats your injuries after the accident. When you file a lawsuit after a car accident, your attorney will help you obtain your medical reports and present them in court or to the insurance companies to prove your injuries.

Negotiate with Lien Holders

Seeking medical care after a car accident is crucial. After the accident, fault parties and their insurance providers are often reluctant to accept liability for the accident. Therefore, you will need to cover your medical bills. You can cover the expenses using medical insurance or doctors who work on a lien basis. 

If you receive medical care from health disability or workers compensation, the insurer will lien on your claim. A competent personal injury lawyer will negotiate with lien holders to reduce the lien on your claim. In this case, you can use the rest of your benefits to cover other expenses.

Communicating with the Other Drivers Insurance Adjuster

When you file a personal injury lawsuit against the individuals you believe were at fault for your accident, the insurance provider of the fault party will be responsible for the injuries and must offer you the appropriate compensation. As soon as the insurance company learns of the accident, an insurance adjuster will contact you to begin the negotiation process. An insurance company, in this case, could have an in-house adjuster or hire an independent claim adjuster.

State and local governments often have many individuals claiming compensation from them. Therefore, they may have their adjusters who will work with you during the claim process. Sometimes, the insurance adjusters will contact you before filing a lawsuit against their client. Often, the insurance company will not want to take liability for their client's actions and will try to offer as little compensation as possible for your injuries and losses.

Most Insurance adjusters lack the knowledge about your claim and lack time to investigate the situation. Therefore, they will go off the information you provide to diminish your claim. Insurance companies often limit the amount they can pay you after a car accident. This amount is often lower than what you deserve for your injuries and losses in most situations. Insurance adjusters work to ensure that you accept the low compensation by luring you into admitting fault for the accident.

While the moments following an accident could be traumatizing for you and your family, it is crucial to avoid speaking with insurance adjusters without the guidance of your injury attorney. Attorneys often have experience dealing with these adjusters and will ensure not to disclose any information that could damage your chances of recovering the compensation you deserve.

Insurance companies may use their adjusters to admit that you were not injured. This can affect your chances of recovering compensation for medical bills even after diagnosed injuries. However, your injury attorney knows the importance of providing the correct information and can only comment on your injuries after being treated in an accredited medical facility.

Help Assess the Full Extent of your Damages

It is normal for you only to consider your immediate expenses when building a claim after a car accident. However, there is more to these situations. In addition to incurring costs for medical expenses, the injuries could cause you to lose your ability to return to work and earn a living. Additionally, you could be left with emotional and psychological trauma even when not suffering physical injuries.

Your lawyer has the knowledge and skill to find ways through which the accident affected your life. In addition to the current losses, your lawyer could factor in the future expenses you may incur due to the injuries. After considering your damage, they can come up with an estimated value of your claim. This will help ensure that you are not left paying additional bills.

Negotiate a Settlement

In California, every driver is expected to have vehicle insurance. When you are injured in a car accident, the at-fault driver's insurance company will shoulder responsibility for compensating you for your injuries and losses. If the driver at fault for the accident does not have vehicle insurance, it could be challenging to recover compensation.

You do not necessarily need to go to court to recover compensation. You can settle your car accident claim out of court. Your attorney will submit a claim letter containing the details of your claim, the evidence of your losses, and the amount you seek in compensation. When you reach an agreement, you will be required to sign a formal settlement that releases the liability defendant. When you sign an out-of-court deal, you will not have a right to sue the defendant or claim further compensation in court.

Out-of-court settlements take less time when compared to trials. Also, you are free to reject or accept a settlement, unlike in court, where you receive the amount determined by the judge. However, when you attempt to settle with the insurance company without the presence of your attorney, the insurance adjusters will ensure to pay you as little as possible for the claim. In most cases, out-of-court settlement benefits are not enough to cover all your losses and expenses resulting from the accident.

Offer Legal Guidance and Representation

After an accident, it is common for you to want things to return to Norma. Unfortunately, it is not possible to turn the time back, and you have to deal with the effects of the crash. The moments following involvement in a car accident could be very devastating, and you will have many questions in your mind. After dealing with the accident injuries, you need to jump right into dealing with compensation. The steps you take and the information you provide may affect your ability to recover compensation.

Shortly after an accident, the insurance providers may contact you. It is crucial to understand that insurance companies do not always have your best interest at heart and may attempt to trick you into accepting less settlement than you deserve. When you contact a personal injury attorney, they can guide you on how to conduct yourself and the information to offer so you can avoid compromising your case.

Some of the tricks that insurance companies could use to lure you into an unfair settlement include:

  • Use language that implies that they want to help you. Insurance adjusters will pretend to have your best interests at heart so they can obtain more information from you. Also, you may notice frequent communication used to gain your trust so you can disclose important case information.
  • Coercing you into making a written statement. When the insurance company learns that you have been involved in an accident, you can accept a call from them requiring you to write a statement. It is crucial to understand that the statements you provide may be used against you.
  • Discourage you from seeking legal assistance. In your conversation with the insurance adjusters, you may notice that they discourage you from seeking legal counsel. When you decide to contact your injury attorney, you should be careful what you disclose to the insurance adjusters. When you have legal representation by your side, it is hard for them to convince you to accept a low settlement.

Filing a Court Case

If your out-of-court settlement fails to work out, your injury attorney will help you seek justice by filing a lawsuit with the court. Whether you settle out of court or during the trial, the insurance company will be responsible for settling your claim. Although filing a case with the court will take longer, you may end up with higher compensation for your injuries. When you attempt to move through the claim alone, the fault parties and their insurance companies will do their best to stop you from using them. With guidance from a skilled personal injury lawyer, you cannot succumb to the pressure from the insurance company.

Your attorney will help you gather all the paperwork and evidence necessary to file a claim. In court, the lawyer will offer highly skilled representation and follow up on the claim while providing you with updates on the claim. If a car accident claim goes to trial, the judge or a jury will decide on the fault and determine the amount of compensation you deserve. The trial process for such a claim involves gathering, presenting evidence, and cross-examining witnesses.

With their legal knowledge, your lawyer can detect and keep you away from the tricks used by the fault parries insurance companies. Guidance from an attorney will help improve your chances of recovering full compensation. Many people feel that they have received justice when the case goes to court. An out-of-court settlement means that the liable parties will not own their actions.

Find a Skilled Personal Injury Attorney Near Me

Car accidents are a common occurrence on the roads in California. The moments following a car crash could be painful, confusing, and overwhelming for the victims and families. Depending on the nature and severity of the crash, a car accident could leave you with physical and mental injuries. One of the main questions that could be on your mind is how to navigate the claim process and recover compensation for your injuries.

When you are dealing with the effects of the accident, moving through the claim process with the insurance company can be challenging. Fortunately, hiring a personal injury attorney will make the process easier. Your injury attorney will help you gather the necessary evidence to file a claim. Also, the attorney will negotiate a settlement with the insurance company to ensure you receive the rightful compensation for your injuries. At Los Angeles Car Accident Attorney, we will offer you the legal guidance you need to navigate an insurance claim. Call us today at 424-237-3600 for legal counsel.