Summary
* An attorney can maximize your recovery when you sustain injuries.
* You likely don’t need an attorney if you only sustained property damage.
* An attorney may help you receive more money and face less stress.
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 to Consider When Deciding to Hire a Car Accident Lawyer
Several factors influence whether hiring a lawyer after a car accident is beneficial. Key considerations include:
Severity of Injuries
Car accidents can result in a wide range of outcomes, from minor vehicle damage to severe injuries or fatalities. In cases where no one is injured, many people handle claims without legal assistance. Property damage cases are usually straightforward, and the process of getting a car repaired is less stressful than dealing with medical treatments and expenses. As a result, these cases are often resolved quickly.
However, when injuries or fatalities are involved, the stakes are much higher. Serious injuries can affect a victim’s ability to work, participate in daily activities, and enjoy life. In addition to medical and therapy costs, victims may also be entitled to compensation for “pain and suffering,” which includes intangible losses such as decreased enjoyment of life and physical pain.
If a person dies in a car accident, their family members face the emotional and financial loss of support. In such cases, damages may cover future lost income as well as the emotional pain of losing a loved one and the support they provided.
In general, accidents can result in significant financial burdens. Even with health insurance, deductibles and copays can add up, threatening financial stability. In fact, medical bills are a leading cause of bankruptcy.
A lawyer can help build a strong case to ensure you recover the compensation you’re entitled to, which is crucial when dealing with significant losses.
Insurance Systems
Two primary types of insurance systems exist in the U.S. Most states follow a fault-based insurance system. In this system, vehicle owners are required to have liability insurance. After an accident, any driver injured due to another driver’s negligence can file a claim against the at-fault party’s insurance. The insurer then compensates victims for their losses, but only up to the policy’s limits.
A smaller number of states use a no-fault insurance system. Here, vehicle owners are required to purchase personal injury protection (PIP) coverage. After a minor accident, each vehicle’s occupants file claims with their own insurer rather than with the other driver’s insurer. This system aims to reduce both insurance costs and the number of lawsuits.
However, under no-fault systems, victims can only sue the at-fault driver if their injuries meet the state’s definition of “serious injury.” As a result, many claims are resolved without legal help unless the injuries are severe or the case becomes contested.
Reasons to Hire a Lawyer After a Car Accident
A lawyer can handle several important tasks when managing your claim, such as:
- Gathering evidence, including accident reports, camera footage, and witness statements.
- Evaluating the value of your case.
- Negotiating with insurance adjusters and opposing counsel.
- Representing you in arbitration or court, if necessary.
Sometimes, the best reason to hire an attorney is simply to avoid the hassle of handling the paperwork and the complex steps involved in obtaining compensation. However, there are more concrete ways a lawyer can help ensure a fair settlement.
Experience
While you may only deal with one or two accidents in your lifetime, a personal injury lawyer handles these cases on a daily basis. This extensive experience allows them to accurately assess the strength and value of your case, predict the chances of success, and help you determine whether an insurance settlement offer is fair.
Negotiation Skills
When an insurer accepts your claim, their initial settlement offer is often lower than what your case is worth. Even in cases of serious injuries, like head trauma or spinal fractures, the first offer is often a lowball.
Your lawyer will negotiate on your behalf to secure a better settlement based on the full extent of your losses. While they handle the negotiations, you can focus on your recovery.
Insurance companies may also try to discredit your claims by downplaying your pain or disability, requesting excessive documentation, or failing to communicate promptly. A lawyer’s advocacy ensures your claim stays on track and doesn’t get lost in unnecessary delays.
Legal and Procedural Knowledge
If negotiations fail, you may need to file a lawsuit. An experienced lawyer will guide you through the litigation process, helping to avoid procedural errors when submitting court documents and preparing a legal strategy to present your case effectively.
Litigation can also introduce complex issues, such as multiple liable parties or disputes over fault. A skilled attorney can navigate these challenges and work toward the best possible outcome for you.
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