When you're involved in a serious car accident, you need to find a personal injury lawyer who can help you receive full compensation entitled to you under the law.

• Will I have to go through a jury trial if I hire an attorney?
• What should I do if I am involved in an auto accident?
• What are my legal rights in an auto accident?
• What is an auto accident settlement?
• Is a lawyer necessary for all auto accidents?
• What about insurance adjusters?
• What if the accident was caused by intentional wrongdoing?
• What if the accident is my fault?
• Will I have to go through a jury trial if I hire an attorney?
  

What should I do if I am involved in an auto accident?

Immediately after an auto accident, make sure to call police. Then, exchange names, addresses, phone numbers, driver's license numbers, and other information of anyone involved in the car crash. It would also be helpful to get the information of any potential witnesses to the accident.

When trading information with the other driver(s) it's important your rights aren't sacrificed. Avoid admitting fault or proceeding to try to settle the case individually. The best advice is to collect the necessary information and contact a legal representative.

Here are some other tips to consider after an auto accident:

• Remain Calm - Turn off the ignition to your vehicle and turn on your hazard lights.
• Get Help - If anyone is injured, call emergency services immediately. If someone is injured, do not attempt to move them unless it is a life threatening situation.
• Warn Others - Warn approaching motorists of the accident if it's occurred in a place that is hard to spot for oncoming motorists.
• Call the Police - After securing the scene and making sure everyone is ok and emergency help has been called for, call the local police.
• Gather Information on other Driver(s) - Exchange the information talked about above.
• See Your Doctor - If you have any injuries, be sure to see a doctor right away so that he can document them.
• Contact Your Insurance Company - You also need to let your insurance company know that you've been in an accident.
• Contact an Accident Attorney - Contact B. Joseph Davis or another personal injury attorney if you have any injuries. At the law offices of B. Joseph Davis, you can receive a free initial consultation to discuss your case.

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What are my legal rights in an auto accident?

Before giving any information to an insurance adjuster, it's best to contact a lawyer to help inform you of exactly what your rights are after an auto-accident. At the law offices of B. Joseph Davis, you can get a free initial consultation to discuss your auto accident case.

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What is an auto accident settlement?

Every year a lot of vehicle accidents occur that cause death, injury, and property damage. All of these can cost a lot of money for the people involved. A settlement is determined by the damages and injuries resulting from the accident. Also to be determined after a vehicle accident is who is liable for the auto accident.

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Is a lawyer necessary for all auto accidents?

This depends. For most small "fender benders," acquiring the assistance of a lawyer isn't necessary. However, if there is extensive personal injury or regardless of the amount of property damage, it is wise to talk to a lawyer about your rights.  Because car bumpers are now designed to be extremely resilient, it is oftentimes the case that there isn't an extreme amount of property damage even though the occupant(s) experience extreme amounts of trauma.  And although it is impossible to tie the amount of injury to the occupant(s) to the amount of property damage insurance companies and their hired guns love to dangle this argument in front of a jury.

Occasionally certain insurance companies will try to pressure you into quickly taking a settlement and if you don't they will just drag it out as long as possible. Don't feel pressured. If you have any questions, feel free to contact B. Joseph Davis for a free initial consultation.

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What about insurance adjusters?

The most important thing to remember about an adjuster from the other side's insurance company is that their first and foremost duty is to the insurance company. They may look for ways not to pay you or attempt to get you to quickly "settle" for a small amount. Don't take any chances. Contact the law offices of B. Joseph Davis for a free initial consultation before signing anything.

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What if the accident was caused by intentional wrongdoing?

If someone intentionally crashed their vehicle into your property or vehicle, they may be liable for punitive damages. Punitive damages are designed to punish the person who intentionally caused you harm. If someone has intentionally wrecked their vehicle into your house, garage or vehicle, contact B. Joseph Davis for a free initial consultation to see if punititive damages are applciable in your situation.

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What if the accident was my fault?

Don't automatically assume the accident is entirely your fault. Other circumstances (someone swerving or stopping suddenly, a pedestrian wandering into the road, etc.) may have had something to do with the accident. Your lawyer can help you determine if you are at fault for an accident. Your lawyer can also stand by you to make sure your insurance company covers you fairly. Protect your rights and assets even if you think it may be your fault by contacting personal injury lawyer B. Joseph Davis.

Will I have to go through a jury trial if I hire an attorney?

Jury trials are very rare and in my experience only occur when the at-fault party is being represented by one of the major insurance companies.  These companies often use in-house legal counsel to defend their at-fault insureds and accordingly only have the insurance company's interest in mind.  Their interest is always the same--save money. 

What is most saddening about these cases that do proceed to trial is that most of the time their insureds 1) know and admit that they are at fault, 2) know that they caused the injured people serious and oftentimes permanent injuries, and 3) really don't want to be there.  Nonetheless the insurance company will drag their own insureds and the injured people through the mud, mentally exhausting them, to hopefully save a little money. 

Most juries probably think that the defendant has insurance and won't have to pay out of his/her own pocket but unfortunately the insurance companies have successfully lobbied to keep this information away from Indiana juries.  Accordingly some juries error on the side of caution and award less money to the injured persons than they deserve due to fears of the defendant having to pay for it out of pocket. 

I don't know any attorney that would take a case to trial against a defendant that didn't have insurance unless the defendant was practically a multimillionaire.  The reason for this is simple--the defendant could discharge any amount awarded in a simple Chapter 7 Bankruptcy.  Keep in mind--attorneys advance their own time and money and only get paid in the event they recover money.  This is the essence of a contingency fee arrangement.  The attorney's fee is contingent upon recovering actual money, not just simply a jury verdict that is noncollectable.

Realistically if a Defendant didn't have insurance they couldn't afford an attorney to represent them through a complaint, answer, interrogatories, requests for production of documents, depositions, a mediation and then a multi-day jury trial.  And more to the point why would they pay all of these expenses if they could file bankruptcy right after the accident and never have to even get sued at all.

So, the short answer is:  It is very unlikely you will have to go through a jury trial.