If you want to know when to get an attorney for a car accident, the answer is now, even after a minor car accident or if you suspect the auto collision was partially your fault. An experienced car accident attorney will protect your interests and ensure you receive fair compensation.
How Much Does It Cost to Hire an Attorney for a Car Accident?
Most car accident attorneys work on a contingency-fee-basis. You pay no upfront or out-of-pocket expenses to consult and retain legal representation for your car accident.
On obtaining your final settlement, an attorney will collect fees and costs as you discussed before you hired them, and you will receive the rest. This means you owe nothing from your own financial accounts at any point during the process.
If you don’t know if you have a legitimate case or need to start processing your insurance claim immediately, contact an attorney now.
Significant Reasons Why You Should Get an Attorney for a Car Accident
The legal system is complex and confusing to navigate without knowing how it works or clearly understanding civil laws (which vary from state to state). While everyone should discuss a possible case with a car accident lawyer, several considerations make getting an attorney highly advisable.
You Want Your Claim Taken Seriously
Insurance companies will do whatever they can to get you to admit liability or say something they can use to deny your claim. They’ll also often pressure people to settle far too soon and for too little money.
Having an attorney represent you automatically alerts the insurance company that their usual tactics won’t work. They must take your claim more seriously when dealing with professionals armed with countermeasures, leading to more substantial payouts.
You Need to Establish Liability
You need a lawyer to prove liability if the accident involved multiple parties, or the negligent driver disputes responsibility. An experienced attorney can determine liability and prove negligence of the at-fault parties.
You Need Help Meeting Legal Deadlines
Having a car accident lawyer handle your car accident claim prevents missing critical legal deadlines. An attorney knows the exact process and timeline for filing, preparing, processing, and settling your claim.
You Want Experienced Negotiators
Experienced attorneys are skilled negotiators because negotiation is part of their day-to-day routine. Furthermore, they regularly negotiate with insurers and are aware of and unpersuaded by insurance company tactics.
Receiving maximum compensation requires confident negotiation skills that most people don’t possess because they are not something non-lawyers practice consistently.
You Are Injured
If a car accident injures you, hire an attorney to handle communications and negotiations with the at-fault driver’s insurer. Insurance companies do not have your best interests at heart and will undervalue your injuries in many cases.
Their bottom line is the priority, and they will do whatever they can to protect it, including delaying or dismissing claims, denying liability, and sending insultingly low settlement offers to unsuspecting car accident victims. Don’t fall for unfair practices. Have a car accident lawyer representing you.
You Missed Work
Missed work qualifies leads to lost money you would have earned from your employer if you hadn’t suffered an injury.
A car accident lawyer will help recover any lost income, including:
- Missed days after the accident
- Time off to recover
- Time off for medical appointments
- Time off for therapy appointments
- Reduced earning capacity
Most people can’t afford to lose their income suddenly. They shouldn’t have to, especially when the accident was someone else’s fault. Consult an experienced attorney to recover lost income due to a car accident.
You Suffered Property Damage
Depending on the severity of the car accident, property damage ranges from minor auto repairs like scratches and dings to the total loss of the vehicle and any personal belongings destroyed in the accident.
Property damage also relates to towing, rental cars, and any damage done to other vehicles, fences, buildings, and infrastructure in the crash. It can begin to add up quickly. Retaining an attorney may be your best chance at recovering the full costs of these losses.
You Disagree With the Police Report
Insurance adjusters rely heavily on police reports when processing claims. However, police reports can contain problems, such as factual errors, transcription errors, errors of omission, and other disputed information.
If you disagree with the police’s assessment in their reports, contact an attorney for help with your case.
What Type of Attorney Do I Need for a Car Accident?
Personal injury lawyers handle car accident claims, having skill and experience in auto or truck accidents. Seek a free consultation with a car accident attorney to advise you of your legal rights to pursue compensation for medical bills, lost income, and pain and suffering.
Types of Car Accidents You Should Discuss With an Attorney Immediately
You should call an attorney for any car accident, regardless of how minor or severe it seems. After seeking medical attention, you should always contact a car accident attorney.
Sometimes, symptoms of medical issues like whiplash don’t begin to develop until days after a car crash. and other symptoms may take longer to heal than anticipated.
Having an attorney properly assess your claim for maximum compensation, considering all medical factors, will maximize your chances for a more favorable outcome.
Minor Car Accidents
Minor car accidents, often called fender benders, often involve minor injuries and property damage that an attorney can help you recover. Even seemingly minor crashes can result in medical bills and other costly losses.
Minor car accidents include:
- Rear-end collisions
- Backing collisions
- Sideswipe accidents
- Parking lot accidents
The police might not respond to the scene of a minor crash, but you should ensure to report the matter to the authorities when you can. Because pain and other symptoms can take days to develop, you should see a medical professional and then contact an attorney.
Having an attorney to interview any witnesses and gather evidence can secure a fair settlement if symptoms worsen, persist, and cause financial loss.
Other Types of Car Accidents
Other common motor vehicle accidents that a car accident lawyer should handle include:
- Head-on collisions
- Interstate accidents
- Intersection accidents
- T-bone collisions
- Rollover accidents
- Pedestrian accidents
A car accident lawyer can navigate claims for single-vehicle accidents and chain reactions involving two or more vehicles.
What Will a Car Accident Attorney Do for Me?
An attorney will thoroughly investigate your case and perform a comprehensive claim evaluation. They will then navigate every step of the process to protect your rights and seek reasonable compensation.
An attorney does a lot for you after a car accident, including:
Protection Against Unfair Practices
One of the first benefits of retaining an attorney after a car accident is being immediately protected from unfair insurance practices that may cause a delay or denial of your claim.
Your lawyer serves as a barrier between you and a system that doesn’t make it easy to seek compensation on your own.
Communicate With the At-Fault Driver’s Insurer
Legal assistance is especially beneficial when communicating with the at-fault driver’s insurance company. The insurer’s interests lie in saving money, so it benefits them to send lowball offers while rushing car accident victims to settle quickly before the full magnitude of damages has set in.
Having an attorney eliminates direct communication between you and the insurer, removing your need to deal with their pressure to settle too soon. Now is the time to rest, recover, and heal, not stress or worry about making sure you say and do all the right things to receive the damages you deserve.
Gather and Organize Evidence
Your car accident lawyer will gather and organize all the evidence surrounding your case.
Some helpful pieces of evidence include:
- Physical Evidence: Damage at the scene, like dented guard rails, tire tracks, skid marks, and other tire markings on the pavement can help determine what happened.
- Photos and Video Evidence: Photos taken at the accident scene can help assess liability. Images of the severity of your injury and any video footage relevant to proving negligence should be collected.
- Police Reports: Police reports are often highly valuable pieces of evidence with insurance companies, especially if the report indicates fault of the other driver.
- Witness Statements: Eyewitness testimony from other drivers, parties in the crash, and bystanders at the scene can be persuasive.
- Medical Records: Documents linking your injuries to the car accident are necessary to prove your losses.
Your lawyer will also gather other documents and records verifying economic losses, like vehicle repair bills, medical bills, and lost income statements.
Interview Witnesses
While many car accident cases have witness statements attached to the police reports, some don’t, like minor car accidents. Police reports don’t always obtain the vital eyewitness accountings that your lawyer may unearth to help prove fault.
Determine Liability
Your car accident attorney will determine liability in your car accident by establishing that the at-fault party breached their duty of care and that their negligence caused the accident.
Your attorney must prove four elements of negligence and liability.
- Duty of Care: Demonstrating the at-fault party owed you a legal duty of care, like following traffic laws.
- Breach of Duty: Showing the at-fault driver breached the duty by their actions, such as distracted or unlawful driving.
- Causation: Drawing a clear line between the at-fault parties’ negligent actions or inactions and the accident.
- Damages: Documenting that you were harmed or injured due to the at-fault parties’ negligence.
If a lawyer isn’t confident they can prove the four elements of negligence, they generally won’t take the case. Consult an experienced car accident attorney to discover if you have a valid insurance claim.
Determine Your Losses and Calculate Damages
An attorney will determine your losses, including compensatory or economic damages and non-economic damages.
- Economic Damages: Tangible losses, including medical bills, car repairs, property repairs, loss of income, loss of earning capacity, and out-of-pocket expenses.
- Non-Economic Damages: Intangible losses, including emotional distress, pain and suffering, loss of enjoyment of life, loss of consortium, worsening of prior injuries, psychological impact, and disfigurement.
Punitive or exemplary damages are only possible if your case goes to trial. This is compensation awarded to punish the driver for highly reckless or wrongful behavior, such as extreme driving under the influence or drag racing. Insurance companies do not pay these damages, but your lawyer can determine whether they might be available in court.
Negotiate With the At-Fault Driver’s Insurer
After determining your losses and calculating damages, your car accident attorney will negotiate with the at-fault driver’s insurance company on your behalf. Having an experienced negotiator puts you at better odds of receiving a fairer settlement than trying to handle negotiations without one.
Explain Settlement Options
An attorney will inform you of any settlement offers that the insurer proposes and explain what they entail. Your lawyer will advise you on settlements, but you decide whether to accept the offer.
Represent You in Court
If your injury attorney and the insurer cannot agree on a settlement, they are your legal representation in court. Having an experienced attorney represent you through calling witnesses, cross-examining any witnesses, and advocating on your behalf will increase the likelihood of receiving just restitution.
Things to Consider When Hiring an Attorney for a Car Accident
Not all attorneys are alike.
Finding a reputable and experienced lawyer involves considering:
- Relevant Experience: Does the attorney have experience handling cases similar to yours? How many years?
- Trial Experience: How much trial experience does the attorney have? While most personal injury cases settle outside of court, it’s important to be confident your lawyer has trial experience if it goes there.
- Who Will Handle Your Case: Many attorneys don’t work cases solo, delegating tasks to associates and paralegals. Find out specifically who will be handling your case.
Call A Car Accident Attorney Today
The sooner you contact an attorney after a car accident, the better prepared you’ll be. It’s always worth a free consultation. Knowing you’ve put your trust in professionals passionate about protecting your legal rights and attaining the compensation you need, will grant you that much-needed deep breath of relief.
