The Accidents and the Legal Support

In most road accidents, the presence of a lawyer is superfluous, however there are cases where his assistance is essential. Let’s see which cases are in question and by whom the lawyer is paid.

Lawyer for road accident

The Overland Park Accident Lawyer is necessary in all cases in which, in addition to damage to property, there have also been damage to persons and the compensation procedure is particularly difficult. As established by the Supreme Court, in most cases, the lawyer is paid by the insurance company.

This is justified by the fact that the legal costs incurred as a result of the road accident constitute a financial damage produced by the accident and, consequently, the injured party has the right to obtain reimbursement of the expenses incurred.

Let’s see the two cases that could occur in the procedure for obtaining compensation from the insurance:

In case an agreement is reached between the injured party and the insurance, the insurance will pay the legal costs, even if the choice to be assisted by a lawyer was made solely by the client and not by the insurance. In practice, when the insurance will present the compensation to the motorist, this will also include the expenses incurred for the management of the practice (i.e. the lawyer’s fee and any compensation for the coroner who prepared the report on physical damage). 

To allow the insurance to settle the right amount, including the solicitor’s fee, the client should agree from the beginning with his lawyer. For this reason, although a verbal agreement between lawyer and client is also allowed, a written agreement would be preferable (also to prevent the later, in the event that the motorist and the lawyer agree in advance (i.e. at the time of the assignment of the claim management assignment) the amount of the compensation, the latter, if accepted by the insurance will be paid out in the agreed amount.

If you choose a lawyer

Some insurers have a list of external legal assistance providers with whom they have price agreements. They put this forward if you indicate that you want to choose a lawyer yourself. However, you are not required to choose from this list. You can choose a lawyer yourself.

If you are involved in a procedure by someone else, for example as an employee by your employer, you have the right of free choice of lawyer in any case. After all, you will have to defend yourself in that case.

On the other hand, in the event that the lawyer and the client have not agreed on the amount of the fee, the lawyer can present his request at the end of the practice by presenting the relative invoice. At this point, the insurance will decide to what extent to accept it and any excess compensation must be paid by the customer.

Antonio Pinto Gomes

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