If you have been injured in a traffic accident and are considering requesting or consulting with a lawyer, you may have the following concerns and questions.
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Does it really make sense to hire a lawyer?
Are hesitant to consult a lawyer because they are worried about the cost of a lawyer
In this article, we discuss the benefits of hiring a lawyer and how to get the most out of them.
There are many advantages to consulting with a lawyer to resolve a car accident. On the other hand, there may be disadvantages and risks.
In the article, we also introduce how to eliminate disadvantages and risks, so please refer to it.
8 Advantages of Hiring a Traffic Accident Lawyer
Here are 8 benefits of hiring an attorney to help you with your car accident case:
Expected increase in compensation
Allowed to deal with insurance companies
Make it easier for the insurance company to accept your claim
No loss due to loss of work
can claim the correct percentage of fault
Appropriate residual disability grade certification
You can also consult about the frequency of hospital visits and the suspension of treatment costs.
Receive compensation quickly
Let's dig a little deeper into each reason.
(1) An increase in alimony can be expected.
With the help of an attorney, you may be able to increase your compensation to a fair value.
There are three calculation criteria for car accident compensation.
Of the three calculation standards, alimony will be the highest when calculated by the "lawyer's standard" used by lawyers and courts.
Calculation standards for alimony
Compulsory automobile liability standard: The standard by which the compulsory automobile liability insurance company calculates the compensation
Voluntary Insurance Standards: Standards by which voluntary insurance companies calculate alimony
Lawyer standards: Standards for lawyers to negotiate with the insurer of the perpetrator
The voluntary insurance company on the perpetrator's side will claim the amount of compensation calculated according to the voluntary insurance standards.
The amount calculated by the voluntary insurance standard is not appropriate. On the contrary, it is almost the same as the "compulsory vehicle liability standard," which is the minimum standard that should be compensated for victims of traffic accidents.
If you ask a lawyer, you can negotiate to pay the amount of compensation calculated according to the lawyer's standards for such claims of the voluntary insurance company.
Lawyer standards are determined based on past judicial precedents, and the amount is often two to three times that of voluntary insurance standards.
Here, let's compare the compulsory automobile liability standard and the attorney's standard alimony market.
Voluntary insurance standards differ depending on the insurance company and are not disclosed, but please consider the amount to be about the same as the compulsory vehicle liability standard or slightly higher.
Compensation amount for 3 months of hospital visits
*There is a change in the compensation fee depending on the number of
hospital visits There is a risk of reduction if the number of hospital visits is 10 or less.
If you are hospitalized for treatment of injuries caused by a traffic accident, you can claim compensation for hospitalization according to the period of hospitalization.
The compensation for admission to the hospital according to the compulsory automobile liability standard will be between 86,000 yen and 387,000 yen.
The reason for the wide range in the amount is that the amount of compensation varies depending on the number of days of hospital visits under the compulsory automobile liability standard.
On the other hand, if you calculate the compensation according to the lawyer's standards, the market price is 530,000 yen for minor injuries and 730,000 yen for serious injuries. Unlike the mandatory automobile liability insurance standard, the lawyer standard does not place much importance on the number of hospital visits.
There is a big difference in the amount of alimony between lawyer standards and other standards. Therefore, you may be able to increase the amount of compensation you receive by hiring an attorney.
(2) Being entrusted with dealings with insurance companies
Settlement negotiations with a voluntary insurance company on the perpetrator's side give the victim considerable stress. Specifically, there are many people who feel a mental burden in the following ways.
I am busy with work and child care, but I have to deal with the insurance company during the day
I was hurt by the careless behaviour of the person in charge
The person in charge uses a lot of technical terms and pushes negotiations forward
The response of the person in charge is slow, and it is difficult to solve the problem.
In addition, the voluntary insurance company on the perpetrator's side may try to take the initiative in negotiations by speaking in a way that is difficult for the victim to understand.
As a result of forcible negotiations by the voluntary insurance company on the perpetrator's side, it is not uncommon for the victim to find themselves in a situation where they have agreed on extremely unfavourable terms.
(3) Make it easier for insurance companies to accept claims
When the victim himself negotiates, it is not uncommon for the voluntary insurance company on the perpetrator's side to take a stiff attitude. Even if you insist on increasing the amount of alimony or changing the percentage of fault, it is not unacceptable in many cases.
On the other hand, if a lawyer negotiates, the voluntary insurance company on the perpetrator's side will be more likely to soften and accept the claim.
The reason for this is that lawyers, who are legal experts, can make legally valid and difficult-to-reject claims.
Another reason for softening your attitude is that if you continue to stubbornly reject the lawyer's claims, there is a high possibility that it will lead to a trial.
If you want to get through the victim's claim in terms of the amount of compensation and the percentage of fault, the best way is to ask a lawyer who is good at legal knowledge.
(4) No loss due to loss of business
Lost work injury is compensation for the loss of income caused by being unable to work due to a traffic accident.
If you are unable to take time off from work or do housework due to a traffic accident, you will have to ask the voluntary insurance company of the perpetrator to pay for lost time damages.
However, just like compensation, the amount of lost time damages is often low when calculated according to the standards of the insurance company .
If you ask a lawyer, you can recalculate the loss of business based on the lawyer's standards.
If you want to make up for lost income due to a car accident, you should consult an attorney.
In particular, the following people may benefit from hiring a lawyer.
Lost time damage is calculated at 5,700 yen per day or 6,100 yen per day
I was told, "Housewife's leave damage is determined by this amount."
The daily amount is calculated by dividing the monthly salary by 30 days.
(5) Can you claim the correct percentage of fault
Percentage of negligence is a number that indicates how much responsibility lies between the victim and the perpetrator in a traffic accident.
In most traffic accidents, the victim is also found to be at fault.
If the victim is found to be at fault, the amount of settlement money that can be received will be reduced accordingly.
However, the percentage of negligence presented by the voluntary insurance company on the perpetrator's side is not always correct.
The percentage of negligence is determined by taking into consideration the circumstances of the accident and the circumstances at the time of the accident. It is.
If the percentage of fault is not correct, the victim will be reduced the settlement amount more than necessary.
If you ask a lawyer, you can calculate the exact percentage of fault and have the perpetrator claim it.
If you are unsatisfied with the percentage of fault proposed by the perpetrator, you should consult an attorney.
(6) Appropriate residual disability grade certification
If you are left with aftereffects from a traffic accident, you will need to apply for “residual disability grade certification.".
This is because if you receive a residual disability grade certification, you will be able to claim new settlement fees such as "residual disability compensation" and "lost profits."
However, it is not always possible to obtain an appropriate result if you apply for a residual disability grade certification.
If the application documents are insufficient, the grade may be lower than the grade that should be certified, or the certification may not be obtained in the first place.
(7) You can also consult about the frequency of hospital visits and how to deal with the cancellation of treatment costs.
There are many victims who unknowingly act to have their compensation reduced while receiving treatment for injuries caused by traffic accidents.
For example, if you do not follow the frequency of hospital visits to a certain extent, the alimony may be lower than the market price. In addition, there are points to be followed when receiving treatment at an osteopathic clinic.
By receiving the advice of a lawyer, you can receive treatment with peace of mind while paying attention to the above points.
In addition, as a trouble that can occur during treatment of an injury, there is also a problem such as "the voluntary insurance company on the perpetrator's side asks us to stop paying for treatment."
If the medical expenses are cut off, the victim himself needs to pay for the medical expenses.
Whether or not the treatment costs will be paid after the termination is up to negotiations with the voluntary insurance company, so there is no guarantee that the full amount will be returned.
(8) You can receive alimony etc. quickly
Basically, victims of traffic accidents can receive settlement money, including compensation, after a settlement is reached.
Therefore, the longer the settlement takes, the later it will be before you receive the settlement money.
If the victim himself negotiates, the attitude of the voluntary insurance company on the perpetrator's side may be stiff, and it is often difficult to receive the settlement money.
If you are a lawyer with a wealth of experience in resolving traffic accidents, you know the points of out-of-court negotiations.
In addition, the attitude of the voluntary insurance company on the perpetrator's side may soften, allowing settlement negotiations to be completed sooner.
If the scale of the accident is large or there are many conflicting claims, negotiations may take a long time, even if a lawyer negotiates out of court.
Even in such a case, the lawyer can tell you how to receive the money before the settlement is concluded.
In a related article, we explain what changes can be expected for victims by consulting with and requesting a lawyer about their worries about a traffic accident.
If you are wondering whether to leave the settlement of a traffic accident to a lawyer or if you are considering whether to consult a lawyer, please take a look at it.
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