Car accidents can happen when other drivers are careless, reckless, or aggressive on the road. If you suffered injuries in a recent car crash, an experienced car accident lawyer in your area can pursue the compensation you deserve for your losses.
Most personal injury lawyers operate on a contingency fee basis. This means that the lawyer does not take a fee unless they recover compensation for you – either through a settlement offer or litigation result. The lawyer’s fee is typically a predetermined percentage of the gross recovery you receive in your case.
Your Calgary car accident lawyer will carefully explain their contingency fee agreement to you, answer your questions, and begin pursuing the financial compensation you deserve for your accident-related losses.
Common Types of Car Accidents and Injuries
Car accidents resulting from others’ negligence are unfortunately common, leading to various types of serious injuries.
- Rear-End Collisions – These accidents occur when one vehicle crashes into the back of another, often due to following too closely or distracted driving. Common injuries include whiplash, caused by the sudden jerking motion of the head and neck, as well as back injuries, which can result from the forceful impact.
- Side-Impact Collisions – Also known as T-bone accidents, these collisions happen when one vehicle strikes the side of another – typically at intersections. They often result from running red lights or failing to yield the right-of-way. Side-impact collisions can cause serious injuries, particularly to passengers on the side of the vehicle that is hit. Common injuries include broken bones, traumatic brain injuries (TBIs), and internal injuries due to direct impact.
- Head-On Collisions – These are among the most severe types of accidents and occur when two vehicles collide front to front. They often result from drivers veering into oncoming traffic, usually due to distraction, impairment, or reckless driving. Injuries in head-on collisions are often catastrophic, including severe head injuries, spinal cord injuries, and multiple fractures.
- Rollover Accidents – Rollover accidents happen when a vehicle flips over onto its side or roof. They often involve high speeds, sharp turns, or collisions with other vehicles or objects. Common injuries include crush injuries, head and neck trauma, and serious internal injuries. The risk of ejection from the vehicle significantly increases the likelihood of fatal injuries.
- Multi-Vehicle Pileups – These accidents involve multiple vehicles and typically occur on highways or freeways where high speeds and close vehicle spacing are common. They can result from a single negligent act, like sudden braking or lane changing, leading to a chain reaction. Injuries in multi-vehicle pileups can be extensive, including a combination of fractures, burns, lacerations, and TBIs.
Proving Liability and Damages in a Car Accident Case
Proving liability and damages in a car accident case requires presenting strong, credible evidence to support the claim that the other driver was negligent and that their actions directly caused the injuries and losses suffered. Here’s how to effectively establish both liability and damages.
Proving Liability:
- Police Reports – A police report is a crucial piece of evidence. It often contains details about the accident, including statements from drivers and witnesses, the officer’s observations, and sometimes the officer’s opinion on who was at fault.
- Witness Testimony – Eyewitnesses can provide firsthand accounts of the accident. Their testimonies can corroborate your version of events and help to establish that the other driver was negligent.
- Photographs and Videos – Visual evidence from the accident scene can be very compelling. Photos and videos of the vehicles, road conditions, traffic signals, and any visible injuries can illustrate how the accident occurred and who was at fault.
- Traffic Camera Footage – If the accident occurred at an intersection or a location with traffic cameras, obtaining the footage can be helpful, as it can provide an unbiased account of the accident.
- Expert Testimony – Accident reconstruction experts can analyze the evidence and provide a professional opinion on how the accident happened. Their testimony can be particularly helpful in complex cases.
Proving Damages:
- Medical Records – Detailed medical records are essential for proving the extent and severity of injuries. They should include diagnoses, treatment plans, doctor’s notes, and any prescribed medications or therapies.
- Employment Records – If your injuries caused you to miss work time, employment records and pay stubs can help to establish your lost income. A letter from your employer detailing how your injuries have affected your job performance or required time off can also be useful.
- Pain and Suffering Documentation – Keeping a personal journal documenting your pain and emotional distress can support your claim for non-economic damages.
By gathering and presenting this evidence effectively, you can build a strong case demonstrating both the other driver’s liability and the extent of your damages. This thorough approach increases the likelihood of receiving fair compensation for your injuries and losses.
What is a Contingency Fee Agreement in a Car Accident Case?
A contingency fee agreement is a common arrangement between a lawyer and a client in car accident cases, where the lawyer’s payment depends on the case outcome. In this type of agreement, the lawyer agrees to represent the client without charging an upfront fee. Instead, the lawyer’s fee is contingent upon winning the case or securing a settlement for the client.
When a client enters into a contingency fee agreement, they do not have to pay any legal fees initially. This arrangement can be particularly beneficial for clients who may not have the financial resources to pay a lawyer upfront. The lawyer takes on the risk of working on the case with the understanding that they will only get paid if they succeed in obtaining compensation for the client.
If the lawyer successfully negotiates a settlement or wins the case in court, they will receive a percentage of the compensation awarded to the client. This percentage is agreed upon before the lawyer takes on the case and is outlined in the contingency fee agreement. The specific percentage can vary, but it typically reflects the complexity and potential duration of the case and the lawyer’s experience level.
One of the key advantages of a contingency fee agreement is that it aligns the interests of the lawyer and the client. Since the lawyer’s payment depends on the success of the case, the lawyer is motivated to work diligently and efficiently to achieve the best possible outcome. This arrangement also provides clients with access to legal representation they may otherwise be unable to afford.
In addition to the contingency fee, clients should be aware that there may be other costs associated with their case, such as court filing fees, costs for obtaining medical records, expert witness fees, and other litigation expenses. These costs are typically separate from the lawyer’s contingency fee and may be deducted from the client’s settlement or award. The details of how these costs are handled should be clearly outlined in the agreement.
An experienced personal injury lawyer can answer all of your questions about the agreement before you sign. Once you sign the agreement, your lawyer can enter an appearance in your case and begin advocating for the fair compensation you deserve.
How Can a Lawyer Help with a Car Accident Case?
A car accident lawyer plays a crucial role in guiding you through the complexities of your case, ensuring that you receive the best possible outcome. Here are various ways a lawyer can help throughout the process:
- Initial Consultation and Case Evaluation – A car accident lawyer will begin by offering an initial consultation to evaluate your case. They will review the details of the accident, your injuries, and the potential for a successful claim. This helps you understand your legal options and what to expect moving forward.
- Gathering Evidence – An experienced lawyer will then gather all necessary evidence to build a strong case. This includes obtaining police reports, witness statements, photographs of the accident scene, and any available video footage. They will also collect medical records to document your injuries and treatment.
- Establishing Liability – Proving who is at fault in a car accident can be challenging. A lawyer will use the gathered evidence to establish the other party’s negligence. This may involve working with accident reconstruction experts to provide a clear picture of exactly how the car accident occurred.
- Negotiating with Insurance Companies – Dealing with insurance companies can be daunting. A car accident lawyer will handle all communications with insurance adjusters, advocating for your rights. They will negotiate on your behalf to ensure you receive a fair settlement that covers your lost income, pain, suffering, and other damages.
- Calculating Damages – Accurately calculating your damages is crucial for receiving proper compensation in a car accident case. A lawyer will assess all aspects of your case, loss of income, pain and suffering, and loss of earning capacity, to determine the full extent of your losses.
- Legal Representation – If a fair settlement cannot be reached, your lawyer will represent you in court. They will prepare and file all necessary legal documents, present your case before a judge and jury, and argue on your behalf to achieve the best possible outcome.
- Providing Legal Advice – Throughout your case, a car accident lawyer will offer legal advice. They will keep you informed about the progress of your case, explain your rights and options, and help you make informed decisions.
- Handling Paperwork – Legal cases involve extensive paperwork and strict deadlines. Your lawyer will manage all of the documentation, ensuring that everything is filed correctly and on time.
- Emotional Support – Car accidents can be traumatic experiences. A compassionate lawyer provides not only legal support but also emotional reassurance, helping you navigate the stress and uncertainty of your situation.
Overall, a car accident lawyer’s knowledge and advocacy skills are invaluable in securing the compensation and justice you deserve, allowing you to focus on your recovery.
What Happens at a Car Accident Trial in Court?
When a car accident case goes to trial, several important steps unfold in the courtroom to determine the outcome. Here’s a breakdown of what happens during a car accident trial:
- Jury Selection – The trial begins with jury selection, also known as voir dire. Both the accident victim’s (plaintiff’s) and at-fault party’s (defendant’s) lawyers question potential jurors to ensure they can be fair and impartial. The goal is to assemble a jury that will objectively evaluate the evidence and make an unbiased decision.
- Opening Statements – Once the jury is selected, the car accident trial proceeds with opening statements from both sides. The plaintiff’s lawyer presents an overview of the case, outlining the evidence and arguments they will use to prove the defendant’s negligence. The defendant’s lawyer then provides their perspective, explaining why they believe the defendant is not liable.
- Presentation of Evidence – The plaintiff’s side presents their evidence first. This includes witness testimony, medical records, accident reports, photographs, and expert opinions. Witnesses may include the injured party, eyewitnesses, medical professionals, and accident reconstruction experts. Each piece of evidence is aimed at proving the defendant’s liability and the extent of the plaintiff’s injuries.
- Cross-examination – After each witness testifies, the defendant’s lawyer has an opportunity to cross-examine them. This process aims to challenge the credibility of the witnesses and question the validity of the evidence presented. The plaintiff’s lawyer can then conduct a re-direct examination to clarify any issues raised during cross-examination.
- Defendant’s Case – Once the plaintiff’s evidence is presented, the defendant’s lawyer introduces their evidence and witnesses. Their goal is to refute the plaintiff’s claims and demonstrate that the defendant was not negligent or that the plaintiff’s injuries did not result from the accident.
- Closing Arguments – After all evidence is presented, both sides deliver closing arguments. The lawyers summarize their cases, highlight key evidence, and attempt to persuade the jury to rule in their favour.
- Jury Instructions – The judge then provides the jury with instructions on the legal standards they must use to decide the case. This includes definitions of negligence and guidelines for determining damages.
- Jury Deliberation – The jury then deliberates in private, discussing the evidence and reaching a verdict. They must decide whether the defendant is liable and, if so, the amount of compensation the plaintiff should receive.
An experienced car accident lawyer can aggressively advocate for you at trial and ensure that the legal process is followed fairly and impartially.
Talk with an Experienced Car Accident Lawyer About Your Case Right Away
After suffering injuries in a car crash, it’s important to reach out to a skilled car accident lawyer right away. A Calgary personal injury lawyer can discuss their contingency fee agreement with you, develop a plan of action for your case, and fight for the compensation and justice you deserve.
