Do I Need a Lawyer for a Car Accident Settlement? When to Hire an Attorney and When You Don’t

Do I Need a Lawyer for a Car Accident Settlement

There are a whopping 6 million car accidents in the United States each year.

Sometimes you walk away. Just a fender bender.

Sometimes you’re hurt (think broken arm or leg) but you get better

Sometimes there is no getting better. And you can’t keep your current job. Or get another one. 

As a car accident victim, you deserve a good lawyer who can help you claim compensation. 

But going that far might make you nervous.

You might wonder if you can afford a good lawyer.

You might wonder how long claiming compensation will take.

You might have a nasty adjuster telling you to sign something immediately or risk getting nothing.

Why Do I Need a Lawyer for a Car Accident Settlement? 

  • A lawyer protects your rights. 
  • He or she will deal with pesky insurance adjusters.
  • Your lawyer will collect evidence for you.
  • Your lawyer will help you avoid mistakes that could cost you compensation.

Reasons to Hire a Lawyer After a Car Accident

As a car accident victim, you can potentially claim a lot of benefits:

Reasons to Hire a Lawyer After a Car Accident

  • Medical bills
  • Property damage bills
  • Lost wages
  • Pain and suffering
  • Trauma
  • Punitive damages

However, you won’t get as much as you deserve without good legal help.

Determine and Prove Liability in Car Accidents

The first step in getting compensation is proving the other party is to blame. In legalese, this is called “establishing fault.”

Your lawyer can help you by:

  • Collecting photo/video evidence
  • Getting witness statements
  • Collecting medical records
  • Calling expert witnesses who can reconstruct the accident scene to determine what happened, when it happened, and how it happened

Collect and Preserve Legal Evidence That Strengthens Your Claim

It’s easy to lose evidence as time goes by. 

You could lose your phone, and with it the photos and videos of the accident scene

Wait six months and witnesses might forget what they saw

Wait three months and your insurer will say your health problems were caused by another injury that happened after the accident

Your lawyer (unlike you) isn’t trying to recover from car accident injuries. He or she is free to collect evidence. Your lawyer also knows how to preserve legal evidence so nothing gets lost.

Negotiate With Insurance Companies for Higher Settlements

Insurance agencies’ primary goal isn’t to help and serve. It’s to make money. And keep it.

Adjusters try all sorts of tricks to avoid payouts. They likely will:

  • Try to make you sign a lowball settlement right away, claiming you won’t get anything if you don’t act fast
  • Drag their feet assessing your case
  • Remind you of bills piling up and overestimate the risks of losing your claim
  • Minimize your injuries
  • Say you had the injuries before the accident
  • Claim you sought medical help you didn’t really need
  • Try to record a “verbal statement” and then use it against you

Good car accident lawyers know all the “tricks of the trade.” They know how to help you avoid insurer traps. Plus, if your adjuster knows you have a good lawyer, he or she won’t be inclined to use their full arsenal of shenanigans. 

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Calculate the Full Scope of Damages With Legal Accuracy

There are two types of damages you can claim.

Economic damages involve lost money. They include:

Calculate the Full Scope of Damages With Legal Accuracy

  • Medical bills
  • Car repair bills
  • Lost earnings 
  • Lost earning capacity
  • Future medical bills

There are also non-economic damages: 

Include Delayed or Hidden Injuries in Your Legal Claim

Lawyers know it will take time to determine what you’ve lost due to a car accident.

  • Some medical problems don’t show up until weeks or even months later
  • Maybe you find you’re allergic to a pain medication that helps other patients deal with their injuries
  • Maybe therapy that works well for some people doesn’t work well for you
  • Your career depends on your physical strength and abilities. You lose them and you can’t find comparable work elsewhere  

Plus, it can take time to get an appointment with specialized doctors who can accurately diagnose your condition. 

Don’t let insurers decide how much money you’ll need. Wait until you know for sure. And have proof to back you up.

When Should I Hire a Lawyer for a Car Accident Settlement? 

You need a good lawyer if your case involves:

  • Complications
  • Serious injuries
  • Disputes over fault
  • A denied claim

Do I Need a Lawyer for a Car Accident Settlement After a Minor Crash? 

Fender benders are pretty easily resolvable. 

A dent to the dumpster or a knocked-over mailbox likewise doesn’t require legal counsel.

However, it’s almost always a good idea to call a lawyer if you were hurt. 

Even if the injuries seem minimal.

Often, “small” injuries turn out to be worse than you’d originally anticipated. A full medical exam and a good lawyer will ensure you get the money you need to cover expenses.

When Should I Not Get an Attorney for a Car Accident?

Don’t bother with a lawyer for a small case that:

  • Only involves property damage
  • Doesn’t cause a lot of property damage
  • Has a clearly responsible person who takes the blame
  • Involves both parties who are willing to work together to figure out a fair settlement

However, don’t make the decision to exclude a lawyer in haste. And remember, you can always hire a lawyer at any point in time, as long as you haven’t already signed settlement paperwork. 

Mistakes People Make Without a Car Accident Lawyer

It’s all too easy to make mistakes when representing yourself. You might:

  • Tell an adjuster something that can be used against you
  • Sign something without understanding what you’re signing
  • Make a procedural mistake
  • Misplace evidence

Consider the following examples:

  • Bill tells an adjuster he feels fine three days after a car accident. Three weeks later, he finds out he actually had a concussion. But the adjuster has a recording of Bill saying he was “fine” and won’t accept the concussion was caused by the accident.
  • Mary’s medical bills are piling up. The adjuster says she has to sign a lowball offer in three days or she’ll get nothing. She signs without knowing the adjuster lied and she could have claimed a lot of compensation.
  • Tony collects evidence to support his case. Insurance drags its feet. Tony files the case in court but finds out his state’s Statute of Limitations ran out. He gets nothing. 

Believing the Insurance Company Is on Your Side

Never. Ever. Believe the insurance company is on your side.

It never is.

Insurance companies exist to make money. 

For themselves.

Not for you.

Be polite to your adjuster. Treat them professionally. But don’t trust them. Do your own research or better yet, hire a good lawyer. 

Recording Statements or Settling Too Early

Any initial statement you make will be used against you. 

Don’t tell adjusters anything. Especially if they’re recording it.

Instead, tell them you’ll refer them to your lawyer. Or tell them to put it in writing and you’ll write them back.  

How Do Lawyers Maximize Car Accident Settlements? 

Lawyers have many ways to help you get a fair settlement:

  • They collect evidence and store it safely
  • They can find expert witnesses to testify on your behalf
  • Insurers know that a good lawyer can take them to court, resulting in bad publicity and possibility a costly judgment
  • Lawyers know how to avoid insurer pitfalls. They’ll make sure you don’t say or sign the wrong things

How Much Does a Lawyer Cost for a Car Accident Settlement?

If you win, your lawyer gets a percentage of your settlement. It’s usually between 33% and 40%.

If you lose, your lawyer gets nothing. You might have to pay for some other legal expenses (such as copies of documents), but that’s it.

How Our Car Accident Lawyers Can Help

Car accident lawyers:

  • File claims
  • Deal with insurance adjusters
  • Collect evidence
  • Find expert witnesses
  • Represent you in settlement negotiations and in court

Lawyers give personalized guidance and advice. They also offer free consultations to first-time clients. This helps you see if a particular lawyer is a good fit for you.

Conclusion – Should I Hire a Lawyer for My Car Accident Settlement?

If you or someone else was injured in a car accident, you need a car accident lawyer.

You especially need a lawyer if your case involves complications such as:

  • More than one at-fault party
  • Permanent injuries
  • Costly property damage
  • Disputes over fault

Ledger Law specializes in liability cases. 

Our car accident lawyers offer free consultations.

We have experience with different types of cases.

We have a winning track record.

Call us to find out more or to schedule an appointment.

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FAQs About Do I Need a Lawyer for a Car Accident Settlement

Do I need a lawyer for my car accident settlement if the crash was minor?

You might. Make sure your case is actually minor before you decide.

Do I need an attorney for a car accident if the insurance company admits fault?

Maybe. It depends on how much fault the insurance company is willing to admit and how much its willing to pay.

Can I handle a car accident settlement without a lawyer?

Maybe. But probably not. Especially if the other side has a lawyer.

Will hiring a lawyer increase my car accident settlement amount?

Most likely. But remember, a lawyer cannot promise a specific outcome.

What happens if I settle a car accident claim without an attorney?

You’ll likely get less than you should.

How much does a lawyer cost for a car accident settlement?

Your lawyer will most likely get a portion of your settlement. It’s usually between a third and two-fifths. But it can be as high as half if your case was very complicated.

 

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