Tag: car accident lawyer

Can I fire my car accident lawyer and get a new one?

Car Accident Lawyer

If you are in the midst of an injury claim or lawsuit, and have become dissatisfied with your car accident lawyer you may be wondering about your options for replacing them. The good news is that you can probably manage this easier than you think. And you should also know that you are not alone in wishing you had chosen a different car accident lawyer from the start. In the chaos and aftermath of an injury accident, many big decisions must be made quickly and when one is in pain and feeling anxious, mistakes are bound to be made. If you are in need of a respected and highly qualified car accident lawyer, like a car accident lawyer from MartinWren, P.C., give a law firm a call.

Here are answers to some of the most common questions asked about the process of moving on from one car accident lawyer to another who will better suit the client’s needs.

Will I owe the car accident lawyer any money if I terminate our contract?

Assuming that there is not a settlement offer that has already been made by the at-fault driver’s insurance company, it is a straightforward process to terminate your existing car accident lawyer. Not only will they not charge you anything but they are obligated to give you your complete case file. (If they need to make copies, they may charge you a modest copying fee.)

If your first car accident lawyer spent time on your case before you terminated them, they have the right to file a lien on the settlement you receive. Should this occur, when your new car accident lawyer negotiates a settlement, the first lawyer’s lien will kick in and they will be paid from the portion of the settlement that your second lawyer receives. In other words, the two lawyers will share the pre-agreed percentage of the settlement for lawyer fees and it will not be taken out of your share.

How will I know if I should get a new lawyer?

The answer is different for anyone. And though nobody is perfect, including car accident lawyers, there are some red flags to be mindful of that may indicate it’s time to change lawyers. If several of the follow are true for you, and the lawyer is not willing to change these behaviors, you may be best served by hiring a new lawyer.

  1.   The lawyer has neglected to tell you what their strategy is for resolving your case.
  2.   The lawyer has not explained what facts must be proven before the claim can be filed.
  3.   The lawyer does not return your phone calls within 48 hours.

What if a low settlement was offered to me and my car accident lawyer refuses to negotiate with the insurance company?

If your documented damages from the car accident far exceed what the at-fault party’s insurance company is willing to pay you, your car accident lawyer should make every effort to negotiate a fair settlement. However, you cannot fire the lawyer and then accept the low-balled settlement offer because the lawyer will have placed a lien on it and will take their fee before you receive the check for the balance. Your only options are to stay with the original car accident lawyer or else find another one who believes they can negotiate a much higher settlement. As long as you and your new lawyer do not accept the original offer, you should be okay but finding a new lawyer under these circumstances may be challenging.

To discuss your case with an aggressive and experienced car accident lawyer, call a law firm today.

Understanding the Legal Blood Alcohol Content Limit

Car Accident Lawyer

It is the responsibility of every citizen to avoid driving while under the influence of alcohol. The consequence for failing this duty is a DUI, which is one of the most serious criminal charges an average person will ever face. A person’s blood alcohol content level, or BAC, is what we use to gauge how much alcohol someone has had. Do you know what the legal BAC limit is to drive a vehicle? The answer is more complicated than you might think.

The Legal BAC Limit

The first thing you need to understand is that there are two laws that govern driving while intoxicated. Only one deals with a specific BAC level. Let’s discuss that law first. The law states that no one may operate a motor vehicle with a BAC level at or above 0.08.

Remember, everyone is different and alcohol affects certain people more than others. All of these factors affect how much alcohol is needed to reach this 0.08 limit:

  • Weight
  • Sex
  • Age
  • Medication

When it comes to driving a vehicle after a drink or two, you should always err on the safe side.

Driving While Impaired

There is another law that you need to be aware of. In addition to it being illegal to drive with a BAC above a specific level, it is also illegal to drive while impaired. As you can tell, this law is much vaguer than the other one. What constitutes being too impaired to drive is subjective.

This law is intentionally vague so that each driver is judged on a case-by-case basis. There are no loopholes to get out of legal trouble due to using a mind-altering substance that is not specifically stated in the DUI law. If a drug impairs you enough that you cannot drive safely, it is still illegal even if it does not affect your BAC level in any way.

However, this does mean that it is up to the arresting officer to decide if you are too impaired to drive safely. It is possible to receive a DUI even if there is not any alcohol in your system. This judgment is usually made based on swerving while driving, inability to function after being pulled over, and colliding with objects.

If you have been arrested with a DUI charge, the first thing you should do is speak with a DUI lawyer in Fairfax, VA. It is important to get legal representation as soon as possible to maximize your chances of winning your case.

Thanks to May Law, LLP for their insight into criminal law and blood alcohol content in a DUI case.

Commonly Asked Questions About Personal Injury and Car Accidents

Car Accident Lawyer

Auto accidents are unfortunately all too common. If you have been injured in an auto accident, your life might feel as if it has flipped upside down. You may feel overwhelmed and confused, so here we answer some commonly asked questions about personal injury and auto accidents to bring clarity to you and your situation.

So I’ve Been In a Car Accident. What Do I Do Next?

Here’s a checklist of things to make sure you do in the moments after being in an auto accident.

  1. Never leave the scene of the accident
  2. Call 911 and make sure to get a copy of the police report when it is filed
  3. Exchange information with the other driver(s), including their insurance information, the make and model of their car, and their license plate number
  4. Take photos of your car while at the scene
  5. Take photos of the surrounding area; any skid marks, debris, traffic signs, and crosswalks
  6. If you have been injured, take pictures of your injuries while at the scene

What Do I Do If I Was Injured By Another Driver?

First and foremost, make sure you go to a doctor! Your health always comes first, and it is imperative you get adequate medical care as soon as you can. Plus, if you decide to file a personal injury claim down the road, waiting to go to a doctor can severely hinder the legitimacy of your case.

Secondly, make sure to contact a personal injury attorney. Not only will they give you their opinion on the future of your case, they can help you determine next steps and how to move forward.

What Should I Not Do After Being In An Auto Accident?

There are two things not to do after being involved in a car accident;  making any public statements and waiting too long to contact an attorney.

You should always wait to make any formal statements, from talking to the other drivers and cops at the scene of the accident to speaking to your insurance company. It is always wise to have an attorney speak as a legal advocate for you, no matter how small the situation may be.

Additionally, depending on your state, there may be statute of limitations for when you can file a personal injury lawsuit. To ensure you get the compensation you deserve, do not wait to talk to an attorney about what happened to you.

What If One of My Loved Ones Was a Victim of Wrongful Death?

Wrongful death damages can be awarded to the spouse, parent, and/or child of the deceased person. These damages can also be available for their estate. In the situation of a wrongful death, the survivors can sue the defendant for funeral expenses, loss of income, loss of companionship, and other losses.

If you have been a victim of personal injury due to an auto accident, you deserve to have your rights protected. Contact an AZ personal injury attorney for a consultation as soon as possible to get started on filing your claim.

Thank you to Kamper Estrada, LLP for their information and input on personal injury law.