Many people think it is safe to proceed without an attorney when pursuing a no-doubt liability claim, but unexpected circumstances can always occur. The attorney for a no-doubt liability claim should never allow the plaintiff to get cocky. Even simple and obvious cases generate lots of legal maneuvers, and high-profile attorneys for the person at fault for the accident will definitely try to minimize their client’s guilt and reduce their responsibility by finding reasons why you should be held partly accountable.
What Are No-Doubt Claims?
Certain automobile injuries leave little doubt that one party is responsible. These include drivers who move their vehicles into a lane where traffic is going in the opposite direction. No-doubt cases are confirmed by multiple witness observations and forensic evidence at the scene of the accident. The very nature of certain accidents proves that one driver is at fault for the accident, and the claims for injury compensation are considered all but settled. Further examples of no-doubt injury claims include:
- DUI accidents: These are always considered to be the fault of the DUI driver without any compelling evidence to the contrary. However, things could become murky if the other driver also had a drink or was suspected of being incapacitated by drugs.
- Rear-end accidents: These are usually assumed to be the fault of the back driver who crashed into the other vehicle. The back driver is assumed to have the last best chance of avoiding an accident. However, there are exceptions — such as drivers who had to stop suddenly to avoid an accident.
- Left-turn accidents: The way that our driving system is set up requires drivers to yield when making a left turn. Left turns go against the flow, so drivers are required to make sure that the turn is safe. However, no-doubt cases can change rapidly if the other driver ran a red light, or the left-turning vehicle had a green arrow to make the turn.
- Wrong-way driving: It’s hard to dispute fault for an accident when you’re driving the wrong way, but there could be circumstances that place fault on a driver who didn’t take advantage of ways to avoid the accident. Without parked cars or traffic lights, drivers on unfamiliar streets could easily go the wrong way on a one-way street at night.
Why do I Need an Attorney for a Slam-dunk Case?
Legal maneuvers can always open issues that you didn’t consider — such as your ability to avoid the collision. Any accident with unprotected pedestrians raises issues of an assumed pedestrian right-of-way, but people can do unexpected and crazy things when walking. No matter how open-and-shut your case appears, opposing counsel can upset the apple cart if you don’t have an attorney to represent your best interests.
Attorneys can also ensure that you don’t accept any low-ball settlement offers. No-doubt cases often offer a token amount to settle the case that doesn’t begin to cover the medical and rehabilitation costs of your injuries. You could also seek punitive damages in Florida for egregious cases of flouting the law and causing an injury.
Determining Liability for a Jury
Why do I need an attorney? The attorney for a no-doubt liability claim might find himself or herself in the middle of a contested jury trial as opposing counselors bring up multiple peripheral issues that could relate to ultimate liability. You don’t want to be caught without representation if the at-fault driver tries to turn things around and prove negligence on your part.
Proving Liability Can Be Challenging
Police and bystanders might be quite confident that the other driver was responsible for the accident, but proving legal liability is always a challenge that requires a sound knowledge of Florida’s laws and court precedents. Even if your case isn’t aggressively contested, other legal issues come up in liability cases that need handling, and these include:
- Filling out and filing related paperwork on time
- Getting legal advice at every step of the settlement process or trial
- Estimating the ongoing expenses of medical treatments
- Estimating expenses for work loss, alienation of affection, and other compensable consequences of your injuries
- Handling unexpected legal issues
- Meeting critical deadlines that set limits for filing for compensation
Statistics show that personal liability lawsuits receive larger settlements and jury awards for plaintiffs represented by skilled attorneys than those without legal counsel. This differential far exceeds the cost of attorney services, so it makes sound policy to hire an attorney for any no-doubt case.
Common Issues that Support Hiring an Attorney for No-Doubt Cases
Many situations could arise in a liability case, and you don’t get a do-over if you fail to hire adequate legal representation. In fact, the judge will warn you that you need a lawyer and that it’s unwise to represent yourself in important cases. No-doubt liability claims still require an attorney. Some of the issues that might arise in any liability case include:
Defective Products
What seems at first to be a clear case of driver liability could easily be revealed in court to be a failure of safety equipment. Pursuing a complex product liability case definitely requires an
attorney.
Arguments About the Extent of Your Injuries
The opposing counsel will usually represent the interests of the at-fault driver’s insurance company, and that means the lawyer will deliberately offer a low-ball settlement that doesn’t cover all your injuries and related compensable issues.
Claims of Pre-existing Conditions
The defendant’s counsel might try to claim that your injuries or accident-related disabilities are the results of pre-existing conditions. This is a common strategy to reduce the amount of any liability settlement.
Arguments About Medical Treatments
The at fault’s counsel might argue that certain medical treatments are unnecessary or argue against any procedure that is experimental or controversial.
Dispute Future Medical Expenses
Future medical expenses are always estimated because it is difficult to predict exactly how much treatments will cost in the future. Your lawyer will argue that estimating a high figure is necessary to cover every contingency, but opposing counsel will dispute these expenses in several ways.
Difficulties in Estimating Lost Wages
Long-term disability raises the issue of estimating lost wages for life, which is a process best performed by legal experts. Some estimates can be relatively straightforward based on current salary and expected average wage increases, but the process becomes complex for people who work variable schedules or have more than one job.
At-fault Drivers with Insufficient Insurance Coverage
The at-fault driver might have insufficient insurance coverage to settle your case fairly. In that case, you might need to determine whether to sue the driver personally or file a claim based on your personal underinsured motorist coverage if you have it.
Making sense of Florida Motor Vehicle Accident Laws
Why do I need an attorney? In the Boynton Beach area of Florida, the Bodden Bennett Law firm features a skilled attorney for a no-doubt liability claim who can help you make sense of Florida motor vehicle accident regulations and the complex legal maneuvering of most lawyers who represent at-fault drivers in no-doubt cases. Frankly, there is always doubt in our legal system, and it’s also important to hire an attorney to maximize your settlement or lawsuit award. Contact the Bodden and Bennett Law Group to discuss your no-doubt personal injury liability case.
