An auto crash can be a very stressful and difficult event to go through. You might have to deal with injuries, property loss, insurance claims, and other things. Figuring out if you need a lawyer’s help can make things even less clear. This guide will help you figure out when it might be a good idea to hire a lawyer after a car accident.
If no one was hurt, should I hire a lawyer?
There are still reasons to hire a lawyer even if no one was hurt in the accident:
Damage to Property Claims: If the other driver caused a lot of damage to your car, an attorney can help you through the insurance claims process to make sure you get enough money to fix it. They know how to deal with adjusters, talk about how much money is due, and, if necessary, file lawsuits.
Figure out who was at fault: Even when there is a police record, insurance companies don’t always agree on who caused an accident. A lawyer can look over the details and speak up for you if the other person’s insurance company denies your claim or says the fault is on you. It’s possible that they can get the right driver to take responsibility.
Possible Hidden Injuries: Due to shock and adrenaline, it’s normal to not feel any pain right after a crash. In the next few days or weeks, small bumps or pulls could turn into bigger problems. If you hire a lawyer, you can be sure that your ability to sue for losses won’t be affected if you later get hurt.
Strength in Numbers: When there is no damage, insurance companies try to keep settlement amounts low so that people don’t hire lawyers. But lawyers handle a lot more of these situations than anyone else, which gives them more negotiating power. You might get more money than if you went straight to the insurance company.
So even if there is no visible damage, hiring an experienced car accident lawyer is still a good idea because they can give you good advice and defend you. If you keep good records and handle cases correctly from the start, you can avoid problems later on.
When should someone get hurt enough to go to court?
Of course, hiring a lawyer is most important if there were accidents. But it can be hard to tell when an accident is bad enough to require a lawyer. These are some broad rules:
Emergency Medical Care: Accidents that require an ambulance, an emergency room visit, or follow-up doctor’s appointments almost always need an attorney. Serious injuries that limit your ability to move, do things, or work also qualify.
**Lingering Pain or Problems:** Headaches, back or neck pain, joint pain, or reduced range of motion that don’t go away weeks or months after the impact are signs of more serious soft tissue damage. A lawyer makes sure that the right paperwork, care, and payment are done.
Medically-Diagnosed Conditions: Injuries that cause broken bones, injured discs, concussions, and other similar problems often lead to higher insurance claim values than in cases where there was no injury. The best way to get better from these health problems is to talk to a counsellor.
Missed Work: Skipping shifts or being away from work or school for long periods of time usually means higher out-of-pocket costs that are hard to fix without the help of an experienced advocate. Lawyers are great at fighting claims of lost wages or income.
Future Medical Possibility: Small cuts and bruises usually get better on their own, but hits that hurt muscles or ligaments can lead to arthritis, disc problems, or long-term issues years later. Legal professionals get fair agreements that take into account long-term risks.
So, if there are more than small bumps and scrapes in an accident, a free legal consultation can protect your long-term interests, even if the injuries aren’t very bad at the moment. Accidents can happen at any time, so a lawyer sets up basic records.
When is it too late to get a lawyer after an accident?
To be in the best legal situation, you should hire a lawyer as soon as possible after an accident. On the other hand, waiting too long to hire an attorney isn’t always too late:
Statute of Limitations: Each state sets a time limit, usually between one and three years, from the date of the accident for filing a personal injury case. An attorney can still get involved as long as the possible lawsuit is still within that time frame.
Open Insurance Claims: An attorney can ask for bigger payouts or hold insurance companies responsible as long as recorded injury treatment or property loss claims are still pending with carriers.
Missed Appointments: If earlier doctor visits, therapy sessions, or other recommended care could not be followed because of time, money, or other issues, a lawyer works to show that current problems are related to the accident in case of a future dispute.
Recent Injury Onset: Sometimes more symptoms show up or a medical diagnosis is made a long time after the hit. Lawyers often win claims years after the fact as long as there is clear proof linking the client to the original crash.
Lack of Prior Counsel: Starting payment requests right away gives you the most power, but insurers still have responsibilities after the initial payout. Lawyers who are respected know how to start talks over with new information.
So getting legal help right away is still best, but don’t wait to get help if time has passed. Accident lawyers know the latest case law in their area, so don’t be afraid to call one even if you think you might have to wait to be paid. Even after delays, many cases can still be won.
When you need a lawyer in other situations
Besides the things listed above, there are some other situations that almost always require people who have been hurt to talk to skilled lawyers:
Uninsured or Underinsured Motorists: If the driver who caused the accident didn’t have enough car insurance or assets that could be used as proof, your policy’s uninsured motorist coverage will pay for the damage. Carriers rarely pay the full amount of a claim, though, unless they get a letter of demand or a lawsuit threat.
Multiple Parties Involved: Accidents with multiple vehicles, intersection collisions, or other complicated dynamics make it hard to prove who was at blame alone. Lawyers make things fair.
Serious injuries that change your life: Catastrophic results, such as disability, traumatic brain injuries, amputations, or disfigurements, are linked to six-figure or multimillion-dollar claims that the person involved can’t handle on their own.
18-Wheelers and Commercial Vehicles: Insurance policies for big commercial fleets and carriers have deep pockets and smart ways to deny claims. Recoveries are best when handled by experienced truck accident lawyers.
Government/Municipal Vehicles: When accidents happen involving drivers from public agencies like police, fire, public works, buses, and more, there are often special rules about who is responsible. Lawyers know how to take complex legal actions against government agencies.
Disputes over Liability: When parties disagree about who is at fault for an accident, their proximate cause, failure to give the right of way, or other important factors of responsibility, they almost always need lawyers to settle the matter fairly through negotiations or trials.
So, when there is a high-risk, high-stakes, or complicated accident, victims can get rid of their doubts by quickly talking to a qualified lawyer who can explain all of their legal rights and choices for getting the most money possible through tried-and-true methods.
Signs That Your Claim Needs a Lawyer
If you’re still not sure if hiring a lawyer is a good idea, here are some signs that your insurance company might reject or underpay valid accident injury claims without proper representation:
Carriers take a long time to reply to paperwork or questions, and they don’t want to help with finding faults.
They make low initial settlement offers without any medical or factual reason for the types of injuries and care that were received.
Insurance adjusters try to keep people from claiming certain types of damage, like pain and suffering, lost pay, or long-term risks.
Requests to immediately close a case or accept a quick payout without fully exploring possible future issues or claim windows.
Through independent reviews, people try to discredit doctors or play down injury findings.
Policies that limit the number of chiropractic visits or physical therapy classes don’t take into account the unique needs of each patient.
Denials of liability when there is clear proof of a proximate cause, failure to yield, or fault.
refusing to look at concurrent responsibilities between various parties who might be responsible.
Using threats to get unrepresented clients to agree to settlements that are final or “take it or leave it.”
If insurance companies try to undervalue your claim or close it too soon, you should talk to a qualified lawyer who knows how to spot red flags and get the most money for your accident case. Their advice makes sure that the claims process is fair as a whole.
Things That Affect Legal Fees
A lot of accident victims want to know how much it might cost to hire a lawyer. Legal fees for auto accidents are often based on a contract basis, which means:
If the case ends successfully, lawyers only get paid a portion (like 33%) of the final settlement or judgement amount.
They pay for all of their own costs, like filing fees, records requests, and expert depositions, up front, so clients don’t have to pay.
If no recovery is made, the client doesn’t have to pay any legal fees, even though the lawyer spent time on the case.
When awards are bigger, fee amounts may go down a little. Some things that might affect reserve rates are:
complexity of the accident or injury and the work that was needed to record or show medical proof.
How much work there is to manage subrogation claims and how many people are responsible.
How strong the at-fault insurer’s defence of responsibility is and how many depositions, mediations, or court cases are needed.
Caseload traffic and costs are important for small businesses.
But because of economies of scale, well-known personal injury law firms rarely charge contingency fees higher than one-third, even on big wins. Also, up-front costs are usually very small. Overall, hiring a lawyer makes things more stable financially and raises the value of net claims.
Why it’s important to get help right away
If an accident victim isn’t sure if hiring a lawyer is a good idea, they should keep in mind that delays can make it harder to get better:
