Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

Top Questions to Ask Automobile Accident Lawyers After a Rear-End Crash

Sep 13, 2024

Have you been in a rear-end accident? If so, you probably have lots of good questions. At the Spence Law Firm, our automobile accident lawyers are always happy to help accident victims understand their circumstances. Understanding brings a level of peace needed during stressful auto accident situations.

Two automobile accident lawyers conversing.

Who Can Be Held Liable for My Accident?

Depending on your circumstances, various parties may be held liable for your rear-end accident, including:

  • The driver of the car in front
  • The driver of the car in back
  • Drivers of other vehicles
  • Pedestrians and bicyclists
  • An auto repair shop
  • A brake part designer or manufacturer

It all depends on who acted negligently to cause the accident. For example, if a driver is following another vehicle too closely and rear-ends them, they will likely be liable for the accident. However, if a driver stops in the middle of the blind curve and is struck from behind, they might be liable for an unreasonably dangerous stop.

Regarding auto repair shops, faulty brake jobs can most definitely lead to rear-end crashes and subsequent liability for the auto repair establishment. Similarly, defective brakes that fail and cause a crash can result in liability for the brake’s designer, manufacturer, distributor, or retailer.

A close investigation into the facts of a rear-end collision is always necessary. Our automobile accident lawyers comb through every detail meticulously to find the at-fault party and demand damages.

What Damages Can I Recover for My Injuries and Losses?

Automobile accident damages typically include a mix of uncapped economic and non-economic damages, including:

  • Expenses related to medical and hospital care
  • Lost wages and lost future income
  • Home-care services
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Emotional distress

Generally speaking, the more serious the injury, the more damages you are likely to receive. However, every case is unique. Victims with identical injuries may receive different damages due to the difference in the impacts on their respective lives.

What Kinds of Records and Evidence Do I Need for My Claim?

Evidence is crucial in auto accident cases. Victims must prove how an accident occurred, who is liable, and prove their losses as well. Strong forms of evidence in crash situations include:

  • Camera footage
  • Witness testimony
  • Accident reports
  • Medical records
  • Work schedule and proof of missed workdays
  • Accident reconstruction data

What’s Your Approach to Negotiating With Insurance Companies?

Another important question to ask an attorney is, “What is your approach to negotiating with insurance companies?” In most cases, the answer should demonstrate that they are aggressive with insurance companies.

You see, insurance companies are for-profit businesses. They collect premiums in the hope of never having to pay claims. When they do have to pay out a claim, they see their profits dip.

As such, there is an incentive to convince or compel you to take less or to deny your claim altogether. In many cases, they are successful, principally because many victims communicate with insurance companies without representation. Adjusters use an array of tactics to achieve their goals, including:

  • Convincing you to take a quick payout
  • Having you make a statement and using your words against you
  • Ghosting you for long periods of time
  • Delaying

When you have an experienced and aggressive auto accident attorney representing you, the game changes. Insurance companies put away many of their tricks and tactics when a victim hires an attorney. The threat of legal action compels them to operate in good faith.

What Are Your Fees and Payment Structure?

As a car accident victim, you will likely be under a contingency fee structure, which involves no payment to your attorney unless they win. If they do win, they will receive between 33% and 40% of your final award. Additionally, there are no upfront payments, so victims need not use their funds to prosecute the case.

What Should I Expect Throughout My Case?

Knowing what to expect throughout your case will bring you peace of mind in an often tumultuous time. Most attorneys will spell out the basic procedures most clients can expect, which includes investigations and insurance negotiations principally. If negotiations do not produce a settlement, litigation and trial may be possible.

FAQ

What Is the Statute of Limitations for Automobile Accident Cases?

In Wyoming, there is a four-year statute of limitations for most car accident cases, beginning from the date of the car accident. Note that there are some exceptions and you may have a shorter time to file a claim, so do not delay — if you have been injured in a car crash, reach out to an attorney right away. Although four years seems like a long time, rear-end crash victims should always make haste when pursuing damages. The longer one waits, the more likely they will have trouble collecting a proper sum.

What Should I Do After a Rear-End Collision?

After a rear-end collision, you should:

  • Get to a safe place
  • Call 911
  • Ensure a police or accident report is filed
  • Exchange information with the other driver or drivers
  • Seek prompt medical care
  • Take photos of the scene
  • Gather insurance, medical, and other related documents
  • Contact an experienced auto accident lawyer

Your health and financial well-being depend on taking the right steps. For guidance, do not hesitate to call the Spence Law Firm.

How Much Is My Case Worth?

As mentioned, the seriousness of your injuries plays a major role in the damages you receive. However, other factors also come into play, such as:

  • The experience and skill of your automobile accident lawyer
  • The complexity of the case
  • The nature and quality of the evidence
  • How quickly a victim hires an attorney

At the Spence Law Firm, our representation makes a difference in auto accident cases. Every action we take is for the purpose of maximizing your claim.

Need an Auto Attorney? The Spence Law Firm Is Ready to Help

We’ve got answers to your questions and the personalized guidance and counsel you deserve. Our auto accident attorneys are ready to leverage our years of successful experience to recover maximum damages for your losses. If you are dealing with pain and setbacks from an auto accident, we are here to help.

Schedule a free consultation with The Spence Law Firm, LLC

Meet with us.

If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.