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Most Common Questions to Ask Your Car Accident Lawyer

Discover eleven common questions you should ask your car accident lawyer and answer each of the questions.

If you’ve been in a car accident, there are a couple of questions you should ask your personal injury lawyer. It’s likely your personal injury lawyers will have some questions for you, as well. The answers you give are likely to impact the responses you receive. 

The top 11 questions those in a car accident ask their personal injury attorneys are:

What should I do after a car accident?

1. What should I do after a car accident?

This is a common question for attorneys representing car accident victims, and their first response would be to seek medical attention; if you haven’t already. The extent of your injuries may not be immediately evident, and some car accident injuries may not become apparent for weeks, months, or even years after a crash. A medical professional will diagnose injuries and damages that may otherwise be left unidentified and worsening over time. It’s also essential you make sure that any evidence regarding the accident is preserved if it is needed for court. Taking photographs is an excellent way of recording the scene at the time of the accident.

Should I make a statement?

2. Should I make a statement?

Following a car accident, you are likely to be a little dazed and unsure of what is going on, so it is not the best time for you to be making statements about the nature or cause of the accident. It is best not to make a police report to law enforcement authorities or the other car’s driver until you have had a chance to speak with your personal injury lawyer. Some insurance companies will try to get you to make a recorded statement. Before considering this, make sure you speak to your personal injury lawyer. The last thing you want is a throwaway line in a recorded statement to impact the likely court outcome.

Should I make a statement?

2. Should I make a statement?

Following a car accident, you are likely to be a little dazed and unsure of what is going on, so it is not the best time for you to be making statements about the nature or cause of the accident. It is best not to make a police report to law enforcement authorities or the other car’s driver until you have had a chance to speak with your personal injury lawyer. Some insurance companies will try to get you to make a recorded statement. Before considering this, make sure you speak to your personal injury lawyer. The last thing you want is a throwaway line in a recorded statement to impact the likely court outcome.

Do I need a personal injury lawyer?

3. Do I need a personal injury lawyer?

It is entirely up to you whether you engage a personal injury lawyer. Most personal injury attorneys working in this area often have multiple years of experience dealing with personal injury cases, insurance companies, and claims. An experienced car accident attorney understands the processes that need to be followed to progress a claim in court or a settlement. The court system is a foreign process for most of us, so it’s beneficial to have an accident lawyer guide you through the legal process. Personal injury lawyers can also give you realistic legal advice and views regarding your case and the likely prospects of success.

What can I claim?

4. What can I claim?

It is likely; if you have been injured in a car accident, you will be able to bring a case against the person responsible for the action. Many states, including Ohio, have an “at fault” car insurance system. Meaning the person at fault is responsible for paying damages to anyone injured, and their insurance usually covers this. The most common types of damages include:

  • Medical bills and expenses
  • Car Repairs
  • Lost wages
  • Physical or emotional pain and suffering

The amount you receive in damages is dependent on the facts and circumstances relating to your particular case.

Do I have to go to court?

5. Do I have to go to court?

No, there are several ways of dealing with a car accident claim in Ohio outside of the courtroom. The most common way is to file a claim with either your insurance company or the driver’s insurance company at fault. An insurance adjuster will assess the insurance claim and offer a fair settlement. You are not bound to accept the proposed settlement. If you consider the claim unfair, you can file an appeal to a supervisor of the insurance company. If you still believe the settlement unfair, you can file a complaint with the Ohio Department of Insurance. Even if you take legal action against the at-fault driver to court, the matter may not proceed to a trial. Judges encourage both parties and their lawyers to attend mediation and have settlement discussions to resolve the case before a trial.

What information does an auto accident attorney need?

6. What information does an auto accident attorney need?

It is crucial to gather as much information as you can at the accident scene or soon after. Many personal injury lawyers recommend you write down what you remember of the accident as soon as possible after the event. Often the settlement and court process can be slow, so a written account of what happened while it is fresh in your mind is invaluable. At the motor vehicle accident scene, make sure you get the name, contact details, and insurance company of the at-fault or other drivers. You should also get the contact details of any witnesses to the accident. Take note of any features that may have contributed to the auto accident. Your personal injury attorney will help you gather the information you need about the motor vehicle accident.

How much will it cost?

7. How much will it cost?

Different car accident lawyers charge different fees. These can be related to the time they spend working on your case or the level of complexity. At Erney Law, we work on a contingency basis. Meaning that we don’t get paid unless we win. Our fee is a previously agreed percentage of the settlement figure when we win.

Is there a time limit on making a claim?

8. Is there a time limit on making a claim?

In Ohio, you have two years from the day of the motor vehicle accident to make a claim for personal and property damage as a result of an auto accident. If you don’t make your claim within two years, you will be unable to pursue the matter, as the court (except in exceptional circumstances) will refuse to hear the matter.

What do I do if an insurance company makes a settlement offer?

9. What do I do if an insurance company makes a settlement offer?

It is strongly recommended that you discuss any settlement offer with your personal injury attorney, who will be able to offer you proper advice relating to it. Remember, insurance adjusters want to pay out as little as possible, so you must have someone, such as a lawyer, looking out for you to receive fair compensation.

What if I have ongoing or future medical expenses?

10. What if I have ongoing or future medical expenses?

Your attorney will work with your medical professionals to determine the extent of the medical expenses you are facing. They will help determine the frequency and type of rehabilitation required and any ongoing surgeries or treatments resulting from the accident. These factors will help determine the appropriate level of damages for medical expenses.

What does a lawyer add in a car accident case?

11. What does a lawyer add in a car accident case?

Whether you choose to be represented by a lawyer is entirely up to you; however, a competent and experienced attorney in this area can be invaluable. An experienced car accident lawyer ensures that all the required elements of your personal injury case are present so that you will be successful in a damages claim. These elements include duty, breach, causation, and damage. They can:

  • Help you gather the necessary evidence to prove fault
  • Help with the evidence required to prove damages
  • Provide a realistic assessment of your prospects of success
  • Provide a step-by-step plan of your case progression
  • Deal with the negotiating on your behalf

Final Thoughts

When it comes to car accidents, there is potential for severe and ongoing damage, so it’s essential to choose a lawyer with a strong commitment to assisting the victims of auto accidents to seek compensation. The team at Enery Law offers a free case evaluation to indicate the likelihood of you being successful and the level of damages available. Arrange your free case evaluation today.