There is an ample supply of car accident legal help. Highway billboards and catchy TV ads from attorneys make that clear. But do you need car crash legal advice, or is all that just a cash cow for litigation-hungry lawyers?
The reality is that car crashes often bring complex legal issues. Handling an auto accident quickly becomes a full-time job, from determining accident fault to calculating damages. If the other party blames you for an accident or an insurance company denies your claim, you may need an automobile accident lawyer. Legal counsel can save you additional aggravation. Here’s what to know about seeking accident legal advice.
[Read: What to Do After a Motor Vehicle Accident: Checklist]
Why You Need Legal Advice for Car Accidents
The short answer is that the relationship between an insurance company and a claimant is adversarial. An insurance company seeks to maximize profit by not paying claims. You, the claimant, want the company to pay your medical bills, fix or replace your car and reimburse you for lost wages, among other damages. Your needs conflict with an insurance company’s bottom line.
So, while an adjuster may appear friendly and eager to help, their primary goal is to deny your claim or pay as little as possible. Their strategies may include:
— Delaying decision making
— Pressuring you to settle the matter before you recover from your injuries
— Misleading you about your rights after a car crash
— Requesting unnecessary forms and paperwork
However, a personal injury attorney provides a buffer between you and the adjuster. They know the law and can see through the tricks. Their accident legal advice and guidance can help you avoid falling victim to misleading information.
Many attorneys are also master presenters. They can gather evidence and put your claim in the best possible light. Their job is to protect your rights and ensure the adjuster understands the extent of your claim and injuries. Those skills can maximize your case value and settlement potential.
Risks of Proceeding Without Auto Accident Legal Advice
Many people are tempted to navigate the process without a lawyer, but if you don’t hire an attorney, you take on certain risks that can significantly affect the outcome of your case. Here are a few key ones to consider.
Undervaluing Your Case
It’s easy to undervalue your case when you don’t have an attorney. For example, you may consider whiplash a minor injury, but you still face pain, lost work time from doctor appointments and perhaps disrupted sleep. These impacts have a financial value, and a skilled attorney can determine that for you.
Missing Deadlines
Insurance companies and state laws often control claims by imposing deadlines. For example, if you don’t provide your medical information by a specific date, the insurance company may say you’re not cooperating and deny your claim. When managing real life and an insurance claim, you are more likely to miss a deadline. Attorneys employ time-tested techniques to manage and meet deadlines.
Overlooking Damages
You may be so focused on repairing your car and paying medical bills that you accept the first settlement offer that covers these initial expenses. Meanwhile, future medical bills, lost wages and other accident expenses remain uncompensated. Once you settle, you can’t go back for additional funds.
Even if it appears you came out of a car accident with no damages, you can still find injuries and car damages later. An automobile accident lawyer’s legal advice can help you find these “hidden” damages and keep you from making irreversible decisions too early.
Situations Where You Need an Attorney
When do you need car accident legal help? Generally, attorney assistance proves vital when:
— You sustained serious injuries (head injuries, bone fractures and disabling injuries)
— There are multiple parties who were at fault (e.g., a driver and their employer)
— There is a dispute over whether you or another party is at fault
— You’re filing a claim against a government entity (e.g., your accident involves a municipal garbage truck)
However, even with minor injuries or car damage, you can delegate accident procedures to a professional by hiring an attorney. Many people get overwhelmed by details or feel pressure from adjusters. Attorneys offer peace of mind by dealing with these developments so you can focus on life and injury recovery. Plus, you have automobile accident lawyer legal advice whenever you need it.
[Read: Common Car Accident Injuries: Overview]
Common Questions About Auto Accident Legal Advice
Hiring an attorney or seeking legal advice can feel intimidating–but it doesn’t have to be. Here are answers to some frequently asked questions that should make the decision less daunting.
What constitutes legal advice?
Generally, legal advice is professional guidance on how the law applies to your accident. It includes explaining statutes, case law and essential forms. Only licensed attorneys can give legal advice.
For example, automobile accident lawyer legal advice can include whether to give an insurance interview or testify in court to make your case more favorable.
What should I look for in an attorney?
First and foremost, you need to feel comfortable with this person. Talking about injuries may delve into embarrassing facts. If you can’t give an attorney a complete description of how an accident affected you, they cannot present your case thoroughly.
You also want to assess:
— Competency with your type of case
— Litigation experience
— Accessibility and communication (Do they return emails?)
For example, if you were a motorcyclist injured in an accident, those cases come with unique challenges. Therefore, you want to find an attorney with experience representing motorcycle riders.
Can I receive free legal advice for car accidents?
Many accident attorneys offer free consultations. While these consultations might only give you an overview of your claim and how to proceed, they can help you understand the first steps and how the attorney can assist you going forward.
Many people hire an attorney after their consultation because they see how an automobile accident lawyer’s legal advice can help them.
How much does an accident attorney cost?
Free accident legal advice ends after the consultation. Fortunately, accident lawyers usually charge fees on contingency.
Contingency fees are only payable if you win a settlement or verdict. Then, you pay your attorney with a percentage of those funds. Attorneys typically charge 25%–30% of the total recovery if a case settles early in the claim stage. If a case proceeds to litigation, an attorney may charge 40%–50% of that verdict.
The significant advantage of contingency fees is that clients don’t have to pay any upfront money to hire an attorney. A contingency fee also helps you to calculate your attorney’s fees as you review potential settlement offers.
What can I expect when I hire an attorney?
No two cases are the same, but most car accident cases proceed as follows:
Attorney consultation. You meet with your attorney and explain how the accident occurred, its location and other essential facts. You will also provide information about medical bills, providers and other expenses.
Accident investigation. Your attorney will collect witness statements, camera footage, police reports and photos of the damages. They may also contact expert witnesses who can help with your case.
Send a demand package. A demand package goes to the insurance adjuster. It contains a statement regarding the accident and your injuries. It also includes documentation to prove your claims and proposes a settlement amount.
Negotiation. The adjuster and your attorney discuss the demand package and settlement offer. Each side can make counter offers until they find an amount that fairly compensates you.
File a lawsuit. If negotiations fail, your attorney will draft a complaint and file a lawsuit. Even at this point, there may still be a settlement. If not, it will go to trial.
The chances of facing a court trial are small. In fact, a government study found that only about 3% of car accident cases were resolved through a trial. Legal advice for car accidents often focuses on being realistic and avoiding trial. But if your case must go to trial, having an attorney quickly proves vital.
When is it too late to get a lawyer for a car accident?
All car accidents are subject to a statute of limitations. These laws impose a time limit on when you can file a lawsuit. The exact deadline varies by state, but it is typically between one to three years from the date of your accident–a critical detail that an attorney can confirm for you.
So, if you consult an attorney after this deadline passes, it might be too late. Few remedies and even fewer exceptions to the statute of limitations are available. That is why you should consult an accident lawyer as soon as possible after a car accident.
[Read: Car Accident Demand Letter: Overview and Template]
How to Find Good Automobile Accident Lawyer Legal Advice
An online search can show you attorneys, but you may want a better resource to find an experienced car accident attorney in your area who can give you the legal advice you need. Connect with one today to see how you can get the answers and compensation you need to move forward.
[What Does Hiring a Lawyer Cost?]
More from U.S. News
How to Assess Car Damage After an Accident: 5 Steps
What Is a Totaled Car? Overview and FAQ
Car Accident Settlement Agreement: 3 Mistakes to Avoid
Need an Automobile Accident Lawyer? Legal Advice FAQ originally appeared on usnews.com