Automobile accidents happen every day. It is a fact of modern life that we all know too well. But, if you were the injured party in a car crash, how would you know if you have a case for financial recovery? Auto accident claims can be relatively simple immediately following the wreck when it is a clear case of liability on the part of one particular driver. But in cases where there are multiple drivers involved, receiving equitable financial damage recovery can be complicated and often well-defended. This is especially true when the accident involves commercial vehicles because the employer may also be liable when all of the material facts of the claim are considered. The final result is that even simple accident claims can be difficult when it is time for a final settlement, and having an experienced auto accident lawyer can make a big difference.
What Must Be Proven
Merely filing a claim with the respondent's insurance company may not be enough to be reimbursed properly following an accident. When an insurance company denies a claim, the next step is filing suit against the responsible party and their insurance company. This is rarely successful for the novice injured plaintiff without representation by an accident attorney who can prove the basic requirements that an injury occurred due to the accident and it was either the direct or indirect fault of the respondent. Accident injury claims are based on reasonable duty of care to the injured party and failure on the part of the defendant to provide that care. The case then moves to discovery where the material facts are presented.
How Insurance Companies Are Involved
Insurance companies are the entities that are required to pay when a case can be proven, and many times they use specific tactics to avoid paying or lessening the value of an accident injury claim. Bad faith insurance companies will often make a quick low offer to settle a case when they think they can end the issue without the input of an attorney. This never bodes well for the injured victim. And, it is usually a sure sign the case is much more valuable than the injured claimant realizes. If the offer is not accepted, the insurance company may then decide to take their time in making another offer in hopes of still reducing the final settlement. Insurance company adjusters are professional negotiators who try to control the entire process, and your accident lawyer is a professional negotiator who understands their tactics for reducing the claim value.
Why It Is Important to Have a Skilled Attorney
Insurance claims adjusters deal with accident injury claims on a daily basis and have no problem taking advantage of a claimant in determining a final settlement, as their obligation is directed at protecting the company's profitability and reducing the degree of fault for their client. All auto accident settlements in states that do not implement “no-fault” insurance law will include an evaluation of each driver regarding personal contribution to causing the accident, which is then used to discount the total damages available to the injured plaintiff. In addition, in “no-fault” states, there are significant restrictions on whether an injured victim can pursue further damages from a negligent driver after their insurance protection is maximized, which means professional legal counsel will also be necessary to receive full damages. The rules of procedure for accident claims can be complicated, and having an experienced accident lawyer is always an advantage as well as a necessity for an equitable settlement.
The Tate Law Group of Savannah GA knows Georgia Law and has represented many locals in their pursuit of justice for accidents that resulted from carelessness or negligence. Call us today if you need help from an accident lawyer that can win for you.