Car accidents are never great experiences and can often leave people uncertain of how to proceed. This guide will help you understand when it may be important to consult with a car accident lawyer following a collision.
Should You Always Get a Lawyer?
The short answer is no – you do not necessarily need an attorney for every car accident. Minor fender benders where nobody is injured, and property damage is low may be manageable without legal counsel. However, there are several situations where retaining representation is highly recommended:
Significant Injuries Were Sustained
If you or a passenger in your vehicle suffered injuries as a result of an accident, meeting with a personal injury lawyer is a smart move. Even seemingly minor injuries like whiplash or back pain could develop into long-term and expensive health issues down the line. An experienced attorney will know how to properly document your injuries and medical treatment to protect any potential claim.
Liability is Unclear or Disputed
Some accidents involve unclear or complex circumstances that make determining fault difficult. This is particularly common in multi-vehicle collisions or incidents involving failure to yield, passengers with conflicting stories, or ambiguous traffic signals/signage. A lawyer can conduct an independent investigation to ascertain who was truly at fault based on evidence like accident reconstruction, witness statements, and traffic camera footage. They are also experts at navigating insurance claim processes.
The Other Driver Was Uninsured or Underinsured
All states require minimum amounts of liability insurance, but these limits may not be sufficient to cover extensive injuries, medical bills, lost income, or property losses in serious accidents. If the at-fault driver lacks adequate coverage, you could be left footing massive bills on your own. An attorney can advise on uninsured/underinsured motorist coverage options through your own policy and potentially litigate to access larger compensation funds.
You Were Not At Fault But Denied Compensation
Even when blamelessly involved in accidents, insurance companies do not always promptly pay out valid injury or property damage claims – sometimes attempting to lowball payouts or deny them outright. Having an experienced car accident lawyer review the specifics of your case and negotiate on your behalf increases the chances of fair resolution, especially if you end up needing to file a lawsuit.
Long-Term Health Issues or Lost Income Could Result
The full effects of some injuries, especially to the back, neck, or head, may not be understood for months or years. A qualified auto accident attorney ensures all future medical costs and lost wages due to prolonged recovery are covered in the initial claim settlement. They also fight to secure awards for injuries like chronic pain that cannot be easily quantified.
When a Lawyer May Not Be Necessary
In contrast, there are some less complicated accident situations where legal representation provides little additional benefit over handling a claim directly with insurance:
- Minor property damage only collisions with clear liability where both drivers are insured
- Fender-benders with no reported injuries at the scene
- Incidents where insurance payout offers seem reasonable and promptly paid
- Lower-speed crashes unlikely to result in long-term health issues
In these types of minor accidents, filing a claim through your insurer without an attorney is usually sufficient. Carefully document the details yourself and cooperate fully with the claims process. If any red flags emerge or you later experience unexpected health issues, it’s not too late to consult a car accident lawyer at that point either.
When Is the Best Time to Hire a Lawyer?
The optimal stage to engage a personal injury attorney following an auto collision depends somewhat on the specifics, but in general:
- As soon as possible after any serious accident resulting in major injuries, extensive property damage or unclear liability. Timely legal guidance reduces mistakes that could undermine an insurance claim.
- Within the statute of limitations for your state, which is typically two to three years for car accident injury claims.
- Before signing any settlement agreements, releases or statements of fact with the at-fault driver’s insurance carrier. A lawyer ensures these documents don’t omit consequences you aren’t yet aware of.
- If an initial settlement offer seems too low or claim denial occurs. By this point, a legal advocate understands your full circumstances and has leverage in re-opening negotiations.
The key is acting promptly to establish an attorney-client relationship so legal counsel has the opportunity to investigate the accident circumstances thoroughly before evidence or recollections fade over time. Don’t wait until health problems or financial issues arise to bring a lawyer on board.
Important Factors Lawyers Consider
When evaluating car accident cases and potential claim values, experienced personal injury attorneys investigate several important liability and damages factors:
Liability Determination
Establishing who was at fault through review of accident reports, witness statements, traffic camera footage, evidence of distracted or impaired driving, vehicle damage patterns, and accident reconstruction if needed. Clear liability increases settlement potential.
Injuries Sustained
Types, locations, and severity of any injuries based on medical records, along with prognosis for recovery, are critical. The potential for long-term problems increases settlement values.
Present and Future Medical Costs
Documenting all medical bills to date along with projections for any necessary future treatment, rehabilitation, surgeries or lifelong accommodation. Eg. Lifetime costs of chronic pain management.
Lost Income or Earnings Capacity
Calculation of lost wages during time off work for recovery and potentially reduced future income capacity due to accident-caused disabilities are compensation factors.
Property Damage Amounts
Repair estimates or total vehicle loss valuations, along with any other damaged personal property, are due. Higher damages mean bigger settlements.
State Laws and Case Precedents
Experienced personal injury attorneys understand nuanced state laws controlling types and limits of available compensation in accidents. They draw on similar case results from past to gauge claim values.
By methodically addressing liability assignment, full medical documentation, lost income specifics and property damage amounts – in addition to understanding how state law treats such cases – experienced car accident lawyers maximize potential claim value. Their expertise negotiating with insurance adjusters further boosts client outcomes.
The Claims Process
Here are the typical steps involved after an auto accident when determining the need for legal counsel and asserting an insurance claim:
1. Exchange Info at the Scene
Get license, registration, and insurance details from all drivers. Note collision circumstances, injuries, vehicle damage, and contact info from witnesses. Take photos if possible.
2. File a Police Report
Request one if any injuries occurred or vehicles had to be towed. This establishes an official record of the incident.
3. Notify Your Insurer
Provide your policy info and details of what happened. Cooperate fully with their investigation.
4. Gather Medical Records/Estimates
Obtain documentation of exams, tests, and treatment bills for any injuries, as well as property damage estimates.
5. Insurer Contacts Other Party
They will attempt to establish fault and work to settle the claim based on their negotiated rates or any limits/deductibles in place.
6. Accept the Offer or Request a Review
If the initial settlement satisfies all incurred costs/projected issues, you may accept directly. Otherwise, consult an attorney.
7. Lawyer Negotiates or Files Suit
Experienced counsel pursues stronger offers through negotiation or pursues larger damages in court if needed. They will handle the insurance company on your behalf at this point.
8. Receive Compensation
Once agreed to verbally or ordered by the court, the full amount is paid out. Lawyers take a contingency fee from this.
The most important factors throughout this process are fully documenting details, preserving evidence, cooperating with investigations promptly, and understanding both rights and next steps – which an automobile accident attorney can clearly advise.
Does Insurance Cover Lawyer Fees?
As car accidents rarely involve solely property damage claims, most cases also include potential costs for medical bills, lost wages, and pain/suffering compensation that personal injury representation specializes in pursuing. However, insurance policies do not usually cover the contingent fees paid to lawyers out of settlement awards. Here are some key points regarding payment of attorney’s fees:
When Fees Come Out of Settlement
If a personal injury lawsuit is not required and the case instead settles out of court for injuries and damages based on the defendant’s insurance policy limits, most states allow the defendant/insurer to pay the plaintiff’s reasonable attorney fees directly from this award.
Lawsuits Trigger Defendants to Pay Fees
If pre-suit negotiations break down and a plaintiff’s lawyer is compelled to file an automobile liability lawsuit, any court judgment entered would include a provision for the defendant/insurer to also pay the plaintiff’s attorney fees in addition to damages awarded.
Contingency Fee Agreements
Nearly all personal injury law firms work on a contingency basis, meaning their fees only get paid if they successfully obtain compensation for the client. The standard contingency percentage is typically 33-40% of the total settlement value.
Arrangements Vary by State
Some states place statutory caps on contingency fees for certain personal injury case types like car accidents. Lawyers may also negotiate alternative payment arrangements directly with clients in unusual circumstances. But most fall under a standard contingency contract.
Using Your Own Insurance
In limited situations where a driver’s underinsured/uninsured motorist coverage applies through their automobile policy due to an insolvent at-fault party, lawyer fees could potentially be covered. Some states allow using a portion of these underinsured motorist benefits to pay reasonable attorney’s fees incurred in recovering compensation. However, the injured party’s insurance provider would still need to consent to any legal costs being drawn from available policy limits.
Overall, while hiring an experienced car accident attorney does involve contingent fees subtracted from a case settlement, the expertise these lawyers provide in fully investigating liability, documenting injuries/damages, and leveraging negotiations are often worthwhile. It allows clients to focus on recovery while professionals handle interacting with opposing insurance adjusters and legal processes. When medical bills and lost income could total in the tens or even hundreds of thousands, an extra 30% fee may seem a small price for peace of mind and maximized financial resolution after a crash.