Thousands of people are injured and killed in car accidents each year in the United States. In Kentucky, including Lexington, the number of motor vehicle crashes has been rising in recent years. In 2023, Kentucky saw a significant increase in highway fatalities, with 813 deaths, the highest since 2016. Local authorities have reported an uptick in accidents, particularly in busy areas like New Circle Road and I-75. Car crashes can cause severe injuries and life-long disabilities. Accident victims in Lexington may be entitled to compensation for economic and non-economic damages if the other driver or a third party caused the collision.
However, navigating the claims process can be challenging. Insurance companies protect their best interests by paying as little as possible for car accident claims. The insurance company has unlimited resources and teams of trained adjusters to fight your claim.
Hiring an attorney after a car accident can increase your chances of receiving a fair settlement by evening the playing field with the insurance company. Six benefits of hiring a car accident attorney include:
Investigating the Car Accident
An attorney has the skills and resources to investigate the car accident. You have the burden of proving the legal elements of a personal injury claim. Therefore, you must have evidence.
Evidence includes:
- Testimony from eyewitnesses
- Statements from drivers
- Opinions and evidence from expert witnesses
- Medical records
- Physical evidence from the accident scene
- Videos of the collision
- Photographs of the accident scene
It can be challenging for a victim to gather evidence while they are recovering from injuries. Hiring an attorney removes this burden and allows someone with the means and experience to handle the investigation.
Documenting and Valuing Your Damages
Accident victims can seek compensation for their economic and non-economic damages. An attorney understands the types of losses and damages you are entitled to receive. They also know how to value the damages correctly to maximize how much your case is worth.
The insurance company will try to undervalue your claim. An attorney knows how much your case is worth and will fight to obtain that amount.
Handling the Insurance Company
Insurance adjusters are trained to obtain information the insurance company can use to deny or undervalue your claim. Your innocent comments could be used against you and twisted to imply fault. Allowing an attorney to handle the insurance company can protect your interests.
Insurance companies also know that attorneys have experience and legal knowledge. When dealing with experienced car accident attorneys, they tend to engage in good-faith settlement negotiations.
Proving Fault and Liability
You must prove these legal elements to win a car accident case:
- The other driver had a legal duty of care to operate the vehicle safely and follow traffic laws.
- The driver breached the duty of care through their actions.
- The driver’s conduct was the direct and proximate cause of the car accident.
- You incurred damages and sustained injuries because of the car crash.
A car accident lawyer understands the law. They know how to use the evidence to prove each legal element. Someone who tries to handle a car accident claim without a lawyer may miss key details that could hurt their case.
Defending You Against Allegations of Fault
Each state has its own negligence law that determines how damages are apportioned when the victim is partially at fault for causing the accident. Some states follow contributory negligence rules, and others use comparative negligence rules.
Four states bar all damages if the victim is 1% to blame for the accident. Other states have a 50 or 51% bar rate. If your percentage of fault is below the bar rate, a defendant’s damages are reduced by their level of fault.
The insurance company will try to shift some of the blame to you to avoid paying your claim, even if you were not at fault. An attorney can defend you from these allegations to protect your right to fair compensation of damages.
Hiring Expert Witnesses
Some car accident cases involve complicated matters that require expert witnesses. Experts have specialized knowledge, training, or experience in a specific field.
For example, an accident reconstructionist may testify about how the crash occurred when causation and fault are disputed. Medical experts can explain the extent of your injuries and how they impact your ability to work and perform tasks.
An attorney has the resources to hire experts for a car accident case. In some situations, expert testimony could be the key to winning the case.
Get Help With a Car Accident Claim to Protect Your Rights
Most car accident lawyers offer free consultations. Therefore, talking with an attorney to learn about your rights and legal options does not cost you anything. Additionally, many personal injury lawyers work on a contingency fee basis. You will not pay any money unless the attorney wins your case.
Taking the time to seek legal advice can significantly affect the outcome of your car accident case.
Ross F. Mann is the founder of Ross Mann Personal Injury Lawyers, serving clients in Lexington, KY, and surrounding areas. With years of experience in personal injury law, Ross and his team are dedicated to securing the maximum compensation for accident victims. Contact their office today for a free consultation.
