What Should an Attorney Do After a Traffic Accident?

In the State of California, a car accident lawyer must perform a series of actions and provide legal services to properly represent a client involved in a traffic accident. This article provides an overview of what an attorney should do after a traffic accident—basic actions to help you understand, at least in a general sense, what to expect from this type of legal professional.

Having this basic information will also help you determine whether you are in the hands of a trustworthy attorney or someone who may simply want to take your money and settle the case quickly. Unfortunately, such situations do occur. At My Lawyer Mark, our goal is for you to receive the highest possible monetary compensation. We fight for every last penny because your best interests are our number one priority.

What Should an Attorney Do After a Traffic Accident?

After an initial case evaluation to determine liability and legal feasibility, the next step for a traffic accident attorney is to provide legal advice to the client about their rights and legal options. This includes explaining California traffic laws and how they might impact the case. Once the client agrees to the attorney’s representation, the following steps typically take place:

Investigation

The investigation of the accident is a cornerstone of your case. Your attorney will gather a wide range of evidence, such as official reports, eyewitness statements, photographs, and other relevant documentation. They will also maintain contact with investigating authorities and key witnesses to obtain a detailed understanding of what occurred.

A thorough investigation of a vehicle accident involves the following actions:

• Medical documentation: Organizing your medical records and bills related to the accident.
• Scene analysis: Conducting a detailed assessment of the accident location.
• Report collection: Obtaining police and official accident reports.
• Witness statements: Gathering statements from all individuals who witnessed the incident.
• Visual evidence: Acquiring footage from nearby security cameras.

Negotiation with Insurance Companies

In many cases, your attorney will negotiate with the insurance companies involved in the accident on your behalf. This may involve seeking appropriate compensation for personal injuries, property damage, and medical expenses. It’s important to note that insurance companies often prioritize their interests, making an attorney’s expertise and negotiation skills critical to securing fair compensation.

Filing a Lawsuit

If a satisfactory settlement cannot be reached with the insurance companies, your attorney may file a lawsuit on your behalf. This initiates a formal legal process in California’s court system. Filing a lawsuit is a serious decision that should be made in consultation with your attorney, who will explain the pros and cons and help you make an informed choice.

Representation in Court

If your case goes to trial, your attorney will represent you in court. This includes presenting evidence, questioning witnesses, and making legal arguments on your behalf. Trials can be lengthy and complex, requiring specialized legal knowledge. Your attorney will guide you through every stage of the process and keep you informed about your case.

Advice on Damages

Your attorney will help you calculate and claim appropriate damages, which may include:

• Economic damages: Medical expenses and lost wages.
• Non-economic damages: Pain and suffering. They will also ensure all elements of your claim are well-documented to present a strong case.

Managing Deadlines and Legal Documents

Attorneys handle all legal deadlines and requirements, including submitting documents and completing necessary legal procedures. Missing a legal deadline can have serious consequences for your case. Your attorney will ensure every aspect of your case is handled efficiently and on time.

Advocating for Your Rights

A dedicated attorney will always protect their client’s rights and interests, seeking the best possible outcome under the law. If you feel your attorney is rushing your case or settling for an unusually low amount, discuss it with them. If you suspect unethical behavior, you have the right to change attorneys. It’s important to feel comfortable and confident with your legal representation. If you have any questions or concerns, communicate them to your attorney.

Frequently Asked Questions About Accident Attorneys

What Should I Bring to an Initial Consultation?

To make the most of your first meeting with an attorney, bring the following documents:

• Personal information: Full name, address, phone number, and email address.
• Insurance details: Auto insurance policy information, including the insurer, policy number, and agent’s name.
• Accident information: Detailed description of the accident, including date, time, location, parties involved, and relevant details (e.g., weather conditions, vehicle damage).
• Police reports: A copy of the police report, if available.
• Medical bills: All bills related to the accident.
• Medical history: Relevant prior medical reports.
• Photos: Pictures of the accident scene, vehicle damage, and injuries.
• Witness statements: Contact details of witnesses.
• Employment documents: Proof of income and documentation of lost wages.

How Long Will It Take to Resolve My Case?

The time it takes to resolve an accident case varies widely, depending on factors such as case complexity, insurance company cooperation, and the need for additional evidence. Cases with straightforward evidence and minor damages tend to resolve faster than those involving serious injuries, multiple parties, or disputes over liability.

Can I File a Claim if I Was Partially at Fault?

Yes, California follows a “comparative negligence” system. If you were partially at fault, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, you could recover 80% of the total compensation.

Can Undocumented Immigrants File a Claim?

Yes, regardless of immigration status, you have the right to file a claim for injuries caused by someone else’s negligence. Your immigration status is confidential and will not be disclosed in legal proceedings.

If you’ve been in a car accident in California and are considering hiring an accident attorney, contact My Lawyer Mark at (866) 721-5808 for a free consultation in your language.