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An accident attorney, also known as a personal injury attorney, helps those who have been injured due to the negligence of another. They handle various types of accidents and conduct investigations, potentially hiring expert witnesses. They have two years to file a personal injury complaint and may negotiate with the negligent party’s insurance company before filing a legal complaint. The case may be resolved through negotiations or go to trial, where both sides plead their case. The attorney works on a contingency basis, receiving a percentage of recovered funds.
An accident attorney assists people who have been physically injured as a result of the negligent actions of another. This type of attorney can also be referred to as a personal injury attorney. While they may specialize in a particular type of accident, attorneys in this area will handle accident cases involving automobiles, motorcycles, trucks, commercial vehicles, boats, aviation, industrial construction sites, and construction sites, just to name a few.
The attorney will attempt to meet with an injured party as soon as possible after the accident. At this stage he will also conduct a preliminary investigation, which includes reading the official police report of the incident, as well as any witness statements. After gathering this information and speaking with the injured party, the accident attorney will determine if the situation creates a viable claim.
Once the accident attorney has agreed to take up one party’s case, they will begin a more thorough investigation. The incident report is examined more closely and all police witnesses are re-examined by the lawyer. A series of questions is also prepared to be forwarded to the negligent party with a request for a written response. The accident attorney may also bring in key witnesses at this time to be questioned about the record in a deposition.
During this investigation phase, the accident attorney may hire an expert witness to strengthen his case. If the accident is particularly serious, he can hire an accident reconstruction expert. This expert will investigate the incident on site. In a reconstruction of an automobile accident, the expert will travel to the scene of the accident and take measurements of the skid marks. With this type of data and witness statements, the expert will retrace the accident and try to determine its root cause.
In most parts of the United States, an accident attorney has two years to file a personal injury complaint with the court on behalf of his client. He will use this time to complete his investigation and attempt negotiations with the negligent party’s insurance company. The attorney and insurance adjuster will discuss the extent of your client’s injuries and the likelihood of a recovery should the matter go to court. Most cases are resolved between the lawyer and the claims adjuster without the need for a trial.
If the negotiations are unsuccessful, the accident lawyer will file a legal complaint with the relevant court. The complaint is typically filed in state court, however if the parties legally reside in two or more states, the case may be filed in federal court. At this point, the parties become plaintiff and defendant, and the accident attorney is the plaintiff’s attorney.
Before the actual trial day, many issues involved in the case are resolved using documents known as motions. For example, the accident attorney may file a motion stating that the defendant has no defense, and therefore judgment should be granted without trial. He can also file a motion asking the court to limit the type of evidence presented at trial.
On the day of the trial, both sides have the opportunity to plead their case. Eyewitnesses testify to what they observed. Expert witnesses testify about the cause of the accident or the extent of the plaintiff’s medical injuries. The case is then turned over to a judge or jury for final determination.
When an accident attorney takes on a case, they take it on a contingency basis. This means that you are entitled to a percentage of the funds that are recovered through negotiations or processes. If there is no recovery, the accident attorney receives nothing for her efforts.
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