Question: I was recently in an auto accident, and the other driver was at fault. The insurance company for the other driver keeps calling me. I'm not sure I should talk to them. What should I do? I've never had a lawyer before. How are car accident or personal injury cases handled?
Answer: Don't talk to them, and contact an attorney immediately! The insurance adjuster calling you is trained to get you to say things that can hurt your case without you even realizing it. Usually they will want to take a recorded statement from you, and then use it against you.
There are three key elements to any accident, medical malpractice, wrongful death or other type of personal injury case. Those are (1) liability, (2) damages and (3) causation. Liability means that the other party did something wrong legally which makes them liable to pay for whatever damages you suffered. Damages is the measure of harm caused by the act for which the other party is liable. Damages include such things as past and future medical costs, property damage, lost wages or other lost income, pain and suffering, emotional distress and in very rare, extreme cases, punitive damages. Causation means that the act had to actually cause the injuries and damages claimed. For example, if a plaintiff had an injury from a previous accident, the defendant will argue that the damages were caused by the previous accident, not this one.
In any accident or personal injury case, the attorney will gather the medical records, accident reports, witness statements and other facts necessary to prove liability and establish damages and causation. It is extremely important that you be open and honest with your attorney so that your attorney has all the information necessary to make the correct decisions regarding the best way to handle your case. Depending upon the facts of each case, the attorney may try to settle with the insurance company or move directly to filing a lawsuit. A case can be settled at any time, including during trial.
Accident and personal injury cases, including wrongful death and medical malpractice cases, are normally handled on a contingency fee basis, where the attorney's fees are a percentage of the settlement.
