Auto accidents happen fast, and you may be injured suddenly after a severe accident that wasn’t your fault. Confusion is understandable, including whether to get an attorney for a car accident. Below, we outline several ways to know if you should retain an attorney in your auto accident case. If you have questions, speak to a car accident attorney today. They will review your case for free and tell you if an attorney can help.
When You Don’t Need An Attorney For A Car Accident Claim
First, let’s explain the times you probably do not need an attorney for your car accident claim:
You Have No Injuries
You probably don’t need an attorney with only property damage in a crash. You don’t have personal injuries, so there are no damages to compensate you. Usually, your auto insurance policy will pay for your vehicle repairs or replacement. If another party causes the crash, your insurance company will demand compensation from the other party’s insurance policy.
You Aren’t Seriously Injured
A car accident is almost always upsetting and stressful, but cars are safer than ever, and injuries aren’t always serious.
For example, if you are rear-ended at a low speed by another driver, you may have a minor injury. Perhaps you hit your hand on the steering wheel, and it’s sore but nothing more. In this case, you may not need to hire an attorney. You should always go to the doctor on the same day if you have injuries. Your injury may be more severe than you thought.
You Don’t Need Compensation For Your Losses
In many car accidents, you may not have any losses. Hiring a lawyer and filing a lawsuit is unnecessary if you don’t have medical bills or lost income. You may need to contact the other driver’s insurance company to cover your vehicle damages. Or, you may file the claim with your insurance company, and it will get reimbursement from the other party’s insurance.
You Caused The Accident
If you caused a car accident, you don’t need to hire a car accident lawyer. Your insurance company will assign a car accident attorney to work with you. The attorney assigned by the insurance company works for them, so you don’t need to pay anything.
When You Should Get A Car Accident Lawyer
There are several scenarios when you should hire an auto accident attorney. Having an attorney guiding you during this difficult time will ensure the most favorable outcome:
You Didn’t Cause The Car Accident
If you are a car accident victim, you should hire a lawyer. A car accident attorney will protect your rights and ensure you get the most money for your losses. Attempting to negotiate a settlement with the other driver’s insurance company may result in less compensation than you deserve. It can be a grave issue if you have severe injuries and don’t get fair compensation for your injuries and medical treatments.
You Have Significant Injuries
You should always retain an auto accident attorney after a car accident that isn’t your fault if you suffered a severe injury. A severe injury can be many things, but it usually means you require more than a visit or two to the doctor to heal. Also, if you have injuries that take weeks or months to heal, and there is any question about a full recovery, always hire an attorney. You also should always have a car accident lawyer if you need hospitalization or surgery.
Some severe auto accident injuries that should make you retain a lawyer are:
- Broken bones
- Neck and back injuries
- Internal injuries
- Head trauma
- Spinal cord injury and paralysis
A car accident attorney is trained and experienced in the law and will ensure you get fair compensation for your injuries. Most seriously injured people don’t know what their claims are worth or how seriously injured they are. It’s easy for a non-attorney to underestimate how much compensation they should receive. You may require months of medical care and not know it. One of your attorney’s main jobs is fully understanding your injuries and prognosis and getting you the most compensation.
Your Accident Claim Was Denied
Sometimes, a car accident victim will try to handle their own severe injury claim. They are often shocked to discover that their claim is denied. Your claim can be denied by your insurance company or the other driver’s insurance provider. Or, the insurance company may offer a fraction of what you deserve.
You can appeal a claim denial, and a car accident attorney can help. Ensure that an attorney reviews your case before signing any paperwork.
You Have A Previous Injury
The insurance company will want to review your medical history before settling a claim. If you were previously injured in the same part of your body, it can be used against you. The insurance company may contend that you were more susceptible to injury in the crash because of the previous injury. However, you are still eligible for compensation, regardless of previous injuries. It is a complex situation and should be handled by an attorney.
Insurance Company Offers A Small Settlement
It’s common for auto insurance companies to offer injured parties without a lawyer a small settlement. The adjuster is testing to see if you will accept a pittance when you should get much more. For example, the insurance adjuster might offer $5,000 when you have broken bones from the accident. They know the case is worth much more, but the adjuster wants you to settle before hiring an attorney.
Generally, if you get a settlement offer, have a car accident attorney review it. The initial consultation is free, and you don’t pay out of pocket for a personal injury attorney. They are compensated from your settlement or jury award. Always have a lawyer review the settlement offer, and they’ll tell you if it’s fair and if they can do better.
You Were In A Multi-Vehicle Accident
Multi-vehicle car accidents are notoriously complex and challenging to sort out. Many people can be liable and injured. A car accident attorney is the best way to protect your rights. Also, you should always have a car accident lawyer in a commercial truck accident. These are serious crashes with severe injuries, and your attorney should negotiate with the company’s insurance provider.
It Was A Hit-And-Run
If you are in a hit-and-run crash with injuries, you should hire a personal injury lawyer. Your attorney may work with the police to find the driver. Also, your attorney can help you file an uninsured driver claim on your policy if you have such coverage.
Fault Is Contested
It’s common for one driver to blame the other in an accident. If the fault for the crash is unclear, you should have an attorney represent you. The last thing you want is to have a severe injury and get blamed for an accident you didn’t cause. Your attorney will carefully review the accident and determine how it happened.
Common Auto Accident Lawsuit FAQs
There are many other questions that people ask after car accidents and lawsuits. Here are the most common ones:
What Damages Can I Get In A Car Accident Lawsuit?
If you were in a severe accident and have injuries, you may want to file a personal injury lawsuit. If your attorney proves that the other party violated their duty of care and injured you, you can receive compensation for:
- Current and future medical expenses: You can receive funds for medical bills, ambulance expenses, rehabilitation, prescription drugs, etc. You also may be entitled to future medical care if you have serious injuries.
- Lost earnings: You can receive money for your past lost income and future lost earnings for a severe injury. You can receive money for your lost ability to earn a living if you are partially or fully disabled from the accident.
- Pain and suffering: You can receive compensation for physical pain and suffering in a car accident lawsuit. The amount is subjective, but your attorney will argue for the most possible based on similar accidents and injuries.
- Mental suffering: Severe accident injuries cause mental and emotional suffering, and you should be fairly compensated.
How Long Will It Take To Settle My Car Accident Lawsuit?
It depends on many factors, including who was at fault, who caused the accident, and the severity of injuries. Some auto accident lawsuits settle in a few months, while others take years. If your claim is settled out of court, you can receive a check within a few weeks or up to six months.
How Much Will My Car Accident Lawyer Charge?
Car accident attorneys are paid by contingency agreement, not upfront. You may pay between 33 and 40 percent of whatever you receive at the end of the claim or lawsuit. Ensure you fully understand how much your attorney will be paid before signing any legal agreement.
How Can I Get More For A Car Accident Lawsuit?
You should get medical attention as soon as possible. You need to show that you got medical care quickly after the accident because of your injuries. If you wait a week to get medical care, this may negatively affect your claim. The insurance company will question why you didn’t get care and can offer a lower settlement.
Should You Always Go To The Doctor After A Car Accident?
You should usually go to a doctor after an auto accident. You never know if you have an injury, and it can take a few days to manifest.
However, if you are simply tapped on the bumper by another car and only have vehicle damage, going to the doctor isn’t necessary. If you have any doubts about being injured, seek immediate medical care.
How Will A Car Accident Attorney Get Me More Money?
Car accident attorneys know your state’s law, how to negotiate with insurance companies, how to value claims appropriately, and how to argue persuasively in court if settlement efforts fail. Your attorney can almost always obtain more money in a personal injury lawsuit than you can. Most attorneys in car accident lawsuits are well worth the fees they charge.
How Long Do I Have To File A Car Accident Lawsuit?
It depends on your state’s statute of limitations. Many states offer a two-, three-, or four-year statute of limitations to file a lawsuit. This means you have only time from the crash date to file the lawsuit. The sooner you file your case, the better.
You should file a car accident claim with your auto insurance provider within a reasonable time. Most auto insurance policies state you should file a claim within 30 days.
How Much Can I Get In A Car Accident Lawsuit?
It depends on many things. Mainly, how much you receive in a car crash lawsuit boils down to the severity of injuries and the cost of treatment. A fractured arm may be worth $10,000, but several broken bones that require surgery and rehabilitation can be worth ten times as much.
A skilled auto accident lawyer can review your case today and provide a rough estimate of the potential case value.
Summary
There are times when you should hire an attorney after a car accident. However, always call an auto accident attorney in your city if you have questions about your case. A car accident attorney will review your case for free and tell you if you should hire an attorney. Regardless of what they tell you, you aren’t obligated to hire that attorney. No experienced auto accident attorney will take a case without a high probability of substantial compensation. Personal injury lawyers work on a contingency fee basis, meaning they are paid from your settlement.
Speak To A Car Accident Attorney Now
You’ve suffered an injury in a car accident by another driver. You suffered an injury, are unable to work, and the pain is overwhelming you. Don’t suffer alone. You may be entitled to compensation for your losses. Speak to a car accident attorney in your area now for more information.
