Do I Need a Lawyer for an Accident That Wasn’t My Fault?
If you get hurt in an accident that you know wasn’t your fault, you may still need to hire a lawyer to help you recover fair financial compensation from the at-fault party. Your personal injury claim in Los Angeles may come with challenges and roadblocks that make it difficult to achieve the justice you deserve. Whether or not to hire an attorney is your personal choice, but it is highly recommended if you encounter complications.
A Liability Dispute
Even if you are not one of the parties being considered for liability during an accident claim, a liability dispute among other parties could interfere with your settlement. If the insurance company where you filed your claim is denying liability or attempting to blame someone else, your case could get tied up in a lengthy legal battle. Hiring an accident attorney in Los Angeles to represent you can facilitate a faster resolution and quicker settlement.
Severe or Catastrophic Injuries
If you suffered serious harm in the accident, such as a catastrophic injury or permanent disability, it is important to hire a personal injury lawyer even if you weren’t at fault. A lawyer can be instrumental in achieving a fair settlement or judgment award for your losses. Your lawyer can take over negotiations with an insurance company or bring your case to trial.
With or without fault being placed on you, you may struggle to receive a fair settlement offer from an insurance company for a life-altering injury. An attorney will make sure to seek a just amount for all losses related to your serious injury: future medical expenses, lost earning capacity, significant pain and suffering, and more.
Comparative Negligence (and Other Defenses)
You might know that you did not contribute to your accident; however, it takes evidence to prove that this is the case. An insurance company may try to use California’s pure comparative negligence law as a defense against absorbing 100 percent of the liability for your accident.
Under this law, your financial recovery can be diminished by an amount equivalent to your percentage of fault. If you are assigned even a small percentage of fault, this can reduce your settlement or judgment award. Hiring an attorney is the most effective way to combat the comparative negligence defense.
A lawyer can also protect your rights in the face of other common insurance company defense strategies, such as diminishing your payout for pre-existing injuries, the “failure to mitigate” defense or assumption of risk. A lawyer will know what defenses to expect during your claim and how to successfully counter them.
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Insurance Company Bad Faith
If you file a claim only to have it wrongfully denied by an insurance company, delayed without just cause or completely ignored, you may be a victim of insurance bad faith. This means an insurance company is not handling your claim in an honest and good-faith attempt to come to a fair resolution. If an insurer is being uncooperative, it is important to protect yourself by hiring an attorney.
A lawyer will know how to go up against insurance corporations and their claims adjusters to achieve a better case outcome on your behalf. If appropriate, your lawyer can pursue a bad-faith claim against the insurance company for additional compensation on top of your original personal injury claim.
If you are considering whether or not hiring a lawyer is in your best interest, get an honest opinion from the attorneys at Rose, Klein & Marias LLP during a free consultation. We will review your situation at no cost and address your concerns so that you can make an informed decision moving forward.