Key Takeaways
| Key Takeaway | Description |
|---|---|
| Consult an attorney after any car accident injury | Even minor injuries can have complications. An attorney protects your rights. |
| Attorneys help maximize compensation | They negotiate with insurance for full and fair payment for medical bills, lost wages, pain/suffering. |
| Don’t talk to other driver’s insurer alone | They seek info to pay you less. Consult attorney first. |
| Statute of limitations applies | Deadlines exist to file injury claims or lawsuits. An attorney ensures timely action. |
Introduction
If you’ve been injured in a car accident that was someone else’s fault, you may be wondering if you need to hire an attorney. The answer in most cases is yes. Consult an attorney as soon as possible after any car accident where you sustained any type of injury, even a minor one. Here’s an in-depth look at key reasons accident injury victims benefit from legal representation along with guidance on choosing the right attorney.
Why You Need a Lawyer After a Car Accident
There are several important reasons why it’s highly advisable to consult an attorney after sustaining any injuries in a car crash. An experienced lawyer can help you:
Maximize Compensation for Your Injuries and Damages
The top reason to hire a car accident lawyer is to have an advocate on your side representing your best interests during the insurance claims process. An experienced attorney assists in valuing injuries and damages and negotiates for full and fair compensation from the at-fault driver’s insurance company.
Without knowledgeable legal guidance, accident victims often settle for far less than they deserve. Insurance providers aim to pay as little on claims as possible, even if it fails to sufficiently cover expenses and losses from the victim’s perspective.
A good lawyer levels the playing field and handles dealings with insurers to pursue maximum available compensation. This includes current and future:
- Medical expenses: Doctor, hospital, therapy bills
- Lost income: Wages lost due to missing work during recovery
- Loss of future earning capacity: If injuries are permanent and impact ability to work
- Property damage: Repair or replacement cost of vehicle, other damaged property
- Pain and suffering: Monetary compensation for physical and emotional distress
By itemizing all accident-related costs and advocating aggressively on your behalf, a skilled attorney negotiates settlements that fully cover the true extent of your damages.
Determine All Available Coverage
Beyond the at-fault driver’s liability coverage, there may be other possible avenues for obtaining compensation after an accident:
- Your own auto policy: Covers medical payments, lost wages, collision repairs, etc.
- Other liable drivers: Crashes often involve multiple negligent parties
- Uninsured/underinsured motorist coverage: Protects you if driver has inadequate or no insurance
- Umbrella insurance policies: Provide additional liability coverage beyond regular auto insurance
- Product liability: If a defective vehicle part caused the crash
- Premises liability: If poor property maintenance caused the accident
- Employer insurance: May cover injuries if you were driving for work
A diligent attorney thoroughly investigates the accident circumstances to identify all potential sources of compensation available. This maximizes the amount you can recover.
Handle Negotiation and Paperwork
Insurance claims processing, demands, settlements, lawsuits, and more involve complex legal processes and paperwork. Experienced lawyers are familiar with all documentation, laws, and regulations and can handle the details efficiently on your behalf. This includes:
- Communicating with insurance providers
- Drafting legal filings and demands
- Completing paperwork to apply for benefits
- Determining all required supporting documentation
- Meeting all procedural deadlines
- Negotiating fair settlement of claims
- Taking legal action if needed
Allowing a legal professional to manage paperwork frees you to focus on recovery.
Investigate the Accident
From visiting the scene to preserving evidence, an attorney thoroughly investigates an accident to determine fault and build the strongest possible case for compensation. Actions may include:
- Inspecting damaged vehicles
- Photographing the scene, vehicles, and injuries
- Securing medical records and bills
- Obtaining police reports
- Interviewing eyewitnesses
- Gathering contact info for involved parties
- Consulting experts to reconstruct how the crash happened
- Researching contributing factors like weather or traffic conditions
Comprehensive analysis and documentation of how and why the collision occurred provides proof for insurance claims and legal action.
Deal with Insurance Companies
Insurance carriers have teams of adjusters, negotiators, and even attorneys working to minimize claim payouts. It’s essential for injury victims to have their own legal advocate on their side with the expertise and leverage to deal directly with insurance companies. An attorney levels the playing field by:
- Refusing to let adjusters lowball claim valuations
- Pushing back against unfair settlement offers
- Educating insurers on full extent of damages and suffering
- Demonstrating a willingness to take legal action if needed
- Having knowledge of insurance regulations and applicable laws
Without seasoned legal representation, victims may feel intimidated dealing with insurers and end up accepting inadequate compensation.
Don’t Talk to the Other Driver’s Insurance Company
A common mistake people make after an accident is discussing the incident with the other driver’s insurance company before consulting with an attorney. The insurer’s goal is to pay as little as possible on a claim, so adjusters will ask questions aimed at gaining information to reduce liability payments.
Even answering basic questions can work against you. Details you provide may be used inaccurately or out of context later. Politely refuse to provide any recorded statement or discuss the accident with another insurer. Immediately refer them to your attorney. This ensures your legal team handles all communications protecting your best interests.
When to Hire a Lawyer After an Accident
It’s advisable to consult an attorney immediately or as soon as reasonably possible after any car accident in which you suffer any injuries. There are several reasons it’s critical to hire legal counsel quickly:
- Get early investigation of the crash while evidence is still fresh
- Ensure witnesses’ recollections are captured soon after the incident before memories fade
- Promptly receive proper medical diagnosis, treatment, and documentation of injuries
- Obtain legal guidance before making any statements to insurers
- Avoid accidental admissions or saying anything that could compromise your case
- Have help meeting strict claim filing deadlines
- Make sure no legal rights are waived by waiting too long
Ideally, initial contact with an attorney should occur within 1-2 days following an accident. Many personal injury firms offer free first consultations, so you have nothing to lose by hiring representation right away.
Statute of Limitations Deadlines
Each state sets legal deadlines, known as the statute of limitations, for taking various actions related to pursuing compensation after an auto accident injury. These include:
- Deadline to submit notice of an insurance claim
- Notice period before suing notifying parties they may be sued
- Formal deadline to file a personal injury lawsuit
Time limits range from 1-6 years depending on the state and specific type of legal claim. Some examples of state statutes of limitations:
| State | Deadline to File Lawsuit |
|---|---|
| New York | 3 years |
| California | 2 years |
| Florida | 4 years |
| Texas | 2 years |
Smaller windows like 30 days up to 1-3 years may apply to submitting notice of insurance claims.
An experienced lawyer intimately understands applicable statutes of limitations and ensures all deadlines are met. Missing a key date can destroy your legal rights. It’s risky to pursue compensation without counsel versed in these regulations.
What a Car Accident Lawyer Does For You
Retaining legal counsel promptly after a collision provides you with dedicated legal representation throughout the claims process. A lawyer handles critical actions such as:
Investigating the accident
- Visiting the crash scene as soon as possible before conditions change
- Taking photos documenting damage and injuries
- Measuring skid marks and other key evidence before it disappears
- Interviewing eyewitnesses and obtaining their account while memories are fresh
- Consulting police and experts to reconstruct how the crash happened
- Researching factors like weather and road conditions that may have played a role
- Securing contact information for all parties involved
- Collecting all available documents and evidence
Thorough investigation and documentation provides proof of how the crash occurred and who was liable.
Managing insurance claims
- Notifying your insurance provider of the accident and helping file a claim
- Contacting the at-fault driver’s insurer and opening a liability claim
- Identifying other available insurance policies that may provide coverage
- Valuing damages and submitting demands to insurers
- Negotiating fair settlement offers for compensation
- Pursuing maximum benefits available under applicable policies
Experienced attorneys maximize payouts from all viable sources.
Filing paperwork
- Help complete necessary documents like insurance forms
- Draft demand letters to at-fault drivers and insurers
- Monitor case progress and key dates
- File a lawsuit before legal deadlines if a fair settlement isn’t reached
Proper documentation and meeting deadlines is essential.
Determining liability
- Analyzing police reports to establish fault
- Researching applicable traffic laws and regulations
- Assessing actions of each driver involved
- Identifying any other liable parties besides negligent drivers
A liability claim requires definitive evidence of responsibility.
Proving damages
- Maintaining detailed records of all medical expenses
- Obtaining doctors’ prognosis reports on expected recovery
- Projecting value of future medical treatment likely needed
- Calculating income lost from missed work due to the accident
- Assessing impact on future earning capacity
- Tabulating costs for property damage, repairs, rental car fees
- Documenting pain and suffering damages
Thorough valuation of all damages provides justification for requested compensation amounts.
Advising you
- Educate you on the claims process, laws, and your legal rights/options
- Explain meaning of insurance policies, demands, and other documents
- Keep you updated on status of your case at every stage
- Discuss settlement offers and whether to accept or decline
- Prepare you for potential trial proceedings if necessary
An attorney explains the process and helps you make informed decisions.
Resolving your case
- Negotiating fair settlement offers from insurers
- Taking legal action in court if adjusters refuse reasonable demands
- Trying the case before a judge or jury if no settlement is reached
- Ensuring you receive full legal entitlements
An attorney fights on your behalf all the way through case resolution.
Questions to Ask When Hiring an Attorney
Not all attorneys possess equal knowledge of personal injury law and experience with car accident cases. When researching legal counsel, some key questions to ask include:
- How long have you practiced personal injury law? Look for at least 7-10 years handling these cases.
- What percentage of your current caseload involves auto accident injuries? Seek an attorney focused on this specific field.
- How many car crash cases have you taken to trial? Avoid lawyers who primarily push for quick settlements.
- What is your success rate negotiating settlements with insurance companies? Experience getting insurers to pay maximally is key.
- Will you personally handle every aspect of my case? Seek hands-on representation from an attorney directly.
- How quickly do you typically get involved after an accident? Fast response matters.
- Are you available to start investigating my crash now? Immediate attention is ideal.
- What are your fees? Look for fair contingency-based rates.
Vetting an attorney thoroughly provides confidence you’ve hired the best counsel to protect your rights.
Conclusion
Being injured in an auto accident caused by another driver often snowballs into major costs and consequences impacting your health, finances, career, and quality of life. An experienced personal injury attorney levels the playing field against big insurance carriers and helps injured victims pursue fair compensation to cover all damages after a crash. Knowing when to hire a lawyer after an accident and selecting counsel wisely provides peace of mind that your rights are protected while you focus on healing.