The first time someone has a car accident, they might be confused because they do not know what steps to take. They might not be aware of the process that follows after an accident and they might not be aware of their legal rights. This article elaborates on the importance of a car accident attorney and why an attorney is needed when someone has an accident.
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If a car accident happens and the client happens to be involved, they may end up with physical body injuries and their vehicle may be dented. The client will need a car accident attorney to explain their legal rights concerning the accident and any possible liability for the other parties involved. The car accident attorney will help answer all the questions that the client may have concerning the road accident.
The most important thing that the client and the attorney need to find out is who was at fault when the accident occurred. Before making an accident compensation claim, the level of fault for each of the parties involved in the accident is an important element to establish. The process of determining the party in fault varies from state to state depending on the state laws of negligence. Knowledge of the degree of negligence for each party will help in determining who will be responsible for the injuries and damage caused by the accident.
In determining the compensation to be received there are three models used: comparative negligence, pure comparative fault, or proportional comparative fault. In comparative negligence, the percentage of fault for the claiming party is determined and if it exists, even if very minimal, then the party is not entitled to any compensation. Comparative Negligence is also known as Contributory Negligence. This model is not used widely today but people have used other proportional forms of comparative negligence that will allow a party to claim compensation even if they were partially at fault.
In pure comparative fault, the damages incurred are reduced by the percentage of fault of the claiming party. For example, say that a client's accident damages amounted to $10000 and that their percentage fault is 20%, the client's damages will reduce to 80% of the actual damages. Therefore, they would be compensated $8000 in this case.
For states that use Proportional Comparative Fault, the client will not receive any compensation caused by an accident where their percentage fault is above a set value. In most states the set value is 51% meaning that if their percentage fault exceeds 51%, they will not receive any form of compensation. In other states, the set value is 50%.
One question clients need to ask themselves is who determines the Oakland Car Accident Attorney percentage fault and how is it calculated. It is at this point when a car accident attorney is required. Usually, the insurance company claims adjuster is responsible for assigning the relevant degrees of fault based on the factors surrounding the car accident. The car accident attorney will examine the accident and campaign for the lowest percentage of fault.
It is therefore crucial to get a car accident attorney who will help reduce the percentage of risk and hence help clients earn the correct compensation.
Car accident attorneys play important roles in ensuring that victims of car accidents receive compensation for injuries and damages resulting from the actions of others. Without the services provided by these attorneys, a lot of victims would be left hapless with little or nothing to cope with the consequences of these accidents. Apart from helping victims, a car accident lawyer also contributes to the reduction of automobile accidents. Recent statistics from the NHTSA have demonstrated a decline in the number of auto accidents and the activities of accident attorneys have also contributed to this decline. However, a lot of people decide not to consult car accident lawyers due to financial considerations. These conceptions are often misguided because paying for an attorney's services is actually not that difficult.
The most common method for paying a personal injury attorney actually requires no money upfront from you. This arrangement is known as "no win no fee". Also referred to as contingency arrangement, the attorney only gets paid when the client is awarded compensation by a jury or a satisfactory settlement is offered by the defendant. Thus, a car accident victim doesn't have to worry about the attorney's fees provided that the case has a good chance of getting settled. Apart from relieving the client, a contingency plan also places an extra demand on the attorney to do an excellent job since if the case is not settled, he or she won't also get paid for services rendered.
However, before a car accident attorney will agree to take up your case on a contingency basis, he or she would want to evaluate and assess the case in order to determine the chances of winning the case. Once a case has been settled, the car accident attorney will deduct a pre-agreed percentage to cover his or her fees. The percentage varies from 30-50% but it's possible to negotiate it. Before agreeing to a contingency plan, it's important to be clear on the terms of the agreement. For instance, some car accident attorneys deduct their percentage from the settlement, deduct court costs and then give the remaining to their clients. Some others deduct court costs first before taking their own percentage and the remainder goes to the client.
Contingency plans still remain the choice method of paying for a car accident attorney's fees and thankfully, accident victims can benefit from this arrangement since a lot of attorneys work on this basis.