Should I Hire an Attorney for My Guardrail Accident?
If you intend to file a personal injury or wrongful death claim after a guardrail accident, you may be wondering whether you should navigate the proceedings alone or hire an attorney. Although you have the right to bring the case without an attorney, doing so is never a good idea if you’ve suffered a severe injury or lost a family member.
Since the damages will likely be substantial, you can expect the defendant and their insurance company to resist your claim at every turn. One inadvertent mistake or misguided statement could be all it takes to cause a dispute that leads to the denial of your claim or a significant reduction in its value. Something as simple as a social media post could derail your entire case, but a skilled guardrail injury attorney can help you avoid costly errors and ensure you are fairly compensated.
5 Reasons to Consult With a Guardrail Lawyer
- Has Access to Expert Witnesses. To win a claim against the defendant, it must be shown that the guardrail was defective and that this defect was the actual or proximate cause of the injury or death. Establishing causation will likely require the deposition of an accident reconstruction expert. A seasoned attorney will have access to such an expert and will know how to get the most value out of his or her deposition.
- Can Take over Correspondence with the Opposing Party. The insurance company and guardrail manufacturer will go to great lengths to minimize their liability or to deny your claim outright. One of the most common and effective tactics they may use is to ask leading questions during a recorded conversation to elicit responses that bring liability or the severity of injuries into question. By letting an attorney take over this correspondence, you won’t have to worry about providing any harmful statements.
- Has Knowledge of Relevant Case Law and Statutes. Chances are you don’t have an in-depth knowledge of the case law and statutes that pertain to guardrail accident claims. An attorney with the right knowledge and experience can help you account for all relevant deadlines, avoid complications due to legal technicalities, and take the necessary steps to ensure your claim is as strong as possible before settlement negotiations begin.
- Can File Subpoenas for Evidence That’s Being Withheld. When facing a personal injury or wrongful death claim, guardrail manufacturers might choose to withhold evidence of liability (or fraud). Your lawyer can apply legal pressure to obtain that evidence.
- Can Help You Avoid Mistakes. We’ve already discussed a few mistakes that could derail your case such as providing a recorded statement and missing important deadlines. But there are countless other errors that might jeopardize your claim such as missing doctor’s appointments or failing to identify all potentially liable parties. Your lawyer can help you avoid critical oversights and make sure you are well-represented throughout the proceedings.
Don’t Delay, Set Up a Free Consultation
If you were hurt or someone you love died in an accident involving a guardrail, the guardrail could have malfunctioned. There are statute or limitations (legal deadlines) associated with personal injury claims. Once these deadlines have passed, you will no longer have the opportunity to make a claim. Protect your right to compensation and set up a free consultation as soon as possible. If we accept your case, we will begin an investigation, which may include preserving critical evidence, right away.