What Should I Discuss With My Car Accident Lawyer?

June 28, 2021

When a person is involved in a car accident that is not their fault, it may be the first time they have ever had to hire a lawyer and use a lawyer to file a legal claim. Legalese and legal procedures can be daunting. Therefore, it helps to be prepared to both hire and work with a lawyer who has the victim’s best interests in mind.

When speaking to a lawyer, a client should have an open and frank discussion with them. This initial discussion can ensure that both parties understand expectations, needs, the process and timelines, and every other aspect of the legal process.

The following are important discussion points that will help the accident victim feel more comfortable and confident about their case.

Documentation and Evidence

While a lawyer will collect evidence after the accident, a plaintiff can help by procuring as much of the following as possible:

Photographs and videos from the accident scene, such as vehicle damage, location, road and weather conditions, and strewn parts.
Personal account and timeline of what happened in the accident.
Witness statements and their contact information.
Police reports, diagrams, and photographs. Always summon police after an accident, no matter how seemingly minor.
Medical records, including diagnoses, visit summaries, injury photographs, and receipts of anything related to medical care after the accident, such as hospital stays, surgeries, therapy, rehabilitation, and prescriptions/medical equipment.
Pay stubs and wage/lost wage information. Accident victims may need to take time off work or use vacation and sick days. The lawyer will need employment information to help calculate damages.
Insurance information from all parties involved. Also, bring insurance reports and estimates regarding vehicle damage.
List of other damaged property and their values, such as items lost in the wrecked vehicle.

Process

The legal process after a car accident is complex and involves collecting evidence, negotiating with insurers, and possible litigation. Therefore, accident victims should fully understand how the lawyer plans to represent them, what strategies they will use, and the significant steps in the process.

Damages

One of the most critical responsibilities of a lawyer is to calculate the damages that will be sought in a personal injury claim. The lawyer will analyze current and future medical costs, property damage, lost wages, reduced earning capacity, and pain and suffering to arrive at a fair and just compensation amount.

Settlement

As part of the discussion on strategy, the plaintiff should understand the differences between settling with an insurance company and bringing the claim to court. They should rely on their lawyer to advise the best route to take and how the lawyer plans to proceed with negotiation or litigation.

Timeline

It is easy for an accident victim facing medical bills to feel exasperated and desperate for compensation. Having an honest discussion with their lawyer about how long the process may take can help ease stress and frustration. In addition, the lawyer should always provide deadlines for each major step in the process so that important dates are not missed.

What Questions Should I Ask a Car Accident Lawyer?

After a car accident, it is vital to speak to a personal injury lawyer quickly. The reasons for this include:

Preservation of evidence.
Witness statements more attainable.
Fresh recollection of events.
Statute of limitations.
Ample time to complete the negotiation and litigation process.

The only way to really know if a lawyer will be the right fit is to ask the right probing questions. Disregard any lawyer who will not answer important questions. The accident victim needs to be comfortable with and trusting of the lawyer they choose.

While it is essential to move quickly, it is equally important to ensure the best representation for the specific type of claim. The following are some critical questions to ask:

Is the consultation free? Most lawyers will offer no-cost consultations to start. These consultations give both the lawyer and the plaintiff an understanding of whether they will be a good fit for each other.
What are the fees and costs? Most personal injury lawyers work on a contingency basis. That means they get paid only if the plaintiff wins their case and receives compensation for damages. They will take a previously stated percentage of the award for payment, usually 25 to 30 percent. However, some lawyers work at an hourly rate or for a flat fee. Be clear on how the lawyer will get paid and the costs if they lose the case.
What is their communication style? For example, some lawyers schedule regular updates, while others find it better to communicate on an as-needed basis. A plaintiff should state their expectations and preferences for communication during the interviews. They should also be clear on whether updates will come from the lawyer, paralegal, or an administrative employee.
What is their experience with this type of claim? Ideally, a lawyer should have great expertise in winning similar cases, especially those tried in court. Also, ask about their track record of negotiating fair and just settlements with insurance companies.
How much time will be devoted to the case? Every plaintiff wants to feel as if everything possible is being done for them. Get a feel for how the lawyer will prioritize the case and how much time they will spend on it.

Wilmington Personal Injury Lawyers at Jacobs & Crumplar, P.A. Advocate for Car Accident Victims

After a car accident, a victim should focus on healing and not on the stress of dealing with insurers and negligent parties. Having a trusted and experienced legal advocate by your side can be comforting. The Wilmington personal injury lawyers at Jacobs & Crumplar, P.A. understand what accident victims are going through. To learn more about your case and to schedule a free consultation, call us at 302-656-5445 or contact us online. We have offices located in Wilmington and Millsboro, Delaware, and we serve clients throughout Dover, New Castle County, and Sussex County.