The question of whether it’s worth getting an attorney for a car accident ultimately depends on your damages.
In most cases, if you suffered any form of injury or severe property damage due to another party’s negligence, a car accident attorney can be a valuable ally in securing the compensation you deserve.
An attorney may not be needed for minor accidents like fender-benders where no one was hurt. But for cases involving personal injury, lost wages, or wrongful death, legal representation may be essential.
A car accident attorney can fight to recover the costs insurance companies don’t want you to receive. Oftentimes they lowball their first settlement offer so they save money at your expense.
They may even refuse to pay you at all.
It’s worth getting an attorney for a car accident if you feel your damages are substantial enough to warrant legal action. If you’re unsure about hiring an attorney, most practices allow free consultations so they can hear you out before taking further action.
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9 Reasons to Get a Lawyer After a Car Accident
There are several myths and misconceptions about hiring an attorney that shouldn’t get in the way of your decision. If you’re unsure whether to proceed with hiring an attorney, consider the reasons below and whether they apply to you.
1. A Legal Expert By Your Side
One of the biggest reasons to get a lawyer after a car accident is their ability to analyze your case as a legal specialist.
The legal process after a car accident is intricate and taxing, resulting in 5-15% of claims getting rejected each year. A lawsuit is especially difficult if you’re still recovering from severe injuries.
A car accident attorney can provide expert legal guidance so you’ll avoid pitfalls that can potentially end your claim.
The right car accident attorney knows your state’s laws and can detail your rights throughout the whole legal process.
2. Potential to Maximize Your Settlement
The odds are against your favor if you choose to settle your car accident case alone if you suffered injuries. Insurance companies employ hundreds of adjusters ready to fight if you dispute their first settlement offer.
A car accident lawyer works to make sure your settlement accurately covers your injuries and losses. Sometimes injuries can show up days or weeks after the initial accident. One lump-sum offer may not be enough if your injury flares up once again.
3. Setting Investigations on Your Behalf
Determining who is at-fault in an accident may be difficult, especially if multiple drivers were involved.
Details can get so scrambled at the scene that the at-fault driver may claim you hit them first.
When facts are muddy, a car accident attorney can head a proper investigation to set your case straight.
They can recommend the right evidence you should gather to build a strong case for compensation, such as:
- Medical documents
- Testimonies from witnesses
- Personal journals detailing your injury
- Police reports
- Accident reconstruction records
Most states follow a comparative negligence system when determining who’s at-fault in an accident. This means multiple people can share fault for the same accident, potentially lowering your settlement if you’re unjustly found at-fault.
This situation is when a proper investigation by your attorney yields the most benefits. It’s easier to determine fault for insurance adjusters, courts, and juries if no facts are left out.
4. Handling Negotiations with Insurance Companies
Insurance companies have all the leverage in a negotiation if you’re handling them alone without an attorney.
They have a variety of methods to deter you from a proper payout, which may include:
- Dragging out your case to tempt you to accept their first offer
- Claim you admitted fault or were more responsible for the accident than the other party
- Assert that your condition was pre-existing and not caused by your car accident
Sometimes they may deny your case outright, leaving you to cover your own accident expenses.
One reason to get a lawyer after a car accident is so they can handle these tough negotiations between insurance companies. They’re trained to effectively communicate with adjusters with your best interest in mind.
5. A Proper Assessment of Your Damages
There are a variety of damages you may have sustained and you wouldn’t know until days or weeks after your car accident.
An attorney can properly assess your condition and note your potential losses, which may include:
- Medical bills
- Lost wages
- Fees for prescription medication
- Repair fees to your vehicle
Know that the mental trauma you sustained, your non-economic damages, may be compensable with an attorney. Examples of such non-economic damages may be:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Mental anguish
It’s difficult to pin a dollar-amount for such losses since they’re so subjective, which makes an attorney crucial in assessing your case.
6. Helps You Work Under Multiple Deadlines
A car accident case requires you to submit several forms with their own deadlines that may delay your settlement if you’re not careful.
One crucial deadline to follow is your state’s statute of limitations. This is your timeframe to present a car accident claim before the judge bars it from court.
If the date of your car accident is older than your state’s statute of limitations, it’s virtually impossible to receive a payout, barring certain exceptions.
Hiring the right attorney can help you stay on top of these deadlines so you bring the right evidence on-time.
7. Assists You if Your Claim Was Denied
An initial claim may get denied for a variety of reasons you can change through working with an attorney. Insurance companies may reject a claim due to:
- Not receiving enough evidence to make a conclusive decision
- A dispute over liability
- Rejecting the value of a claim
The road to approving your car accident claim may not necessarily end if your initial claim gets denied. An attorney can help you gather additional evidence or create proper legal arguments that may reverse an insurance company’s decision.
8. No Charge Unless You Win
If you’re worried whether hiring an attorney is expensive, know that most car accident attorneys work under contingency fees.
This means attorneys only get paid through a cut from your settlement (usually 30-40%) when you win. Under contingency, there are no upfront costs.
Meeting with a car accident attorney is usually free, and there are often no expenses throughout the legal process.
If your car accident attorney fails to win your case, you’re not responsible for any costs associated with your claim.
9. An Attorney Can Represent You in Court, if Needed
If you’re unsatisfied with how insurance companies handled your case thus far, your attorney can progress towards legal action. Oftentimes this means going to court when both parties refuse to agree on an adequate settlement.
The timeline for an auto accident case often ends in an agreed settlement amount between you and your insurance company. In fact, about 95% of auto cases end outside of trial according to recent data.
However, the threat of a lawsuit from your attorney urges insurance companies to handle your case with care. A car accident lawsuit is very much winnable with the right evidence and witness testimonies to back you up.
When Should You Not Hire an Attorney After a Car Accident?
Depending on your accident, your losses, and how much your insurance company offers, you may not need to hire an attorney for your case.
Two following reasons may influence your decision on whether it’s worth getting an attorney for a car accident.
1. A Lack of Injuries or Losses
The legitimacy of your case depends on proving the severity of your losses. It may not be worth getting a lawyer for minor car accidents if there are no losses to compensate.
Keep in mind that a car accident injury, such as whiplash, may present itself weeks or months after the initial claim. If you sustained a crash where you feel no injuries were present and it was a minor bump, you may not need to hire a car accident attorney.
2. An Adequate Insurance Settlement Offer
Sometimes the offer your insurance gives you actually covers all of your damages from a car accident. If you believe the offer is sufficient for your current and future losses, you don’t need a car accident attorney to push further.
Contact LegalASAP to Connect You to a Car Accident Attorney
If you’re wondering where to connect with a car accident attorney for your case, consider working with LegalASAP. Our attorney network extends to 500+ law firms located across the United States, read to help you start your claim.
Our attorneys work under contingency, so they don’t charge upfront costs and only take a cut from your settlement once you win.
If you want to schedule a FREE consultation with an attorney, start with this short evaluation form or call 1-888-927-3080 to speak to a representative directly.
Jan Reburiano is a content writer and SEO specialist for law firms focusing on personal injury, disability, employment law, among other practices. He has written and edited numerous articles and created commercial spots for broadcasters that you can find in his LinkedIn. Jan currently lives in Los Angeles, California while writing for clients from around the United States.