A car accident lawyer can help make sure you get the recovery you deserve if someone injured you in a car accident. Read on for the top 10 questions to question your car accident lawyer.
- How do you charge? This is usually one of the most vital questions for most car accident victims, as you may want to sue but may be worried of being faced with large legal bills if you don’t win. Many car accident attorneys will work on a contingent fee basis, which means that they only get paid if you win. Contingent fee lawyers charge a percentage- usually around 30 percent- of the total settlement you receive. Still, this can be a better bet for many individuals who cannot afford the hourly fees a lawyer would charge if they didn’t win their case.
- What court fees and costs will I be responsible for? Even if a lawyer charges on a contingent fee basis, you may be responsible for court costs and fees and other costs the lawyer incurs in investigating and bringing the lawsuit. Find out exactly what costs you may have to pay, even if you lose the lawsuit.
- Do I have a case to sue? This is another fundamentally vital question. In order to recover hurts, you have to prove that the other person breached a duty to you by not acting with a reasonable degree of care when he caused the accident. You also have to prove you really suffered hurts. If you can’t meet your burden of proof, it is unlikely you will win your case.
- Who should I name as the defendants? For most, it seems obvious that you should sue the person driving. But, that person may not have sufficient insurance or assets to cover your losses. In some cases, additional defendants may be responsible as well. For example, if the person who caused the accident was working for an employer and doing work related tasks when he caused the accident, that person may have been acting as an “agent” of his employer. Under agency laws, that means the employer may also be responsible for your hurts and should be named in the lawsuit as well.
- How long do I have to file my lawsuit? There is a statute of limitations- or a maximum time limit- that you have in most jurisdictions if you want to file a lawsuit. It is vital to know what this deadline is so you can make sure you file your lawsuit before the deadline passes.
- What are my potential hurts? You may be able to recover not only for medical bills and lost wages but also for pain and suffering, emotional distress or other types of hurts you suffered. Your lawyer should be able to fully clarify to you the extent of your recovery options.
- What should I do to protect my case? Not only do you have to file your lawsuit within a given period of time, but you also may have to take other steps to protect your right to sue. Find out what the law requires in your area. Do you need a police report, for example, or must you file notice with your insurance company or the DMV?
- What is the difference between settling and suing: Most cases settle out of court, which means the defendant or his insurance company makes you an offer and you can take that lump sum payment and, in exchange, waive your rights to sue. If you opt against settling, the case will go to trial and a judge or jury will choose the defendant’s responsibility. It is vital to know this difference between suing and settling, and your attorney should be able to clarify to you the merits of both options.
- Should I consider settling? Since most cases settle, it is common for you to receive some type of offer from the defendant. You should discuss this with your attorney, and carefully consider the pros and cons before you choose to settle. Remember, if you do settle, you can no longer sue for the accident and your only recovery under the law will be the money paid to you in the settlement.
- How long do you reckon my case will take? It may take a long time for a case to go to trial and an even longer time for you to get your money. It is vital to be aware of this so you can make plans for how to handle medical bills in the meantime. If you need money immediately, settling may be your best option; alternatively, there are companies who will lend you money on the basis of an expected settlement or lawsuit victory that you can consider working with if you are committed to going to court.