Is It Worth Getting An Attorney For A Car Accident? Aug 2024

Car accidents produce a wide range of outcomes. The extent of a driver’s injuries and property damage directly affects the amount of legal work required, the complexity of the legal issues, and the severity of the consequences.

So, do you need an attorney? Like the answer to many legal questions - it depends. Here is a guide to help assess the need for a personal injury lawyer and why you may wish to hire one.

Factors Influencing Whether to Hire a Car Accident Lawyer

Several factors go into whether you will benefit from legal representation. Some of the most important include the following:

Extent of Injuries

Car accident damages are dramatically wide-ranging. A crash could end in a few dents and a bent bumper but no injuries. Unfortunately, many accidents often end with one or more people dying.

Many people handle cases without an attorney if they are not injured. Property damage claims are usually objective, and the hassle of getting a car fixed doesn’t compare to medical treatment and expenses. So, there is less at stake and these cases can end quickly.

But injuries and death raise the stakes. Serious injuries compromise an accident victim’s ability to work, enjoy activities and generally participate in life. Besides medical and therapy bills, the victim also incurs “pain and suffering” damages, which assigns a monetary value to subjective elements, like lack of enjoyment and pain.

If someone dies in a car crash, their family members lose financial and emotional support from that individual. Damage amounts in these cases often include loss of future income and “pain and suffering” as people miss their loved ones and the support they provide.

Generally, accidents cause significant expense. Even if a victim has health insurance, deductibles and copays threaten finances. In fact, medical costs are a leading cause of bankruptcies.

A lawyer can advance the strongest arguments for getting the compensation the law entitles you to recover. That assistance proves essential when you face heavy losses.

Insurance System

States use two insurance systems. The majority use a fault-based insurance system. Under this system, vehicle owners must buy liability insurance. After a crash, all drivers injured by the insured driver’s negligence may file a liability claim. The insurer pays accident victims for losses up to a preset policy limit.

A small number of states use no-fault insurance systems. Vehicle owners buy personal injury protection (PIP) coverage in these states. After a minor crash, the occupants of each vehicle file claims with the insurer for their vehicle rather than the at-fault driver’s insurer. This system is supposed to reduce insurance costs and the number of lawsuits that clog the courts.

Under a no-fault system, accident victims can only file claims against the at-fault driver if their injuries fall under that state’s definition of a “serious injury.” As a result, many claimants handle their claims without a lawyer unless they meet those conditions, and the case becomes contested.

Reasons to Get a Lawyer After a Car Accident

Lawyers perform several tasks while handling your claim, including:

• Collecting evidence, including camera footage, accident reports and witness contact information

• Assessing case value

• Negotiating with insurance adjusters and opposing counsel

• Taking cases to arbitration or trial

Sometimes, the best reason to hire an attorney is you don’t want to deal with the paperwork and steps needed to receive compensation. But there are also concrete ways an attorney can help you obtain a fair settlement.

Experience

You may only experience one or two accidents in your lifetime if you’re lucky. However, a personal injury attorney handles these matters daily, giving them substantial experience.

That experience places them in a better position to assess the strength and value of your case. They can determine your chances of winning and the amount you will likely win. You can make informed decisions regarding whether you received a fair settlement offer from the insurance company.

Negotiating Skills

When the insurer accepts your claim, it will offer a settlement. This number will likely undervalue your case. Even severe injuries, like head trauma or spinal fractures, start with a lowball offer.

Your lawyer will negotiate with the insurer to get a better settlement based on the losses you suffered. While they perform this heavy lifting, you can focus on recovery and feeling better.

Insurance companies may also attempt to demoralize a claimant by discrediting their pain or disability status, requesting excessive documents and even failing to communicate timely. An attorney and their advocacy skills keep your claim on the surface instead of getting it buried in a black hole.

Legal and Procedural Knowledge

You may need to file a lawsuit if your lawyer cannot negotiate a settlement. Litigation experience helps a lawyer avoid any procedural mistakes when filing documents in court. It also guides the lawyer in preparing a legal strategy to present the evidence and arguments that give you the best chance of winning.

Litigation often surfaces complex issues, too. Multiple liable parties may be involved, and accident fault may be disputed. An attorney has the skills necessary to cut through this information and pursue the best result for you.

Contact ConsumerShield to Learn About Hiring a Lawyer

ConsumerShield is dedicated to helping accident victims. We provide educational resources so you understand as much as possible about the strength and value of your potential claim as you go through the process. We also connect you with an experienced lawyer to provide legal advice and representation.

Fill out our contact form for a free case evaluation and to learn how we can help you after your car accident.