A car accident is stressful, especially if you are the victim and don’t know where to begin. There are many rules you should know for accident injuries. Navigating insurance claims, medical expenditures, and trauma can be difficult and stressful. At that time, you have to consider the situation and protect yourself. This baggage is a lot to handle, and questions about legal rights start chipping in to understand how to protect yourself. In this article, we will discuss some common questions that you face.
Accident injury lawyers gather the essential information to support your case and represent you in court, ensuring you receive a fair payment. That is the most important thing. When consulting with a lawyer, numerous questions arise, including how much compensation you are entitled to, how long it takes to submit a claim, and whether you will face a jury.
This article answers your most common questions to Memphis, TN car accident injury lawyer.
How Accident Claims Work?
Accident claims are used to seek compensation for losses sustained in an accident. That is usually handled through insurance. They give you the legal compensation. The process varies based on the sort of accident and whether you believe another party was at fault. In the event of a car accident, you would submit a third-party claim against the other driver’s insurance.
It helps you to prioritize your damage. Your insurance may be involved, depending on your policy. For property damage, the insurer reviews the repairs and may pay directly. Bodily injury claims from automobile accidents can get more complicated because the insurer examines the cause and negotiates a settlement to cover medical expenses and lost wages. In this situation, an accident lawyer plays an important role.
Most Common Questions Answered
1. Do I Need a Memphis, TN, Car Accident Injury Lawyer?
The first thought most accident victims have is if they need a lawyer to handle their case. This question is often influenced by the suspicion that the lawyer will take most of the portion and end up with a small share. At the bottom of this suspicion is assuming the attorney cannot push the case for fair compensation.
The truth is that most victims don’t have the knowledge to secure the complete recovery they are entitled to, even after deducting the lawyer’s commission. This misconception is often encouraged by adjusters assigned to pressuring victims to avoid seeking legal assistance.
You can undoubtedly pursue your claim, but the question is if you’re competent enough to do that. Adjusters can give you cooperation and attention, but all this is just a false sense of protection. This guy pursues injury claims for money and has a natural advantage over inexperienced victims.
It’s possible to handle your case, but you have a high chance of losing a settlement that does not cater to all the injuries and suffering you went through. Consider hiring a Memphis, TN, car accident injury lawyer to navigate the litigation process.
2. How Much Compensation Will I Get?
Most of the people are uninformed of their rights and tend to let things go after a life-altering accident. But there are better ways. However, it would be beneficial to recognize that you have the right to recover lost wages, medical expenditures, physical impairment, property damage, mental pain, and suffering. Of course, it is their right. If the offending party’s actions were severe enough, the court may order them to pay punitive damages. They could not despoil from their legal rights.
The amount you are entitled to recover varies depending on the extent and nature of the damages and injuries. There is no precise formula or method to come up with an exact figure of what you will get from the insurance company.
Car accident injury lawyers in Memphis, Tennessee, must evaluate a variety of criteria while determining the value of your claim because each value is not the same. These include the expense of medical treatment, the duration of therapy, the type of injuries, the bodily parts harmed, the victim’s age, and the permanent nature of the injury. You have to consider each criterion depending on the accident.
3. How Long Do I Have to Make a Claim?
Determining the exact date to file a suit can be complicated and confusing. If you suspect you are a victim, contact a Memphis, TN, automobile accident injury lawyer immediately to help you assert your legal rights. It will help you to receive compensation.
In the event of a wrongful death, either the victim or their next of kin must file an injury claim within one year of the accident date. You have to take steps to do this quickly.
4. Will I Have a Trial Before the Jury?
More than 90% of such cases are settled before trial to avoid high-stake risks. The pretrial process allows both parties to have an extensive review of the case, and when the trial comes, they will be aware of all potential risks and rewards. Memphis, TN, car accident injury lawyer understands better negotiating leverage to get a favorable settlement.
What’s crucial is making the coverage provider know that you are ready, willing, capable, and prepared to take your case to trial if they do not cooperate. You accomplish this by aggressive and thorough preparation for pre trials, which means you communicate to the insurance company that you are taking your cases seriously.
Your lawyer will treat your case as if it’s going to trial until the insurer makes an acceptable offer. This is a philosophical way to ensure your lawsuit is carefully reviewed. It also ensures that you are working with insurers to get a good offer.
5. What is Subrogation?
After the car accident, you will notice that the medical expenses are part of the damages you recover for injuries. When a governmental plan or medical coverage provider pays for the fees, they deserve a portion of the settlement. Therefore, subrogation is a legal doctrine that says since an insurance company paid for the expenses, they should logically receive part of the compensation.
It would be best to continue cooperating with the health plan to ensure expenses are part of your claim. You might think you got a fair recovery only to come and learn that you received less money than the intended subrogation claim by the insurance company.
Memphis, TN, car accident injury lawyer will help you negotiate with your health adjusters to decrease their subrogation request. The reduction depends on the treatment plan, amount, applicable law, and the nature of your injuries. Government plans have specific and complicated statutory formulas to determine the amount of subrogation interest to reduce.
Negotiating for a reduction in subrogation interest is frequently challenging, especially if you do it yourself. A Memphis injury attorney has experience in protecting the value of recoveries for clients and staying on the cutting edge of subrogation law.
6. What is a Specific Needs Trust?
Many disabled people, because of car accidents, qualify for government assistance programs. You may be severely disabled, but a judgment with limited exempt levels can disqualify your claim. However, the Memphis, TN, car accident injury lawyer can use Specific Needs Trusts to manage negotiated judgments and settle for disabled people.
Conclusion
After an accident, many people have different questions about whether they should involve a car accident injury attorney to help them with litigation. The answer is yes because the lawyer will protect your interests to receive the compensation you deserve.
