Why It’s So Important To Hire A Lawyer After A Fatal Car Accident

by

30 September 2023

Legal

Fatal Car Accident

Car accidents occur a lot more often than they should, so much so that the Bureau of Transportation Statistics estimates about 13 auto accidents are recorded every minute in the US. That translates to approximately 1,440 accidents every day.

That said, accidents vary in severity; there are instances where those involved walk out unscathed or with minor injuries. In other cases, injuries are much more severe or even result in death. Unfortunately, 115 people die in fatal crashes daily, with one death every 13 minutes.

Most fatal car accidents can be avoided and usually result from drivers’ mistakes, including distracted driving, DUI, speeding, etc. Now, if your loved one was killed in an auto accident and you have reason to believe the other party was at fault, you can sue for damages.

However, you want to do so through a fatal car accident lawyer because they’ll:

Determine Whether You Have a Case

Before you can actually file a fatal accident claim, you first want to figure out whether you have a case. Basically, there should be grounds to prove that the accident resulted from the negligent or reckless driving of the liable party.

Thus, this is what a lawyer will ideally do first. They’ll look at the current facts of your case and advise you on whether you have or can build a strong case. You’ll have an idea of your chances at a positive outcome from the get-go.

Investigate Your Case to Gather Evidence

Once your lawyer has determined liability and identified the liable party, they’ll gather all the evidence available to strengthen your claim. In most cases, the plaintiffs don’t know or have access to the kind of evidence an attorney can get and, consequently, fail to prove liability beyond reasonable doubt. And that denies them the compensation they’re owed.

Estimate the Damages You Deserve

While you can calculate how much you spent on hospital bills, medication, and funeral costs, it’s hard to put a number on the suffering, anguish, and pain you have gone through due to losing a child, spouse, or parent in a fatal crash. But a car accident lawyer has experience dealing with similar cases and assesses your case to come up with a figure to claim.

File a Claim on Your Family’s Behalf

Fatal accident claims have a lot of paperwork that you need to put together to file a claim. A lawyer can help you ensure you have everything necessary before filing your claim with the proper courts or serving the liable party’s insurance in case of an out-of-court settlement. On top of that, a lawyer already has a good grasp of the law and will know what to do to comply with the process.

Represent You During Negotiations or Trial

Once your claim is filed, negotiations with the insurance company begin. In many cases, claims that make it to court also end up settling out of court. You want a lawyer to handle this stage for you as they’ll negotiate the best deal. Remember, the insurance company is a business whose goal is to pay as little as possible in claims to make a profit. So, they won’t give you a fair settlement without persuasion. And an attorney is the best person to persuade them.

Give You the Best Shot at Winning a Settlement

It’s not always guaranteed you will get a settlement for the death of your loved one, even if you’re sure that another party is liable. But with an attorney, you give your lawsuit the best chance of success. That’s because they have adequate experience to prove your case and will do everything possible to get the outcome you want.

Don’t Risk Your Case: Get a Fatal Car Accident Lawyer to Handle It

While you may have a strong case, some errors can ruin your chances of winning a settlement. Or you may unknowingly settle for much less than you’re owed. That is why getting a lawyer from the get-go is crucial to begin your lawsuit on the right footing.

Working with an attorney increases your chances of winning maximum compensation and allows you to mourn your loved one as someone handles the claims process for you.

Read Also:

Arnab is a professional blogger, having an enormous interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, He carries out sharing sentient blogs.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Redundancy Solicitor

Do I Need A Redundancy Solicitor? Then What Is That?

Before we get to know why it might be necessary to hire a redundancy solicitor, it is much more important to know who is a redundancy solicitor and why you might need one.  When I say Redundancy, it is among the limited numbers that have the potential for fair reasons while dismissed from work. This happens when the employer is required to decrease the workforce and also close the business premises.  So now, if you get dismissed from work for a reason of redundancy, then you are entitled to a few statutory rights, including a redundancy payment. Now that you know what is a redundancy solicitor, let’s get into why you might need a solicitor and for what purpose.  Why Would I Need A Solicitor When Being Made Redundant?  There are certain situations when you might need a redundancy solicitor, so let’s get to know these situations.  You might suspect that you are not in a redundancy situation. You might suspect that your selection is unfair.  You might suspect that the procedure that your employer followed is incorrect.  It is possible that a settlement agreement has been offered to you.  You might have been as to become a volunteer for redundancy.  You might not be sure whether you are getting the full redundancy package.  These are a few instances where the need for redundancy solicitors might be of great assistance.  Related: How A Solicitor Can Help You To Set Up A Business What Are The Circumstances Of A Genuine Redundancy? A redundancy is to be considered if the following are maintained:  Suppose the whole business is closing temporarily or maybe permanently.  It is possible that a particular workplace you are working in is either closing or maybe moving to another location.  Suppose the job you have ceased to exist or has diminished, or maybe you are expecting your job to cease to exist or diminish in the future. This will happen if your employer is considering certain restructuring in the workplace.   The redundancy is not to be considered to be genuine if the following happens:  Suppose your employer is replacing you with someone else, maybe with someone with someone who is willing to work for less amount.  It is possible that the business is about to transfer its ownership, and maybe the new owner is going to employ you on totally different employment terms.  It is more likely that the latter will become a Transfer of Undertaking (TUPE) situation. Before you apply for this, it is better to get legal advice, or you might be in trouble since it is a grey area.   An Employer That Has Not Followed A Fair Procedure In an ideal world, the employer’s redundancy process should have a set employment contract or handbook in place. Now what your employer should do is look for redundancies that can be avoided quite easily. Certain ways you can avoid redundancies are:  Your employer can ask you to volunteer for a redundancy or even opt for an early retirement.  The employer can also choose to lay off the employees who are self-employed. The employer can choose to ban or reduce any overtime.  Your employer can offer you to get alternative work.  Now if your employer still wants to proceed toward redundancy, then they should really identify the certain employees who are to be made redundant. But the selection should be made in a fair way.  While selecting the employees, there are a few characteristics that should not be considered as the selecting factors, they are such as gender, ethnicity, or any such discriminating factor.  The selection criteria that are to be considered fair and impartial are: Aptitude  Skills Qualifications Performance Record/Discipline Attendance    Now depending on these selection factors, the employer has to consult with these candidates; if they don’t, then the redundancy will be considered to be unfair as well. At least one meeting with the employer is important to discuss every aspect of this situation. Well, suppose your employer has selected over 20 candidates for redundancy, in that case, a special rule is applied that the candidates need to follow through.  You should also be given a proper notice period to prepare yourself. The notice period should be like this:  1 week notice if you have been working in the organization for between one month and about two years. 1 week's notice for each of the years the employee has worked in the company ranging between 2 to twelve years.   Lastly, 12 weeks of total notice period; if the employer has been working in the company for over 12 years.   Which Is Better, Being Offered A Redundancy Package Or A Settlement?  Well, now, suppose you have been working in a company or organization for over two years; then, you are entitled to a statutory redundancy payment as well. For this, the specific calculation goes something like this.  About 5 week’s payment is given to employees who have worked a full year after their 41st birthday.  About a week’s worth of payment is given to employees who have worked a full year after their 22nd birthday.  About half a week’s worth of payment is given to employees who have worked a full year till their 22nd birthday.  The total length of your service is capped at 20 years. Then your weekly payment is averaged over what you earn per week over a 12-week period till your redundancy notice.  Read Also: Breaking Down The Complexities Of Surrogacy And Assisted Conception Laws In The UK Preparing For Your Initial Consultation With An Immigration Lawyer Choosing The Right Conveyancing Solicitors For You

READ MOREDetails
Divorce Lawyer

6 Reasons you need a Divorce Lawyer

We know that not all marriages go well and some might end due to various circumstances. Divorce is not easy for all. For some, it is the best solution to live life. It's not shocking that so many partners end up committing significant errors on the path to divorce, considering the amount of financial, realistic, and emotional information that needs to be handled. There are, though, a variety of tasks that you can do or, more precisely, not do to minimize the risk that you will later reconsider your choices. There are several types of divorces that can take place if legal experts are to be believed. While some divorces are mutual, in the sense that both parties want to end the marriage, others are contested. According to a leading contested divorce attorney in Houston, these are cases where one of the partners wants a divorce and the other one does not agree to the terms and conditions. Issues relating to separation of property, assets, and child custody problems are common challenges in contested divorce proceedings. To avoid major hurdles, one must hire a divorce attorney to solve the case efficiently and correctly. A Divorce Lawyer can help you in the following ways: Explain your rights Although you may be unwilling to employ a lawyer to help you through your divorce, you should realize that local divorce attorneys understand the law and procedure. You can easily go to a local divorce law firm and get your case registered there. Every country has different criteria for divorce, so unless you are confident in your abilities to read laws and complete legal paperwork correctly, you can consult with a family-known attorney. As an impartial third party, in order to strive for the right resolution for those concerned, a family lawyer ought to have a calm, level mind and remove themselves from the personal side of the situation. Reduce your stress For everyone concerned, divorce is a difficult time. One way to alleviate divorce tension is to employ a solicitor to conclude a divorce. Although the prosecutor will need to obtain documents from you, nearly everything else will be taken care of by them, leaving you more time to take care of yourself and your health. Provides you the best options A skilled lawyer may support a client during a divorce to make sure that they get what they want. Based on the condition of the spouse, state laws do not generally endorse an equal division of properties. A lawyer will assist you to create a good plan for settlement; if the proposal comes from the other side, your lawyer will let you know if you want to settle, or fight in court. Helps with paperwork All the documentation is dealt with by a divorce attorney. Divorce and other problems in family law include tons of documentation. Your case will be postponed or even tossed out if paperwork is filed wrongly. You should help the divorce attorney file the required documents in a timely way to prevent errors that can damage your case. Helps with custody plans A divorce lawyer may help clients to adopt a coping strategy that fits with the parents and meets the needs of the child. The invention in a divorce case can consist of addressing the other party's questions about the properties they have, their parenting, and other divorce-related issues. Call for the experts who have dealt with the most complex Missouri child custody cases to deal with any complexities with your case. Helps with property division and marital assets One partner may have managed the money of certain relationships and the other partner may not be mindful of the loans and properties of the couple. A divorce attorney can help gather documents to identify assets and debts so that all belongings are properly addressed by the divorce case. Since the end of the union, a divorce counselor may clarify how property is handled. Read Also: Divorce In Modern Society 5 Things To Consider Before A Divorce Think Positive: 6 Realistic Benefits of Getting a Divorce How to Get a Copy of a Divorce Decree Things To Consider Before Hiring A Divorce Lawyer How to Avoid a Toxic Divorce

READ MOREDetails
Breaking Down The Complexities Of Surrogacy And Assisted Conception Laws In The UK

Breaking Down The Complexities Of Surrogacy And Assisted Conception Laws In The UK

Navigating the intricate legal landscape of surrogacy and assisted conception in the UK can be a daunting task. If you're considering these options, it's crucial to have a comprehensive understanding of the legal framework. You can find valuable insights and expert guidance on surrogacy and assisted conception laws in the UK here: https://www.harpermacleod.co.uk/expertise/individuals-families/family-law-solicitors/surrogacy-assisted-conception/, where experienced family law solicitors provide the information you need to embark on your journey to parenthood within the bounds of the law. Understanding Surrogacy Surrogacy is a process in which a woman carries and gives birth on behalf of someone else. There are two main variants of surrogacy, and they are traditional and gestational. Traditional Surrogacy: In this process, the surrogate mother is genetically related to the child because her egg is used for conception. This type of surrogacy is less common in the UK due to the legal and emotional complexities it presents. Gestational Surrogacy: In this method of surrogacy, the mother (surrogate mother) has no genetic relationship with the child.  Instead, an embryo created from the intended parents' egg and sperm or donated gametes is implanted into the surrogate's womb. This form of surrogacy is more prevalent in the UK. Surrogacy In The UK Surrogacy laws in the UK are complex and heavily regulated to protect the interests of all parties involved. Here are the key points to understand: Legal Parenthood: In the UK, the woman who gives birth is automatically considered the legal mother, regardless of genetic connection. To transfer legal parenthood to the intended parents, they must apply for a Parental Order after the birth, provided certain conditions are met. Eligibility for Parental Order: To be eligible for a Parental Order, the intended parents must be genetically related to the child and be in a stable, long-term relationship. Furthermore, the surrogate mother must provide her full consent, and the surrogacy arrangement must be non-commercial. Surrogacy Agreements: While commercial surrogacy is illegal in the UK, surrogates can receive reasonable expenses related to the pregnancy. A formal surrogacy agreement is essential to outline the terms and ensure everyone's rights and responsibilities are clear. Assisted Conception Laws Assisted conception refers to various fertility treatments, such as in vitro fertilization (IVF) and artificial insemination, that help individuals or couples conceive when natural conception is challenging. Here's an overview of the legal aspects: Consent: Consent is a crucial element in assisted conception. All parties involved, including donors, must provide informed and voluntary consent. Clear documentation of this consent is essential. Donor Identification: In the UK, any child born as a result of assisted conception has the right to access information about their donor when they turn 18. Donors can choose to be anonymous, but many opt for identifiable donor status. Legal Parenthood: Legal parenthood in assisted conception cases typically rests with the individuals who provide the gametes or undergo the fertility treatment. However, it's important to ensure that all legal aspects are properly documented. Conclusion Navigating the legal complexities of surrogacy and assisted conception in the UK requires careful planning and adherence to the law. It's crucial to seek legal advice early in the process to ensure that all parties' rights and responsibilities are protected. Surrogacy and assisted conception can be emotionally rewarding processes for individuals and couples longing to become parents. However, understanding the legal framework and complying with the regulations are essential steps to ensure a smooth and legally sound journey to parenthood in the UK. Whether you are considering surrogacy or assisted conception, consulting with legal experts who specialize in family and reproductive law is a wise decision to make your dream of parenthood a reality within the bounds of the law. Read Also: What Is Considered A Personal Injury? 5 Common Types Of Personal Injury Cases 7 Most Common Types Of Wrongful Death Cases

READ MOREDetails