Introduction

The screech of tires, the horrific crunch of metal, and that jolt that seems to freeze time altogether. After you have been in a car accident, everything in your life narrows down to the second of shock and confusion. Your heart is racing, your hands may still be shaking, and one thought almost always makes its way through this fog of confusion, What do I do now?

After the days of adrenaline fade, that confusion can settle into a deep anxiety. The phone calls from the other driver's insurer begin, offering a settlement that seems simple, straightforward, and quick. Your medical bills come in, and they quickly tally up the ambulance ride, the ER visit, and the X-rays. You may have also missed work, and your paycheck is diminishing, while your pain remains.

You know that you need assistance, but that leads to another daunting question: How do I find a good car accident lawyer near me? And it is usually prompted in the search engine via your phone as a desperate search for immediate assistance. But when you ask for a car accident attorney, you aren't just looking for more help on a service. You are looking to be pointed in the right direction, or to have someone with expertise enter a situation that feels utterly out of control and reinstill order and justice. You are looking for an attorney who can pick up the legal burden so you can get back to healing.

I hope this guide is, in fact, that first rational voice you hear. We'll talk through not only how to select a lawyer, but how to have an understanding of the process as a whole, from thinking through the important things to think about at the actual scene of the accident, to what will happen when your case is done. Our objective is to provide you with facts, to set the stage for the legal process you are about to take, and to help you make a fully-informed decision about your future.

The Immediate Aftermath: Things to Consider After a Crash

First, even before we talk about how to find an attorney, let's anchor ourselves with the immediate things we can do that can have a monumental impact on any future legal case. Your health is the foremost priority, but the choices that you make in the first hour can establish a solid foundation for any claim.

1. Safety First: Assess for injuries and secure the scene

Your first reaction may be to launch yourself out of the car and review the damage to your automobile. Stop. Take a breath. Check yourself and anyone else in your car, then others involved, to see if you, they, or anyone else has an injury. Don't forget that the shock of an the accident can cause pain to take time to present itself so be cautious. If it's a serious injury, or you suspect serious injury, call 911 right away. Never move a person who is unconscious or has a possible neck or back injury.

If it is a minor crash, and the cars are driveable, and nobody appears to have been hurt, move them to the shoulder or away from the flow of traffic; never to keep the scene clear, but to help avoid further auto crashes. Prior to exiting your vehicle, turn on your hazard lights. If the vehicles cannot be moved and are disabled, tell the traffic to be aware, ensure everyone is in a safe place, away from the flow of traffic, and again: never move a injured person; just call 911.

2. Communicate with the Authorities: The Police Report

Even a seemingly minimal fender-bender is a situation where it's important to contact the police. Your police report is one of the most important evidential pieces contained in any vehicle accident case. When the officers arrive, they will document the scene, interview the individuals involved and interview witnesses. This report establishes a factual, third-party account of the event. This report will include information like date, time of the event, the physical location, weather, and the initial officer's opinion as to who was the at-fault driver.

When the police are speaking to you about the incident, remember to stick to the facts. Clearly and concisely state what happened without speculation, admitting fault, or pointing fingers. Simply state, "I was driving north on main street, and the other driver ran the red light and hit my passenger side." Do not say, "I am so sorry, I think I was going a little bit fast." Even if you were being polite, those sentences could lead to an issue later.

3. Document Everything: Your Own Investigation

Nowadays, you have an invaluable evidence-gathering tool in your pocket. Assuming you are physically capable, you should be taking photographs and video of everything.

• The Vehicles: Take wide photographs to show the placement of the vehicles relative to each other, and the road. Take close-ups from multiple angles of the damage to all the involved vehicle. Do not forget to photograph license plates.
• The Scene: Photograph skid marks on the road, traffic signs or signals, street names, debris from the collison, and any other details about the environment, for example where there was a sign blocked by object, or unsafe road conditions.
• Injuries: Take pictures of injuries that you or your passengers have visible, for example cuts, bruises, or swelling. These may change in appearance over time, so carry on documenting in the days following the accident.
• Witnesses: If there are people who saw the accident occur, politely ask them for their names and contact information. They may provide an independent and relevant account.

4. Get Information, but Keep it Short

You must have basic information from the other driver(s). This will include:

• Full name and contact information
• Driver's licence number
• Insurance company name and policy number
• License plate number and vehicle information (make, model, year)

Again, be brief and courteous. Avoid discussing how the accident happened, or whose fault it was. Be careful not to apologize. Apologizing can be construed as an admission of fault. Your goal is to get the facts, not negotiate fault at roadside.

5. Go to the Doctor: The Great Impersonator

You may feel "fine" at that moment, due to adrenaline, however some of the most apparent and serious injuries, such as whiplash, concussion, and soft tissue damage in your neck, back, etc. could take hours or days to exhibit any symptoms. It is important to get medical care as soon as possible after the accident. Visit the emergency room, an urgent care clinic, or book an appointment with your primary care doctor.

A medical professional can make an assessment as to any medical condition you have. Most importantly, a medical professional can make a record that associates your injury with a cause, which in this case will be the accident. A medical record linking your injury to the cause becomes a critical piece of evidence. If you wait two weeks to see a doctor, the insurance company will argue that your injuries probably were not too serious or probably came from something else.

Understanding the Law: What Does a Car Accident Attorney Do?

Many times, you think of an attorney as a courtroom lawyer, which is a small fraction of a car accident attorney's job. Most of their job will focus on a detailed investigation, negotiation, and planning. The attorney is your advocate and is helping you navigate through the legal and insurance systems.

The Initial Case Evaluation: Is There a Case?

When you first contact the law firm, you will complete all of the basic paperwork for a free consultation. This is not only a presentation for the law firm, it's a two-way assessment. The attorney will be hearing your story while posing the right questions, and evaluating your potential strengths and weaknesses. They are looking for 3 critical factors:

• Liability: Can we prove the driver was negligent? Negligence is when a driver fails to act as a reasonably prudent person would under the circumstances. That lead to the cause of the injury. Some examples of negligence would be: running a red light, texting while driving, speeding, driving under the influence, etc.
• Damages: What are the real damages? This includes economic damages such as medical bills, lost wages, and property damage, as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life.
• Insurance Coverage: Does the at-fault driver have sufficient insurance to cover your damages? If not, the attorney will find other sources, such as your own uninsured or underinsured motorist coverage.

A reputable attorney will level with you. For example, if the attorney believes your case is weak or that it is unlikely that you will recover any significant money, they will advise you that retaining an attorney may not be in your best interests. If the attorney feels there is a clear path to getting you compensation, they will detail their plan and explain what comes next.

The Investigator and Evidence Gatherer

When you hire an attorney, their teams act as professional investigators. They will:

• Obtain the Police Report: They will obtain a copy of the official report and review what the officer said.
• Obtain Evidence: They may bring in accident reconstruction experts to evaluate skid marks and vehicle damage, and apply physics to show how the accident occurred. They will issue subpoenas for traffic camera footage or the footage of other businesses' private security cameras.
• Locate Witnesses: They will locate and interview any witnesses you identified, and in addition interview witnesses who they find listed in the police report.
• Document Your Damages: They will diligently retrieve all your medical records, bills for services, proof of lost wages, and more, to present a complete picture of your damages.

The Negotiator: Interacting with Insurance Companies

Many times, this is where the attorney adds the most value. You have insurance adjusters who are professionals trained specifically for a single purpose – to settle claims for as little money as possible. Insurance adjusters are trained in techniques and strategies to minimize your injuries, shift blame or to put pressure on you to quickly accept a low offer.

Your attorney acts as a buffer. They are fluent in the language of insurance and recognize an insultingly low offer when they see it. They will put together demand letters that are rich in detail or create a picture of your suffering using available medical evidence, experts, and legal precedent. If the insurance company attempts to claim you were partially at fault, your attorney will have the necessary evidence to overcome their propaganda with facts or witness testimony.

I have seen a number of cases where the insurance company provides a settlement offer of $5,000 on what appears to have been a minor rear-end collision. The case ultimately settled for $45,000 – just because the attorney demonstrated to the insurance company that the client had a herniated disc and required months of therapy. The facts did not change, except for the person's ability and willingness to present them and the knowledge of the insurance company that they were dealing with someone who understood the game.

The Courtroom Warrior: When Negotiation Fails

While most car accident cases settle without going to trial, there are times when it is necessary to file a lawsuit and proceed with litigation. Insurance companies are much more likely to offer fair resolutions to settle cases when they know the claimant has hired an attorney to assist them and that attorney is willing to take their case to trial.

Experienced trial attorneys bring credibility to settlement negotiations. They've been in courtroom settings previously, they understand jurors' mindsets, and they can take an educated guess about what the case might be worth if it heads in front of a judge and twelve peers.

In a lawsuit, the process consists of initiating the case, going through a process of discovery (when both parties share information and take "depositions"), and potentially go to trial. This process can take months or years, but sometimes it is the only means of getting true justice, particularly if there is a catastrophic injury, or there is obvious malicious intent on the part of the insurance company.

The Hunt Begins: Where to Start to Focus Your Attorney Search

Finding the right car accident lawyer is not about choosing the first name that comes up on Google, or the attorney that has the biggest billboard on the freeway. It is about identifying someone that has the experience, the resources, and the fighting spirit for your circumstances. So how do you begin that focused search?

Personal Referrals: The Gold Standard

Start with your family and friends. Has anyone in your immediate circle of family, friends, and coworkers retained a car accident attorney? Personal referrals are valuable when they couple a person's referral with their experience. Your neighbor who had a similar occurrence two years ago cannot only tell you whether they won their case, but also provide insight into their feelings about the entire process.

Did the attorney return phone calls in a reasonable time? Did the attorney use understandable terms? Did they show care regarding the circumstances? Don't ask simply, "Do you know of a lawyer?" Ask specifics. Inquire about their communication style, fee arrangements, how long did the case take, and whether they would hire that same attorney again. Oftentimes, the most useful insight might include a comment such as "He got me a decent settlement, but I just felt like a number. I never really felt like he cared about my situation."

Professional Networks: Lawyers Know Lawyers

If you have any relationship with an attorney in another practice area- maybe you had some one assist you with a real estate transaction, a will, or a business matter- reach out to that attorney with your request. Lawyers in the same legal community know each other's reputations. They know who has been successful in personal injury cases and who may not be the best fit for your situation.

This is not about asking your real estate attorney to handle your car accident case. Rather, it's about getting informed recommendations utilizing their professional network of attorneys. They'll know which firms have the staffing and resources to take on the insurance company, as well as which attorneys make their living practicing personal injury law.

State and Local Bar Associations: The Official Route

Most state bar associations have lawyer referral services. Their databases allow you to search for attorneys by practice area and the geography they practice in. While this won't inform you about quality or degree of experience amongst lawyers, it serves to confirm you are dealing with lawyers who have licensure and good standing with the bar. Several bar associations also offer additional disclosures regarding the lawyer's education, years of practice, and discipline. This gives you some starting credibility before you start dialing the phones.

Online Research: Beyond the Marketing

The internet is awash with information, but you should go beyond the hors d'œuvre of the fancy law firm web page. You may start with the review sites, but when you look at the reviews, be critical. Look for trends instead of simply reacting to either the complaints or praise in evaluations.

A lawyer might have an unhappy client who goes to town in a condemnation of their work, but if 9 out of 10 reviews indicate the attorney exhibited great communication, professionalism and success, that one negative review becomes meaningless. Watch the way the law firm responds to criticism. If the criticism was dealt with in a professional and measured manner that demonstrates the lawyer was addressing the client's concern while honoring any secrecy related to client formerly engaged with the accused attorney - you are dealing with a mature attorney who exhibits professionalism. If the attorney fired back a defensive response, or did not respond at all, this may not be the attorney you want in your corner when the chips are down.

Legal directory services, such as Martindale-Hubbell, Avvo and Super Lawyers have peer reviews and ratings described therein. These evaluations at least gives you insight to some degree to reputation by lawyers in the community, as lawyers can rate other attorneys. With these, again, look for corroborating high ratings from several sources, not just solicitous reviews from just one site.

Local Legal Journals, Bar Publications

Many communities have a legal newspaper or Bar journals featuring notable case results or unfoldings in legal matters as well as notable recognitions by those engaged in law. They show lawyers who have been in charge of settlements in specific types of cases, like personal injury matters. Again, this type of information does not provide you with certainty that the lawyer would represent you effectively, it did indicate success in being engaged in serious matters and achieving good outcomes.

The Vetting Process: Preventing Fleecing

Once you get a list of attorneys, the real work begins. You are not looking for the lawyer with the best personality or best furnishings in their office. You are looking for a lawyer who exhibits the specific experience, resources and style that will meet your needs.

The Initial Consultation: Your Job Interview in Reverse

Most car accident lawyers offer free initial consultations, and this meeting serves as a job interview – except you're the one doing the interviewing. Come prepared with a list of questions and take notes on the responses. This isn't just about whether the lawyer thinks you have a case; it's about determining whether this person is someone you want representing your interests for the next several months or years.

Arrive with your documentation in order. Have ready copies of the police report, your medical records, pictures from the accident scene, any communications from the various insurance companies, and any other pertinent materials. If you have obtained the materials professionally, they should also be presented in a business like fashion. An attorney who is diligent in reviewing your documents carefully and asking you thorough questions about the specifics demonstrates the same attention your case would receive if you were to hire them.

Experience in Car Crash Cases: Depth vs. Breadth

Personal injury law is broad ranging from slip-and-fall cases, to professional malpractice cases, to product liability cases. A personal injury attorney may have experience in the area; however, you want to know or have an attorney that focuses specifically on motor vehicle accidents. Those attorneys will understand the special challenges of a car accident case, including dealing with an auto policy, working with accident reconstruction professionals, and knowing the medical impact of common injuries from a car crash.

Ask questions that spark responses about their experience: In the past two years, how many car crash cases have there been? What was the average settlement? While the attorney has had personal injury cases, have they ever had a case that went to trial, and what were the results? Don't tolerate a response about having a hundred personal injury cases; you want an example.

Track Record: Results Speak Volumes

The attorney's track record should not merely be focused on the total dollar amount recovered for clients, although that could be a good thing. Take a moment to understand the injuries that were involved in the case and the case results. Did the attorney represent a client who had similar injuries as you? Have they worked with the same insurance company that's handling your case?

Ask them what their largest settlements and verdicts are but also ask them about instances where cases didn't go the way they wanted. A lawyer who has never had a case turn out worse than they expected has had too few cases or is not being truthful with you. The best lawyers can even cite cases where they learned valuable lessons, and those experiences made them better advocates.

Resources and Support Staff: Who Works For You?

Car accident cases require significant resources, especially for serious injuries. Your lawyer must access accident reconstruction experts; medical experts for expert testimony; economists to project future lost wages; and life care planners to prognosticate the costs of ongoing medical care.

During the consultation, ask them about the resources of their formal firm. Do they have in house investigators or do they rely on outside resources? Have they dealt with cases that require expert testimony and do they have established working relationships? A solo practitioner working out of a small office may be brilliant, but they most likely will have to rely on the connections resources required to handle complicated cases.

Styles of Communication: Finding A Fit

Legal cases involve stress, uncertainty, and important choices. You need a lawyer who has the same style of communication with you as the way you want to communicate. Some clients want every update that emerges in a case. Some clients only want to be contacted when a decision needs to be made or significant things happen.

During your first meeting, listen carefully to how the attorney explains legal terms. Do they use terminology and expect you to keep up? Do they take their time with each aspect of the process, or seem rushed to focus on the next client? Are they checking their phone or answering other calls while you're telling your story?

Ask directly about how they communicate. How often will the attorney give you updates about new developments in your case? Do you mostly communicate with the attorney directly, or does your attorney's support staff handle most of your communication? Can you expect a prompt response to a phone call or email when you have questions? There is no right or wrong answer to these questions, but it is important to know what to expect.

Red Flags: Signs to Avoid

Not every attorney is right for every case, and there are attorneys who are not right for any case. Identifying the warning signs early on can save you time, money, and headaches. Here are the red flags that should send you running.

The High-Pressure Sales Pitch

Legitimate car accident attorneys do not need to pressure you to sign a contract in your first meeting. They know that hiring a lawyer is a serious decision that requires time to consider. Be careful of lawyers who pressure you to make an immediate commitment, speak poorly about another lawyer you are considering, or guarantee a specific outcome. Statements like "I can guarantee you $100,000" or "You need to sign today or you will lose your chance for a settlement" are immediate red flags. Ethical attorneys understand that they cannot guarantee specific results, and these attorneys also understand that clients need to make informed decisions and have a reasonable time to do so.

Lack of Trial Experience

Although most car accident cases will settle, your attorney needs to be prepared to take your case to trial if they deem it necessary. When an insurance company is faced with an attorney that will try their case, they settle cases for fair amounts. Attorneys who have never tried a case or communicate that they do not like to try cases have much less negotiating power during the settlement process.

In addition to instincts, ask directly if the attorney has trial experience. When was the last time they took a personal injury case to trial? What was the outcome? How many jury trials have they tried in their career? You do not need to hire Clarence Darrow, but you need to hire someone who can credibly threaten to take your case before a jury.

Unrealistic Promises and Guarantees

The outcome of any legal case is going to be based on a number of factors that an attorney cannot control. The strength of the evidence, the seriousness of your injury, the limits of coverage for the insurance, where you select to file the case, and even the personalities involved are all part of inflating the final result. Attorneys who promise specific monetary amounts, guarantee that your case will settle faster than other cases, or promise that you will never have to go to court are either inexperienced or dishonest.

A good lawyer will help you understand the range of possible outcomes, explain different factors that may help or hurt your case, and give you an honest time frame for your case.

Poor Organization and Professionalism

Pay close attention to the details during your initial meeting. Is the office organized, or do you feel wandering in and out of the space while you have limited time? Is the attorney on time and prepared for your meeting? When you start talking to the attorney, do they know information about the case, or does it seem like they are learning about the case for the first time?

It is very easy to overlook these details, but these small indicators may be red flags for bigger issues with the attorney's case management and attention to detail at the beginning of your case. Car accident cases are often complicated and have various deadlines, document requirements, and negotiations. If your attorney cannot keep track of their own schedule or basic information about your case, then they will not be able to manage your claim effectively.

Too Much Time on Fee Arrangement Discussions or Fee Focused

Fee arrangements are obviously an important part of this process and should be discussed clearly, but you may want to be mindful of any attorney that spends the bulk of your initial consultation discussing fees or full advocacy on the facts of your legal issue. The initial meeting should be primarily about the details of your accident, your injuries, and your future legal strategy for pursuing compensation. Fee arrangement discussions are certainly important, but they should not dominate your initial conversation.

Negative Reviews on the Internet With Patterns

A limited number of negative reviews online are not necessarily a disqualifier - every provider of professional services will have some clients who are unhappy with their experience. However, seeing patterns in negative reviews should raise concerns. If multiple clients are commenting on the provider's communication, unsatisfactory billing practices, and/or abandoning their case, then there are systemic issues with the firm's practices.

You will want to choose attorneys that you can trust, so specifically look for reviews that raise ethical concerns about the attorney. For example, attorneys who take weeks to return communication with a client, attorneys who make significant case decisions without consulting their client, and attorneys who charge fees without proper disclosures upfront, are indicators of serious issues regarding professionalism and ethics.

What Are the Fee Structures: How Much Is This Going to Cost Me?

Legal fees can add to the stress of car accident victims who are dealing with medical bills and lost time at work. Understanding how car accident attorneys typically get paid for their services can help in making informed decisions about how to proceed with an attorney, and in avoiding bad surprises.

Contingency Fee: Aligning Interests

Many car accident attorneys are paid through a "contingency fee" meaning they are only compensated (paid) when they recover funds for you. If the attorney is not able to recover funds or settle the case, you do not owe the attorney anything for his or her time. Conversely, if the attorney is able to recover funds for you, the attorney will be paid through an agreed to percentage of the recovery amount.

The concept of a contingency fee arrangement supports the attorney and client interest, as the attorney is incentivized to obtain the maximum recovery for the client, the faster he or she is able to recover funds, the faster he or she is compensated. It makes legal representation available to individuals who might not have the financial means to retain an attorney and pay hourly fees before work begins.

With car accident cases, the contingency fee is typically between 33% and 40% of the total recovery. The percentage is usually calculated based on complexity and whether or not a case settles before going to trial. Some attorneys charge a lower contingency fee system or percentage (typically 33%), when an individual can settle the case during negotiation, and some attorneys charge a higher percentage (typically 40%) when a case requires legal action and goes to trial.

So make sure you are understanding what is increasing the contingency fee system and when. Are you increasing the fee as soon as a lawsuit is filed? Are you increasing the fee when the case actually goes to trial? What happens if the case settles after the lawsuit was filed and before going to trial? These expectations should be clear and noted in the fee agreement with the attorney you are seeking to hire as an attorney.

There Are Hidden Costs That You Need to Be Aware of When Representing Your Case

Even as a contingent fee attorney, there are still cases costs that come with having car accident cases, and someone has to cover those costs eventually. The case expenses can be numerous: court filing fees, medical records fees, expert witnesses fees, accident reconstruction costs, deposition costs, and court reporter fees to name a few.

Some attorneys will advance these costs, and will reimburse from any eventual settlement or verdict, and after they calculate their contingency fee. Other attorneys stipulate that the cases costs will be your responsibility throughout the course of the case and regardless of the ultimate case results. Some attorneys employ a hybrid model as well- they advance costs, but the expectation is that the client will ultimately be responsible for the costs if the case is lost.

It is important that you fully understand the payment of costs, because costs can be expensive, particularly if there are complex issues. A layered case with several expert witness could generate between $10,000 and $15,000 in costs instantly, and without understanding who will be responsible and when payment is required, you could get surprised.

Read the Fine Print

The fee payment agreement is a contract that governs the attorney-client relationship. Read carefully and ask questions if anything is unclear. More specifically:

• Know the exact contingency percentage and when it may increase
• How the costs will be paid, and the client is ultimately responsible for costs - know how that works
• Know how to end the attorney relationship if you wish to terminate
• If there is more than one tortfeasor and you recover from multiple locations, understand how the attorney fee is calculated

The Order of Operations Matters

If you recover $100,000 in a settlement, the attorney fee is calculated differently based on the order of operations. In a traditional method, the $33,000 attorney fee is taken out of the total amount first, and then any costs/expenses are withheld from the remaining amount. This leaves you with $62,000. If cost/expenses are removed first, the attorney fee ($31,350. = 33%) is calculated based on $95,000. Its not a huge difference, but if your expenses are $25,000, the difference may start to mean something considering the size of the case.

The Consultation Process: Making the Most of Your First Meeting

The initial consultation with a potential car accident attorney is your opportunity to evaluate whether this lawyer is right for your case. It's also the attorney's chance to assess your claim and determine whether they want to take it on. Approaching this meeting strategically can help ensure you get the information you need to make an informed decision.

Preparation: Organizing Your Case Materials

Arrive at your consultation organized and prepared. Create a chronological timeline of events starting from the day of the accident through your current situation. Include dates of medical appointments, conversations with insurance companies, work absences, and any other relevant events.

Bring copies (not originals) of all relevant documents. This includes the police report, medical records and bills, photographs from the accident scene, correspondence from insurance companies, vehicle repair estimates, and documentation of lost wages. If you haven't been able to obtain some of these documents yet (for example, if the police report isn't ready), make note of what's missing and when you expect to have it.

Create a summary of your injuries and how they've affected your daily life. Include not just the obvious physical injuries, but also emotional impacts, limitations on your activities, and ways the accident has changed your routine. The attorney needs to understand the full scope of how this accident has affected you.

Questions to Ask: Getting the Information You Need

Come to your consultation with a written list of questions. Taking notes during the meeting will help you compare different attorneys later. Here are essential questions to include:

• What is your assessment of my case's strengths and weaknesses?
• How many car accident cases like mine have you handled?
• What kind of monetary value do you think my case might have and how did you come up with that amount?
• How long do you think it will take for my case?
• What is your method of contact and how often do you communicate with clients?
• What percentage do you work on a contingency fee, and is there any time this would change?
• How are expenses incurred during the case handled?
• Are you the attorney that would be specifically representing me in this case, or would any other attorneys or staff members be part of the representation?
• Could you provide any client references that you represented in similar cases?

Evaluating the Substance and Learning from the Attorney's Responses: What to Listen For in the Attorney

Be aware of not only what the attorney says but how they say it. Do they take time to review the document carefully, or do they skim over it? Do they ask probing questions about details, or do they seem satisfied with surface answers? An attorney that cares and is a good attorney will identify both strengths and challenges to the case. The attorney should be able to be able to articulate their reasons with cases they previously handled. Then, if an attorney indicates they see no weaknesses in your case or may not articulate the challenges you may face, this will be an indicator of perhaps you should look elsewhere.

The attorney should be able to explain the legal process in terms that a layperson can understand. If they utilize legal jargon on a number of occasions or they seem impatient when you ask for clarification, think about whether the attorney's method of communication will work for you throughout the process of a case that may take many months.

Listen to Your Gut: Intangible Factors

In addition to the technical qualifications and experience, think about your gut instincts about the attorney. Do they seem genuinely interested in your situation, or do you feel like a cog in a process? Do they convey empathy for what you have gone through, or do they seem more concerned with the business aspects of your case?

Ask yourself if you felt comfortable that this person would be advocating for your best interests. You may be discussing personal medical history, financial stress, and rely on their judgment to make important decision. The attorney-client relationship requires trust and respect for one another.

The Follow-Up: Keeping the Ball Rolling

After a consultation, pay attention to how the attorney follows up. Did they provide the additional information they said they would? If you had follow-up questions, did they return your phone calls in a timely manner? A lot of how they initially interact with you will give you a sense of how they will engage with you regarding your case- if you hire them.

Don't feel pressured to have an immediate decision. It is perfectly fine to tell the attorney that you want to think about it, or talk to other attorneys before making a decision. An established or seasoned attorney will respect your right to make an informed decision.

Special Circumstances: When the Typical Route Does Not Apply

Not every car accident case follows the "typical" route of negotiating with an insurance company and reaching a settlement. Some circumstances require specialized knowledge, resources, or a different strategic plan. Being aware of these specific conditions will assist you in determining when you need an attorney that has specialty experience, and when a routine personal injury attorney will be insufficient.

Commercial Vehicle Accidents: Added Damage and Complicated Rules

Accidents involving a commercial vehicle, generally a truck, delivery or service vehicle, or any vehicle utilized for commercial purposes, often times has a different, added potential for complex legal mechanics. Commercial vehicles usually have larger commercial insurance policies when compared to a typical passenger vehicle, and they are subject to additional federal and state rules that do not apply to a regular passenger vehicle.

Further, commercial drivers must observe rules and regulations generally with hours of service, drivers must maintain an accurate and detailed driver log, must follow certain licensing, and the commercial vehicles must follow even more advanced vehicle inspection and maintenance schedules. These additional regulations create additional levels of fault or potential liability if a commercial driver, or a trucking company, did not follow the standard commercial rules or regulations.

Your attorney will need to have a working knowledge of these additional policies and regulations. In short, this means your attorney will need to know how to investigate for breaks or violations in the regulations. This might mean reviewing a driver's log for the hours of service in the days leading up to the day of the incident, reviewing a vehicle's maintenance history or inspecting the maintenance records kept at the trucking company, checking the status of a commercial driver's license, and possibly reviewing the company's safety and history of violations and inspections.

Generally, commercial vehicle accidents will involve more than one potentially liable party. In addition to the driver, possible claims could be made against the trucking company, the company that loaded the cargo, the manufacturer of the vehicle, or maintenance from company. A well-experienced attorney who has handled commercial accidents can typically assist you in navigating claims against one or more defendants without adding too much burden to your recovery.

Under-insured or Un-insured Motorist Claims: When the At-Fault Driver Is Unable to Recover Damages They Owe

Not everyone has sufficient insurance coverage, and some people drive without any insurance at all. If you are injured by an underinsured or uninsured driver, your options for recovery become complex, but not entirely hopeless. This is exactly where your own auto insurance policy is critically important.

Most policies have some kind of uninsured motorist (UM) coverage, which pays for your injuries when you are hit by someone who does not have any insurance at all. Underinsured motorist (UIM) coverage applies when the driver who caused the accident has insurance, but not enough to fairly compensate you for your injuries.

However, pursuing UM/UIM claims often feels like you are pursuing a claim against your own insurer, because in a way, you are, indeed, pursuing against your own insurance company. The insurer will conduct investigations, review your injuries, and evaluate your claim as skeptically as they would if you were pursuing a claim against them. You want an attorney that knows UM/UIM law and is willing to submit to the scrutiny of the insurance company for the unreasonably high premiums you pay them for coverage under UM/UIM coverage, even when you are technically pursuing your own insurer.

Hit-and-Run Accidents: The Untraceable Defendant

Hit-and-run collisions are a separate complication because there is no one to pursue because you don't know who the defendant is. Even so, there are recovering options available to you through your own insurance coverage. Most auto insurance policies allow UM coverage for hit-and-run circumstances. The insurance company will require you to notify the police and submit to a police investigation, but they cannot deny coverage simply because the other driver went untraced.

Your lawyer can make sure the police do a thorough investigation and, if needed, work with private investigators to try to identify the hit-and-run driver. Even if the driver cannot be identified, your recovery can still be significantly improved if you have a lawyer negotiating your uninsured motorist claim on your behalf.

Multi-Vehicle Accidents: Navigating Shared Fault

Multi-vehicle accidents often have complicated fault and shared liability issues. When three or more vehicles are involved in an accident, there may be multiple parties at fault, with their own insurances companies and their own lawyers all trying to find blame elsewhere. These types of cases with potentially shared fault require attorneys who understand comparative fault law and can coordinate with multiple insurance companies and attorneys.

The investigation in a multi-vehicle accident becomes more complex and may require an accident reconstructionist and multiple witness interviews to determine exactly what happened and to protect your interests, all while maintaining courtesy and cordiality with other parties, some of whom may be a potential ally in finding fault with the accident as clearly someone else's fault and some parties may be trying to scapegoat you for their client's negligence.

Government Vehicle Accidents: Special Rules and Immunities

If your accident involves a government vehicle, police car, fire truck, municipal bus, postal vehicle, or other government owned vehicle, there may be special rules, procedures and investigation. Governing entities often have protective sovereign immunity which may limit their liability, and governmental agencies often have shorter deadlines for claims and special procedural requirements when preparing claims against the governmental agency.

Your attorney should be familiar with the various government liability laws in your jurisdiction. Your attorney will know how to give notice to government agencies regarding your claim, advise you of any special procedural requirements that may exist, and understand the limited circumstances under which government entities will be held liable for accidents.

Developing Your Case: The Investigation and Documentation Phase

After an attorney is engaged, the significant work of developing your case begins. This phase is often unseen by clients, but it is a critical phase where the cases can be won and lost. Knowing what your attorney should be doing during this phase can help you remain engaged and able to contribute meaningfully to your case.

The Paper Trail: Collection and Organization of Evidence

Your attorney's staff will immediately start gathering relevant evidence to support your claim, and this process will begin with the acquisition of the complete police report and supplemental police reports filed following the initial report of the injury or accident. They will reach out to the investigating police officer to determine if any details worthy of being noted were not included in the written report.

The obtaining of medical records will become important evidence to support your case. However, getting all the records together will often take some work and leg work. Your attorney will request records from not only whichever hospital or ER that you initially sought treatment, but they will also request records from your PCP, both any specialist that you've seen, including physical therapists and whatever other provider that you have seen for the treatment of these conditions.

Your attorney will ask for any records concerning pre-existing medical conditions so the insurance company may not argue that some of your current problems existed prior to the accident. If any evidence of significance may not be provided voluntarily by a person or entity, then the process of subpoenaing begins. This can include items like traffic camera footage from a municipal traffic camera system, security camera footage from a nearby business, cell phone records in the event that distraction is anticipated as a contributing factor in a crash, or employment records if you're claiming loss of wages.

Expert Witnesses: Building Credibility

Depending on the facts and details of your accident, your attorney might need to engage and retain expert witnesses to opine concerning different aspects of your case.

Accident reconstruction experts typically review skid marks, vehicle damage, road conditions, and other physical furnishings or evidence to create a scientific explanation in regard to how the accident or collision happened. This expert witness usually renders opinions on a vehicle's impact speed, point of the vehicle's impact, and a driver's actions moments leading up to the crash event.

Medical experts are likely to be involved to explain and connect the severity of your injuries to the actual accident and describe the likely future consequences consider the injuries. This is significant with soft tissue injuries, like whiplash; whiplash is a common injury that will not appear on an X-ray, yet can result in long term problems.

Economic experts usually calculate lost wages and earning capacity in the future; this is particularly helpful when serious injuries are involved where the injured person's ability to work will be affected. Economic experts take into consideration not only current salary, but potential increases in additional earnings, salary trajectories, promotions, and opportunities stemming from the original injury.

Witness Interviews: Obtaining the Human Component

The investigator from the attorney's office will carry out formal interviews with those witnesses who were identified at the scene, as well as any new witnesses encountered during the investigation. The formal interviews are significantly more elaborate than any brief statements the witnesses may have given at the scene to the police officer. The interviews for witnesses will likely be recorded and possibly sworn to, depending on the unique circumstances of the case.

In the structured interviews, the investigator will be asking us to detail what the witness saw, heard, and remembered. The investigator will also try to capture information that may not have seemed important at the time but could end up being additional evidence of fault.

Surveillance and Day-in-the-Life Videography

For serious injuries, the attorney may suggest the use of "day-in-the-life" videography to demonstrate if and how the accident impacted or changed your day-to-day activities. Day-in-the-life videography can take many forms and may involve the services of a professional videographer. Examples include filming visitations of you struggling to complete basic tasks, recording any family members' interviews discussing changes in your life after the accident, or recording and fully documenting your pain levels and limitations in a journal.

This documentation serves two purposes, it can provide persuasive evidence when negotiating with the insurance company for a settlement, and it may also provide guidance for trial preparation, if necessary. Juries are far more responsive to "real" visual evidence, as opposed to abstract medical "testimony" regarding a diagnosis or treatment method and/or recurrence of injury.

Negotiation: The Process of Settlement

Most cases regarding car accidents invariably, eventually, settle out-of-court by means of negotiation, however successful settling is much more complicated than simply asking for money and depending on the insurance company's answer. Settlement of your case is a process, it will take research and preparation, timing, and all execution are key to any negotiation.

The Demand Packet: How to Tell Your Story Persuasively

The settlement typically begins with your attorney writing and sending a document that's conspicuous and clear, the demand packet, to the insurance company you are anticipating will pay the settlement you are seeking. The demand packet is not merely a letter you are privy to stating a sum of money you are requesting from the insurance company. Rather, the demand packet is the entire sum of evidence that is only persuasive to convey your case, be persuasive and involves concrete evidence to support your claim.

A persuasive demand packet is thorough and it gives a narrative about the accident told from your perspective accompanied by police reports, witness statements, or other evidence, like photographs, or videos. It explains the other driver's negligence and why they should be held responsible for your injuries.

The medical section of the demand package includes complete medical records, bills, and expert medical opinions explaining your injuries, treatment, and prognosis. For serious injuries, this might include day-in-the-life materials that show how your injuries have affected your ability to work, care for your family, and enjoy life.

In the economic damages section of your demand, an itemization will provide a summary of your lost income and expenses for medical care, property damage, and expenses incurred as a direct result of the accident. If the injuries are permanent, it may also include a calculator used by experts for future medical expenses and a more logical counterproposal would demonstrate they are acknowledging liability and your injuries but disagree regarding the value of your claim.

In evaluating the counterproposal, your lawyer will evaluate the insurance company's argument as well as the amount in dollar terms of the counteroffer. Are they contesting liability, or once again, acknowledging their insured was at fault? Are they disputing whether you had medical treatment, or are acknowledging injuries but disputing its severity? Those distinctions drive a response strategy.

The Negotiation Dance: Multiple Offers and Counteroffers

Its common for settlement negotiations to include multiple offers and counteroffers, with each party moving toward some middle ground. Your attorney's job is to attempt to keep moving that middle ground toward your original demand. It takes both patience and strategy. Sometimes it's warranted to make significant movement to show to the insurance company you are willing to work with them and take a stance of good faith, and to encourage them to do the same. Other times, you may just want to eat away at the amount just enough to signal the insurance company that you are getting down to your bottom line and they have to work to move towards you further in terms of its offer.

Your attorney should reasonably inform you on your position and they should expect your advice on recommendations as to each significant decision. Your attorney can make recommendations based upon his or her experience and knowledge of similar cases, but the ultimate decision to accept the insurance company's offer would you the client.

Mediation: Structured Settlement Conference

If direct discussions are stalled between the parties, your lawyer may recommend that the case go through mediation. This is a "structured settlement conference" that is run by a neutral third party (usually a retired judge or an experienced attorney) who is assisting the parties to reach an agreement in their case.

Mediation is non-binding, which means either party can leave if the proposed resolution is not acceptable. Still, mediation allows each party to present their case to the neutral party and facilitates a dialogue regarding a possible compromise. Mediation has resulted in many cases that the parties have struggled to resolve in direct negotiations ending in agreement. The structured mediation process and dialogue with a neutral facilitator has often opened both parties up to options to resolve their case that weren't visible when negotiating directly.

Going to Trial: When a Case Can't Be Resolved by Settlement

Most car accident cases will settle without requiring a trial. However, some cases are required to go to trial. Understanding the trial process will inform your decisions regarding the settlement offers and will also prepare you for future trial proceedings if necessary.

Deciding Whether to Go to Trial: Considerations

The decision to reject a settlement offer and decide to go to trial should revolve around a careful weighing of many things. Your attorney should consider the strength of your case, the likelihood that you with receive what you would ultimately settle for based on a jury verdict, what will the damages be that a jury may go below or above what you are willing to settle, as well as the costs and time associated with pursuing litigation.

Sometimes it's an easy decision. When the insurance company is offering $50,000 for a case that is clearly worth $200,000, or has significant liability and injuries, it may be clear you should go to trial. At other times, it may be more difficult to decide, especially when the settlement offer is reasonable, but you believe that the jury would award you more.

You and your attorney should have a reasonable idea of your chances at trial and would help explain both the benefits and risks of litigation. Your attorney should explain the time and added stress of trial as part of the litigation process.

Jury Selection: The Right People

If your case goes to trial, the case starts with jury selection. During this process the plaintiff's attorney and the defense attorney will question jurors to find the right jurors who might be biased for or against the plaintiff's case. The jury selection, or voir dire, is so important because the jury can drastically affect the outcome in your case.

Your attorney would look for jurors who seem like they would be sympathetic to an injury victim, who understand that serious injuries can happen from an accident even when the vehicle damage looks minimal, and who will not have any bias against you based on your background, the type of accident, or amount of damages you are requesting.

The defense attorney will be looking for a juror who might be cynical of injury claims, who might believe people exaggerate their injuries for money, or a juror who might not believe in awarding a lot of damages against insurance.

Presenting Your Case: The Art of Advocacy

When you present your case at trial, the attorney telling your story is trying to assist the jury in understanding: 1) what happened; 2) why the other driver is at fault; and 3) how the accident has affected your life. Presenting your case involves the attorney calling witnesses, presenting evidence, and making arguments for the jury to consider.

Presenting your case will usually begin with your attorney delivering their opening statement, and it is their opportunity to provide the jury with an overview of your case and tell the jurors what they can expect to hear during the trial. Following the opening statement, witnesses will be provided to evidence your case. Witness testimony, documents, photographs, and other demonstrative exhibits will be provided to evidence in support of your case.

You will likely testify yourself about how the accident occurred, your injuries sustained as a result of the accident, and how the accident and injuries have affected your life. Medical witnesses will be able to explain your injuries and treatment you have undergone for your injuries. Expert witnesses may be called to testify about the genesis of the accident or economic damages sustained as a result of your injured.

The Defense Case: How to Anticipate a Defense and Refute It

After you present your case, the defense presents its side of the story. The defense may contend that their insured driver is not to blame, your injuries or injuries are not as bad as are claimed, your injuries were the result of something other than the accident, or that you are simply seeking too much money.

Your attorney will anticipate these arguments and will have prepared responses to address them. The attorney will also call rebuttal witnesses to refute or diminish points the defense has presented. They may also recall witnesses to explain points the defense has challenged. Ultimately, the attorney wants the jury to hear a complete and accurate tale regarding your case.

Jury Deliberations and Verdict: The Final Say

After both sides share their entire case and make their closing arguments, the trial judge instructs the jurors on the applicable law. The jurors will then go into a private space to discuss and reach a verdict. The time it takes a jury to deliberate, and ultimately reach a verdict, can range from a few hours to several days. Deliberation time can depend on various factors, including the parties and the issues to be decided by the jury as part of their deliberation.

The jurors will determine whether the defendant was negligent, whether the negligence caused the sustained injuries, and finally what damages should be awarded. If the jury finds in your favor, they will award damages for the losses you sustained as a result of the defendant's conduct, which typically includes medical expenses, lost wages, and pain and suffering damages. If the jury finds against you, you may recover nothing, and could possibly even be responsible for paying a portion of the defendant's legal fees as well.

Post-Trial Motions and Appeals: The Process Continues

Even if the jury verdict has been delivered, this may not be the end of your case or your case's legal journey. A party can seek or file post-trial motions to seek relief from the judge, meaning find an alternative result on the basis of the jury decision, to the cases on hand. These motions would seek, for example, to change the verdict, or to request the judge to order the jury's verdict be set aside and a new trial ordered.

When post-trial motions are filed and/or refused, either side to the case may eventually pursue the option of filing an appeal of the jury verdict and decision. Appeals would be based on whether a legal error occurred during the course of the trial, not the specific disagreements you may have based on the jury's factual determinations.

The appeals process can take months or even years, and again creates uncertainty to the ultimate resolution of your case and whether you may be entitled to any recovery through the court process. Your lawyer will provide guidance in explaining the likelihood of post-trial motions and the appeals process, and how it may or could influence your case. In some circumstances, it may be prudent to accept a settlement even following a favorable jury verdict, so that you can avoid the uncertainty and delay of the appeals process.

Moving Forward: Life After Your Case Resolves

Whether your case is settled or taken to trial, a legal resolution is simply one aspect of the recovery process. Knowing what happens after your case is resolved should help you prepare for the next chapter of your life.

Settlement Logistics: Receiving Your Money

If your case is settled, the actual act of receiving your settlement check includes several steps. The insurance company typically sends the settlement check directly to your lawyer, who will deposit the check into a special trust account. The attorney will deduct their contingency fee and any case costs, then send you the balance of funds. This process typically takes a couple of weeks from the date that the settlement agreement is signed.

Your attorney should provide you with a detailed accounting that summarizes the total settlement amount, total attorney fee, total case expenses, and then your final recovery amount.

Tax Issues: Understanding the Rules

The majority of personal injury cases are not taxable as income under federal tax rules. Any money you receive as compensation for medical bills, pain and suffering, or property damage typically does not have to be reported as income on your tax return.

However, there are exceptions to this rule. Any money you receive for lost wages may count as taxable income. It should also be noted that interest that may accrue on the settlement funds is typically subject to taxation. It is also generally true that punitive damages awarded in the settlement may be taxable.

Your lawyer should be able to give general advice on the tax implications of your settlement, but you may wish to speak to a tax advisor, especially in the case of larger settlements or more difficult situations.

Planning for Your Settlement by Using It Wisely for the Long-Term

A large settlement can provide peace of mind and financial security; it can also produce issues. If you've received a large settlement in a lump sum, it's important to think about how to make that money last, as well as how to protect that money for the duration of your needs.

You might want to seek the help of a financial advisor about investment options that can help your settlement funds grow over time. You should ensure you have allocated funds for any ongoing medical expenses associated with your injuries. If your settlement is very large, you may want to consider a structured settlement so you receive payments over time instead of in a lump sum. A structured settlement could mean steady income and offer more tax advantages in some cases.

Ongoing Medical Care: Managing Your Recovery

You may have completed your legal case, but your medical recovery may last for many months or years. You should make sure you know what needs you are going to have for ongoing medical care and how you are going to pay for it. If your settlement includes money for future medical expenses, think about whether your current health insurance will cover your needs in connection to a medical need.

You might need to buy different insurance or set aside some money for medical expenses that are not covered by your insurance. Stick with your medical providers and adhere to their advice for follow-up care. Your legal case may be settled, but it does not mean you have to ignore ongoing medical problems resulting from your accident.

Don't Hard for Good

The time frame that follows a car accident can be transformative, and sometimes in unexpected ways. The process of working through the legal system, dealing with serious injuries, and fighting for a just and equitable compensation can reshuffle one's priorities in life, relationships, and what really matters.

Some folks conclude that they become more cautious drivers, more appreciative for their health, or just more cognizant of how life can change in an instant. Others find resiliency they never knew existed, or new priorities based on personal experiences.

Use the closure of your legal case as a space for contemplation about what you experienced and what you would like to do next. Ask yourself if there are things you want to change in your life, relationships you would like to enhance, or goals that you wish to reconsider.

Conclusion

The journey from the initial shock of a car accident, to the eventual closure of your legal case is a long and often exhausting journey; but it is also a journey that can lead to justice, a just and equitable resolution, and rebuilding your life - as good or better than before, with the right legal representation, ample preparation, and open and honest expectations.

Remember, finding the right car accident lawyer near you is more than just the convenience of geographic proximity. You are looking for a competent, experienced, resourced, and committed attorney, who will fight on your behalf and make the process for you, one of the most difficult events in your life, as manageable and uncomplicated as possible.

Take your time to find the right attorney for you, ask the necessary questions, think hard about the answers, and be guided by your instinct. Your future recovery - legally and personally - depends on the choices you make in these important and fundamental early stages.