Do I Need an Attorney to Handle My Insurance Company?
Being involved in even a relatively minor car accident can be a frightening and painful experience that leaves many people unsure of what to do next.
Although whether you need an attorney after this type of accident depends on the specific circumstances of your case, including how severe your injuries were and who was at fault for the collision, these are not the only considerations that should go into a decision about whether to hire an attorney after your car accident.
To learn more about how an experienced car accident attorney could help you in seeking compensation for your own accident-related losses from your insurance company, please contact our legal team today.
Severe Injuries
While there is no exact formula that a person can apply when determining whether or not to retain a lawyer after an accident, there are a few factors that can help when making this decision, one of which is the severity of the victim’s injuries.
Generally, if you were the occupant of a vehicle that was involved in a crash and were injured, you should seek the advice of an attorney in regards to filing a claim against the at-fault party. This is especially true in cases where injuries are particularly serious, result in permanent disability, disfigurement or death, or require a person to miss a significant amount of work or school.
However, just because you or a loved one were not injured in an accident does not automatically mean that you do not need legal representation, as the facts and circumstances of no two car accidents are exactly the same. The severity of the car accident and the degree of the other party’s fault also play a role in making this determination.
Determining Fault
Complicated collisions that involve multiple parties usually require the assistance of a legal representative, as determining fault when a number of individuals or entities are involved in a case is notoriously difficult. South Carolina is a comparative negligence state, which means that injured parties are not barred from recovery even if they contributed to their accident in some way.
The amount that an accident victim can expect to receive, however, will be reduced by his or her degree of fault, making a determination of who was primarily at fault for an accident extremely important. In fact, if an accident victim is found to be more than 50 percent at fault for a collision, he or she will be unable to recover damages. Hiring an experienced attorney for car accident can play a crucial role in ensuring that you are not unfairly blamed for an accident that was not your fault.
Bad Faith
Many insurers use great care when reviewing and assessing claims and make sure that any settlement offers made to accident victims are fair. Unfortunately, it is also not uncommon for insurers to try and get out of paying a claim by delaying negotiations, failing to properly investigate a case, failing to communicate with the parties involved, and issuing denials in violation of a person’s policy.
These types of actions can have devastating consequences for accident victims, so it is critical for these individuals to speak with an attorney as soon as possible after an accident if they believe that their insurer is acting in bad faith. An insurer involving its own attorney is also a good indicator that you should hire a lawyer who will act as your own legal representative during any negotiations.
Negotiations and Deadlines
Negotiating an insurance claim or settlement can be a complicated process, especially when multiple parties or insurers are involved. In these cases, an experienced attorney can play a crucial role in the success of any negotiations, as they are well-versed in the tactics used by insurers to avoid paying out valid claims.
Hiring a knowledgeable attorney for car accident is also important when it comes to abiding by relevant laws and procedural rules. For instance, in South Carolina, all car accident claims must be filed within three years of the date of the collision in question. Plaintiffs who miss this deadline will be barred by the court from filing a claim based on the accident, which can have devastating consequences for the injured parties.
Call Today for Help with Your Case
An experienced attorney can help you file a lawsuit, will know the best ways to mitigate defenses raised by at-fault parties, and in the event that your claim does not settle, can prepare your case for trial. Call the Peace Law Firm today to learn more about how we can assist you.
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