When Do You Need an Attorney After a Car Accident?

In the moments following a car accident, reactions vary depending on the individual. In the face of traumatic stress, some people feel detached and dazed, while others may feel fearful, angry or physically ill, according to the National Center for PTSD. Some become hyperfocused, their minds filling with questions and concerns: How quickly can my car be fixed? Will my medical bills be covered? What if insurance rejects my claim? Was the accident my fault? Who should I call? 

The foremost thing to keep in mind after an accident is your wellbeing. Seek medical attention and be careful not to dismiss possible symptoms of injury—the rush of adrenaline can mask some signs. After you’ve made sure everyone is OK, “Call the police and document, document, document,” says Francisco Martinez, a personal injury lawyer at Dulin McQuinn Young in Denver. If you can, turn on your phone’s camera and collect as much real-time evidence as possible.

After that, consider reaching out to an injury attorney. 

“Any time there is property damage or bodily injury, it is always best to call an attorney,” says Madeline Robbins, a litigator at Ramos Law in Northglenn. In Colorado, car accident victims have three years to pursue legal action, but “you don’t want to wait anywhere close to approaching the statute of limitations. Even with an attorney working for you, it still takes a long time to process insurance claims.” 

Who’s at Fault, and Does it Matter?

There are 38 at-fault states in the U.S., and Colorado is one of them. “In Colorado, the driver deemed responsible for the accident is deemed liable for the damages,” says Martinez. 

Colorado employs a system of comparative modified negligence, under which a driver deemed more than 50% at fault cannot recover damages. And, while “an injured party deemed less than 50% at fault can recover damages, that recovery is reduced by their percentage of fault,” Martinez says. 

When assigning fault, insurance companies and courts review crash reports, witness statements, photographs, physical evidence, phone records, video—basically anything that can shed light on what took place. That’s why it’s important to capture as much as possible immediately after the event. 

Even with careful documentation, there may still be disagreements surrounding fault determination. “Insurance companies will not always have a victim’s best interests in mind. They may have comedic logos and mascots, but deep down they are businesses seeking to make a profit,” says Martinez. 

“Don’t let the insurance company gaslight you,” adds Robbins. 

The officer’s crash report often carries the most weight when fault is assessed. “Sometimes police officers write which party is at fault directly into their report. Other times the findings are more indirect,” says Robbins. 

The Damages Equation

Car accident victims can pursue three categories of damages: economic, noneconomic, and physical impairment and disfigurement. 

“Economic damages are damages you can attach a receipt to, like medical bills or lost wages,” Robbins says. “Non-economic damages are things like pain and suffering, loss of enjoyment of life, inconvenience, anxiety, depression, and fear to drive. Physical impairment damages are anything that impairs someone’s mental or physical bodily functions. Disfigurement is a permanent change to someone’s body that affects their appearance, such as scars, burns, and amputations.”

Evaluating damages, especially non-economic ones, can be a gray area. That’s where an attorney can help, Robbins says, because settlement offers increase by 300% when insurance disputes involve a lawyer. “We know how to negotiate with insurance companies,” she adds.

Do I Even Have a Case?

Sometimes police will issue a citation after a crash, but that doesn’t guarantee an open-and-shut case, Robbins says. “Contact a defense attorney if you believe you weren’t at fault,” she says. 

And even if you were involved in a minor fender-bender, “the damage done to the car may not equate to the damage done to our bodies,” Robbins says. 

Many attorneys offer free consultations, at which, Martinez says, “attorneys provide preliminary advice and can help make you feel comfortable about your next steps.” Even if you decide not to hire the attorney, the information they share can’t hurt.

The Cost of Legal Help

Personal injury attorneys receive a percentage of the amount their clients recover—commonly between 33% and 40%. 

“If there is no settlement or judgment, you don’t owe us anything,” says Robbins.