When Is It Worth Getting an Attorney After a Car Accident?

Use these links to jump to different sections:

• Do I Need to Get a Lawyer for a Car Accident That Was My Fault?
• Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?
• Do I Need a Lawyer for a Minor Car Accident?
• How Quickly Should I Hire an Attorney After Being in an Accident?
• How Much Do Car Accident Attorneys Cost?
• Find an Experienced Car Accident Lawyer

There is never a good time to get into a car accident. You could follow all the traffic laws and still be in an accident because of another driver. Or worse, you could be on the other side of the accident scene, in the shoes of the at-fault motorist. Before going through the claims process, consider speaking with an experienced attorney.

A personal injury attorney will have the legal know-how to evaluate your situation and determine the best course of action. This could be to pursue a fair settlement for an accident victim or limit liability for an at-fault driver.

Do I Need to Get a Lawyer for a Car Accident That Was My Fault?

The liability you face after causing an accident can vary based on the state you are in. First, there are fault and no-fault states.

No-Fault States

In a no-fault state, drivers file their claims with their own insurance company. Every driver is required to have personal injury protection (PIP), which covers their medical expenses. However, they can file a third-party claim if this coverage isn’t enough. Hiring a personal injury attorney protects your legal rights and helps protect you from being personally and financially liable for someone’s injuries and damages. This is the process for Florida car accident cases. These are the other no-fault states:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah

Fault States

In fault states, the injured party files their insurance claim with the at-fault driver’s insurance policy. The auto insurance adjusters will then perform an investigation to determine fault and issue payment accordingly. If you think you are at fault, hiring an attorney can advocate for you on your behalf in the personal injury claim.

Determining the percentage of fault is crucial in fault states. Some states operate on a contributory negligence system. If your lawyer can show that the other party contributed at all to the accident, they could be barred from recovery. In states that follow a comparative negligence system, car accident victims’ ability to recover compensation is reduced by their percentage of fault. You may not think you have a strong case, but an attorney may be able to create effective arguments from the evidence.

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

If the car accident wasn’t your fault, you will want to seek fair compensation for your injuries. In no-fault states, that means filing with your insurance company. However, if your car insurance claim doesn’t cover your losses, you may need to file a third-party claim. Having legal representation will help you get a fair settlement offer that will cover the cost of your medical care.

In fault states, your legal team will pursue maximum compensation for your injuries and damages. When you file a car accident claim, the at-fault driver’s insurance will want to reduce their liability. This means looking for ways to assign your fault percentage. Your lawyer will advocate on your behalf to counter the insurance company’s lawyer’s arguments. Your lawyer may also have suggestions for legal options that you aren’t aware of.

“The real issue is when there’s medical care and treatment,” says Ann Jacobs, a personal injury lawyer representing car accident victims in Milwaukee, Wisconsin. “Lingering problems can be signs of larger medical issues—things that don’t go away in a few days with Advil. Then you need to think about retaining an attorney to help you.”

Do I Need a Lawyer for a Minor Car Accident?

Not all car crashes require you to hire a lawyer. Many states don’t require you to alert authorities if the property damages are less than $1,000 and there are no physical injuries. An example of this would be a fender bender with minimal damage. You may also not need a lawyer if no one else was involved in the accident, such as a single-vehicle accident.

The challenge is determining when an accident is minor and when it is more serious. It may seem like a minor accident at the moment, but it can turn into a more serious issue later. The extent of car accident injuries is not always immediately apparent. If you don’t get a police report at the accident scene, you are missing out on a valuable piece of evidence. If you later seek compensation for your medical bills and continuing medical treatment, it can be challenging to connect your injuries to the car accident.

If you think the accident is minor or are unsure, it can be helpful to speak with a car accident lawyer. That way, you can better understand your legal rights.

How Quickly Should I Hire an Attorney After Being in an Accident?

You can hire an attorney at any time after your auto accident. However, waiting could have unintended consequences on your personal injury lawsuit. The legal process is controlled by laws called statutes of limitations that outline how long you have to file your lawsuit. Speaking with a lawyer sooner rather than later can ensure you file your lawsuit before the statute of limitations.

An initial consultation can help you understand your legal rights and the possibility of having a claim. The sooner you hire your attorney, the more time they have to gather evidence, speak with witnesses, and advocate on your behalf.

Generally, attorneys will advise that you speak with a lawyer before you speak with the insurance companies. Giving an official statement to the insurance company can restrict your options because you may say something you shouldn’t.

Jacobs explains that there isn’t a single best time to hire an attorney, and it’s more about personal choice. However, there can be drawbacks to waiting too long. “It’s really a matter of the individual’s comfort level, but generally speaking, if you’re not feeling well in about a week, you probably want to contact an attorney. You don’t want to wait too many weeks or months. Officer body and traffic camera data get deleted or overwritten pretty regularly.”

How Much Do Car Accident Attorneys Cost?

Many lawyers offer potential clients a free case evaluation. This helps you determine the potential viability of your claim.

Personal injury and car accident attorneys commonly charge clients a contingency fee basis. With this fee structure, the law firm won’t charge the client unless the client successfully wins compensation for their claim. The firm will then take a percentage of the award amount. The standard is 33 percent, but the rate could range from 25-40 percent. However, this may not include fees that the firm requires to be paid upfront. These are separate from the cost of the lawyer’s services.

Fees could include paying for an expert witness, process server, court reporter, mediator, and court filing fees. Clients may also need to pay for the firm to obtain documents, such as police reports or medical records. You will also want to ask if the lawyer takes their percentage from the gross award amount or the net amount after the fees have been taken out. These two calculation methods can result in significantly different attorney payment costs.

The contingency fee structure is typically offered for accident victims seeking to recover from their injuries. For at-fault drivers seeking defense representation, you may see other fee structures. These could include an hourly rate or retainer fee. A flat fee structure is uncommon, as car accident cases are complicated and time-consuming.

Cases that go to trial require more time, effort, and resources. Many lawyers increase their rates if you reject all settlement offers, and their legal representation extends to trial.

Find an Experienced Car Accident Lawyer

Whether you are the victim or the at-fault motor vehicle driver, speaking with a lawyer can be beneficial. The sooner you speak with a personal injury lawyer, the better you can protect your legal rights. Your lawyer will explain the insurance settlement process, the legal lawsuit process, your legal rights, and potential liability.

Visit the Super Lawyers directory to find a personal injury lawyer who represents accident victims or a personal injury defense attorney.