No Recovery, You Owe Us Nothing
When you choose our firm to handle your accident claim in Tallahassee, our lawyers and professional staff members will handle the entire process for you. But, you will need to remain involved, and it will be important for you to have a clear understanding of what you can expect during your claim. Your Tallahassee accident lawyer will explain everything you need to know during your free initial consultation, but we encourage you to read this overview to learn a little bit about what you can expect along the way.
In order to determine whether you have a claim worth pursuing, your attorney will need to conduct a thorough investigation. The nature of your accident (i.e. whether you were hit by another driver or injured by a defective product) will determine what investigative steps are necessary. Your Tallahassee accident attorney will also need to gain a comprehensive understanding of the extent and long-term effects of your injuries in order to assess how much you may be entitled to recover.
Next, your attorney will initiate a claim with the appropriate insurance company (or companies). Your attorney will deal directly with the claims adjusters on your behalf, and he or she will present evidence, dispute the adjusters’ allegations, and take the other steps necessary to prove your claim.
Most accident claims are resolved through insurance settlements. Once all of the facts are on the table, your attorney will negotiate for a settlement that provides full compensation for your injury-related losses. This includes not only financial losses such as medical expenses and lost wages, but also pain, suffering, emotional trauma and other forms of non-financial harm.
When your Tallahassee accident lawyer receives a settlement offer, he or she will arrange to meet with you to go over the details. Your Tallahassee accident lawyer will explain exactly how much you will take home if you accept, and you will decide whether to accept or keep fighting for more.
If you do not receive a satisfactory settlement offer, then your personal injury attorney will take your case to trial. Accident claims can still settle at this stage, and many of them do. However, if it is necessary to take your case to verdict, your attorney will present the evidence in court and fight for the compensation you deserve.
The next step your Tallahassee accident attorney will take is to determine whether the other party may be considered at fault. No matter how obvious it may be that the other party is to blame for the accident, you have to prove that they are at fault. If you cannot prove that they either intended to cause you harm or your injuries were the result of their negligence, you will not be able to recover compensation. As a result, this is a critical step in the process – your attorney will not be able to proceed with your case unless they believe that they can prove to the insurance company or a jury that the other party is at fault.
That said, even if your lawyer believes that the other party is at fault, that does not mean that the other party or their insurance company will agree. The other party may not be willing to accept responsibility for their actions. The insurance company may not want to pay your claim and therefore refuse to accept liability for purely economic reasons.
Determining fault will involve a careful review of the facts gathered during the investigation and require extensive knowledge of the law. Your lawyer will be able to apply the law to the facts and determine whether the other party may be held liable for your injuries. This is why you should consult with a Tallahassee accident lawyer who has the knowledge and experience necessary to make an accurate assessment of your case.
As part of the analysis in determining fault, your lawyer will need to determine whether the other party was negligent. Negligence occurs when the other party fails to act in a reasonably prudent manner that would prevent injury to others. Proving that the other party was negligent in your case can be much more complicated than you may think.
Negligence is unintentional, so you need to focus on the facts that would suggest the other party was careless. For example:
Which facts are important will depend on the nature of your case. An experienced Tallahassee accident lawyer can review your case and determine whether you can pursue a claim against the other party.
In some cases, the other party may have intended to cause you harm. In that situation, your attorney does not need to prove that they were negligent. Instead, they need to be able to prove that the other party intended to harm you. This requires a very different analysis from a negligence case but can be just as challenging.
Intentional tort cases often involve criminal charges, such as assault and battery. If the other party has been charged with a crime, it’s important to remember that you can still pursue a civil claim against them for compensation for your injuries.
Have you been seriously injured in an accident in Tallahassee? If so, we encourage you to contact us for a free, no-obligation consultation about your legal rights. To speak with a Tallahassee accident lawyer at Searcy Denney in confidence, call 888-549-7011 or inquire online today.