How does the lawyer get paid?
Many good car accident lawyers work on spec, or on contingent basis — they get paid by taking 30% or so out of the compensation that you eventually win; they make little if they win you little, and nothing if they don’t win at all. This payment structure aligns your attorney’s interests with your own and ensures they’re motivated to maximize your recovery. Others, though, charge a fee regardless of the outcome of the case. Before you sign up, you want to make sure that the lawyer works on contingent basis and understand exactly what percentage they’ll take from your settlement or verdict.
What kind of court fees and costs are involved?
Lawyers who get paid on contingent basis only offer their services in this fashion; they don’t spend anything upfront. If there are court fees and costs to pay, you will usually pay it yourself. These expenses can include filing fees, expert witness costs, medical record retrieval, and deposition fees. You need to make sure that you can afford it and clarify whether these costs are deducted before or after the contingency fee is calculated.
How good is your case?
Not every accident is someone’s fault. Even if an at-fault party is readily available, winning damages isn’t a foregone conclusion. You need to prove that you have suffered as a result of the accident. A qualified car accident attorney should be able to evaluate the strength of your claim based on available evidence, including police reports, witness statements, and medical documentation. You should establish with your lawyer that your case satisfies both requirements.
Whom should you sue?
Suing the driver of the other car may seem like the only option available; a good lawyer will know, though, that it won’t always help. The driver may have insufficient insurance or assets to pay you with. If the driver was driving for an employer at the time of the accident, though, suing the employer could make more financial sense. Your accident lawyer should investigate all potentially liable parties, including vehicle owners, employers, government entities responsible for road maintenance, or manufacturers if a defective part contributed to the crash.
How much time do you have?
Every state has a statute of limitations — the length of time that you legally have to bring a lawsuit. Missing this deadline can permanently bar you from recovering compensation, regardless of how strong your case may be. You should ask your professional Atlanta car accident lawyer. Atlanta residents need to act within two years of any accident in most cases.
How much do you stand to win?
The more the accident causes you to lose, the more you will stand to win. A lot will depend on what your earnings are. If you make a huge salary, your damages for lost wages will be significant; if you make minimum wage, on the other hand, you won’t win much for lost wages. Your potential recovery also includes medical expenses, future treatment costs, property damage, pain and suffering, and loss of enjoyment of life. An experienced car accident attorney can help you understand the full value of your claim.
Should you settle or should you sue?
You need to determine whether you wish to accept payment from the defendant in exchange for dropping your right to sue, or go ahead with the whole legal process in court. Settling can save both parties the hassle and provide faster compensation, while going to trial may result in a higher award but takes longer and involves more uncertainty. You need to talk to your lawyer about whether going to court is likely to prove to be more profitable or morally more satisfying than settling. Your attorney should explain the car accident legal process and help you weigh the risks and benefits of each option based on your specific circumstances.
What is your experience with cases like mine?
Before hiring any accident lawyer, ask about their track record handling car accident cases similar to yours. An attorney with specific experience in personal injury lawsuits involving your type of accident will better understand the nuances of your case and potential challenges. Ask about recent settlements or verdicts they’ve obtained for accident victims and whether they have trial experience if your case doesn’t settle.
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