Should I Hire an Attorney After a Guardrail Injury?
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 a lawyer, 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 treated fairly.
Read on to learn a few more reasons why it’s a good idea to hire a guardrail accident lawyer:
- Has Access to Relevant Experts
To win a claim against a guardrail manufacturer, 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.
Dial 877-544-5323 to Speak with a Guardrail Injury Attorney
If you were hurt or someone you love died in an accident involving an ET-Plus or X-LITE guardrail, contact The Law Offices of Richard J. Serpe, PC. Reports have surfaced linking these guardrails to numerous injuries and deaths. Our law firm is proud to help victims and their families navigate the legal system and fight for the compensation they deserve. To schedule a free consultation, call or text 877-544-5323 or send us a message online.