How to Find the Best Car Accident Lawyer in California
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There were 4,285 car accident deaths in California in 2021, according to the California Office of Traffic Safety. Car accidents can cause fatalities and serious injuries, leaving devastated victims in their wake. Many accidents are preventable, unfortunately, they occur anyway due to careless drivers or motorists who break the rules of the road.
If you or someone you love is hurt in a collision, you should find the best car accident lawyer in California as soon as possible in the accident’s aftermath. Your attorney will work with you to understand and enforce your legal rights. You need an advocate you can count on to do that.
If you’re not sure where to start, this guide will give you the insight you need to find the right legal professional to fight for you.
When Do You Need a California Car Accident Lawyer?
California law gives you the right to hold another driver accountable if they cause you harm. California Civil Code Section 1714 makes clear drivers should be held liable for losses they cause not only if they purposefully engage in misconduct, but if they are unreasonably careless behind the wheel.
If you can show another driver was negligent under California law, you should be able to recover compensation, however, you must be able to effectively navigate the legal system. This is difficult to do in the aftermath of an accident while you’re focused on recovery.
You shouldn’t need to manage your case on your own, a California car accident lawyer can help. Attorneys can represent crash victims, as well as loved ones of those who have been killed in a fatal accident. In any circumstances where you wish to pursue a claim for your damages post-crash, you need a California car accident lawyer to help you preserve that claim and maximize the chances it will be a success.
Steps to Find the Best Car Accident Lawyer in California
If you are ready to find an attorney to help you with your car accident claim, taking these steps will help you find the right lawyer to help with your case.
1. Get Referrals
You’ll need to start your search for a lawyer by identifying attorneys you would consider hiring. The best way to do that is to ask your network for referrals.
If you have worked with an attorney in the past, that’s a good place to start. A lawyer who helped you with other issues, such as a divorce, real estate closing, or the creation of an estate plan, may be able to refer you to colleagues who handle personal injury claims. Additionally, you can also check with the local bar association or professional attorney’s groups in your area.
Once you have some recommendations, you can create a short-list of attorneys who you want to discuss you case with.
2. Ask About Auto Accident Experience
When you are hiring an attorney to help with an auto accident case, you’ll want to make sure they have experience handling car accident claims.
This is crucial because lawyers have different areas of specialization. The arguments you might make in a medical malpractice claim, for example, are different than those you would make in a car accident case.
If possible, you should confirm that your lawyer also has handled cases similar to yours. For instance, if you were hurt by an intoxicated driver, look for an attorney who has represented victims of DUI crashes. Your lawyer will have the right network of experts and the knowledge needed to obtain toxicology reports, demonstrate how the driver’s impairment put you at risk, and conclusively show why the other driver should be held accountable for your harm.
3. Understand the Fee Structure
Lawyers have to be paid for their work, so you need to understand how your attorney is going to charge you before you hire a lawyer. You don’t want to find yourself with legal bills if you don’t win your case; it is critical to find a lawyer who works on a contingency fee basis. Attorneys who work on contingency do not charge you legal fees if they don’t recover compensation for you. Instead of paying a retainer up front or paying hourly, you will pay a lawyer who works on contingency only after you win your case.
The amount you’ll pay your lawyer is a percentage of the settlement or court verdict in your favor, so your attorney’s interests are directly aligned with yours under a contingency fee structure. The more money your lawyer helps you recover, the larger the compensation they receive.
The good news is, studies have demonstrated that victims who hire attorneys to represent them in injury claims receive more money after paying their attorney fees than those who handle their claims themselves. That’s because lawyers know how much your case is worth and can fight for you to be fairly compensated. Insurers will also know they must be fair because you have a knowledgeable advocate representing you.
With the ability to land a larger payout if you have a lawyer, combined with the fact you don’t have to pay an attorney if you don’t prevail, there’s no disadvantages associated with hiring a lawyer who works on contingency.
4. Pay Attention to Communication Skills
The lawyer who you hire to represent you after a car accident must have solid communication skills. You need your attorney to be a good negotiator who can communicate your preferences clearly. If your lawyer can successfully negotiate on your behalf with the insurer, this can result in a settlement offer that’s fair. If you agree to settle, you’ll have to give up future claims but you benefit from the ability to skip a court trial and not have to cope with the uncertainty, time commitment and stress associated with taking your claim to court.
Beyond communicating with the opposing parties, your attorney will also need to communicate with you. Your case may take months or even years to resolve in some situations. During this time, you want to be kept updated on the progress and you want to be represented by someone you feel comfortable talking to.
You can assess communication skills by paying attention to how easy and accessible your attorney is to get in contact with. Are you able to reach the office and get scheduled right away? Does your attorney listen when you talk? Does the lawyer you’re thinking of hiring answer your questions patiently in a way that seems understandable to you?
Think about asking how you’ll communicate during your case as well. How often will you be updated? Will you be talking with your attorney directly or with associates or paralegals? Find out these details so there are no surprises after you’ve hired your advocate.
5. Find Out About Courtroom Experience
Around 97% of personal injury claims are resolved outside of court, according to the Bureau of Justice Statistics. As a result, some attorneys don’t have a lot of courtroom experience.
The problem is, you never know when you’re going to be among that small percentage of people who needs to go to court in order to get the compensation you deserve. This can happen to you if the other driver’s insurance company isn’t willing to settle or won’t make you a fair settlement offer.
You’ll want an attorney who knows their way around the courtroom, understands the rules of evidence, and can help you to make a compelling claim. To find one, be sure to ask about courtroom experience when you are choosing your auto accident lawyer.
6. Learn About Past Car Accident Claims
Finally, you should ask any attorney who you’re considering hiring about their results in past car accident cases.
Past results aren’t predictive of future results because your ability to win your case, and the amount of compensation that you will receive, will be determined based on the specifics of your accident and injuries.
Still, you should hire a lawyer only if they can demonstrate a past history of successfully settling cases for a fair sum of money and if they can show they have helped past clients win large verdicts in court. Their past track record of success can put your mind at ease, as you’ll know that they have been able to successful help past victims after a car crash.
What Does a California Car Accident Lawyer Do For You?
Hiring a California car accident lawyer as soon as possible following an accident is very important. Your attorney will help you accomplish important tasks that can make or break your case.
Here are some key steps your lawyer will take to build the most compelling case on your behalf.
Gather Evidence
Since you have the burden of proving your claim, you’ll need an attorney to help you gather evidence. This can include requesting police reports from the California Highway Patrol or your local police department.
California Vehicle Code Division 10 establishes reporting requirements and mandates accidents involving injuries or a death be reported to law enforcement officials. Those involved in the accident have the right to request a police report and your attorney can help you to do that.
Your lawyer can also assist with interviewing witnesses and the other driver, obtaining evidence from the crash scene, and gathering documentation showing both the cause of the accident and the extent of the damage.
Negotiate a Settlement
Insurers often want to settle claims out of court to avoid the potential for a large jury verdict. You can work with your car accident lawyer in California to start settlement negotiations off on your terms by sending a demand letter. Your attorney can also negotiate on your behalf with the insurer and advise you if a settlement is fair.
Fight for Your Rights in Court
Finally, if necessary, your attorney will go to court on your behalf and make a compelling argument so you can prevail and get the justice you deserve.
FAQ
How Much do Car Accident Lawyers Charge in California?
Most car accident lawyers in California work on a contingency fee basis. They charge you a percentage of the compensation they help you to recover and you do not pay any legal fees if they don’t help you win your claim against the defendant.
How Much can Someone Sue for a Car Accident in California?
While the amount of compensation varies on the specifics of your accident and injuries, you have the potential to receive compensation to cover medical bills, lost wages and emotional suffering.
Do I Need a Lawyer for a Car accident in California?
You should have a lawyer representing you after a car accident in California. Your attorney can help to ensure you do not miss deadlines in your case, help gather evidence to prove your claim, and formulate the most compelling case so you can get the compensation you deserve.
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This story was originally published August 22, 2024 at 1:23 PM.