Legally reviewed by:
Daniel Smith July 22, 2024
Car accidents have become a common yet disorienting and troublesome reality of our everyday lives. How often have you seen a totaled car while driving to work? How many times have you barely missed an accident? Car accidents are becoming common as more affordable cars are manufactured and launched into the market each year and the world transitions into the post-COVID reality.
If you have been injured in a car accident, seeking the help of a skilled attorney is a great option. They will help you get the most compensation possible and most won't charge you for you personal injury claim unless you win.
How Often Do Car Accidents Happen?
According to a study conducted in 2019 by the National Highway Traffic Safety Administration (NHTSA), in the United States, it is estimated that 6.7 million accidents involving motor vehicles were reported to the police, resulting in 2.74 million injuries and approximately thirty-six thousand (36,000) fatalities.
Victims of a car accident find themselves completely disoriented and stressed because, despite the sudden shock and trauma, they are constantly thinking about the legal consequences and financial troubles. The Insurance Information Institute (III) reported in 2019 that, on average, claims for bodily or physical injuries were slightly above $18,000 and $4,525 for property damage.
Apart from the financial implications, dealing with the legal complexities is another task. From determining liability to understanding the minor and significant nuances of insurance companies and negotiating out-of-court settlements, determining liability requires professional help and expertise.
The complexity of dealing with insurance companies increases because insurance companies will often try to minimize their coverage to protect their financial interests.
Legal assistance and representation can be very beneficial in such complex and stressful situations to receive the best possible outcome and fair compensation for their damages. A knowledgeable and experienced attorney can represent your case and help avoid the common pitfalls that could sabotage your claims.
This article will explore the benefits of hiring a car accident attorney and practical tips on hiring the right attorney to represent your claim.
Why a Car Accident Attorney is Worth the Cost
Hiring a car accident lawyer or personal injury attorney can be a game-changer when dealing with the aftermath of an accident. From their in-depth knowledge to their legal strategies and negotiation tactics, lawyers can provide critical support and assistance that can significantly benefit your claim with the insurance companies and the legal proceedings. Here is why investing in a car accident lawyer is worth it.
Proficiency in Relevant Law and Regulations
Car accident lawyers bring a wealth of knowledge about federal and state traffic laws, personal injury laws, and insurance regulations. Sure, you can google the rules and procedures, but a layperson cannot distinguish the nuances of legalese. A lawyer’s expertise is pertinent for interpreting the relevant statutes and policies. Additionally, their access to various legal databases can strengthen your claim before the insurance companies and the court of law.
Effectively Negotiate Your Claim with Insurance Companies
Most insurance companies work hard to ensure they pay as little as possible and ideally cover nothing. As per the Insurance Research Council (IRC), on average, people represented by attorneys have a 3.5 times higher chance of getting coverage and receiving fair settlements than those who deal with it on their own.
A competent personal injury lawyer can effectively and strategically negotiate with insurance representatives to secure fair compensation and coverage for your medical expenses, lost wages, property damage, collateral damages, and more. However, that is subject to the terms and conditions of your specific insurance policy.
Proving Liability and Quantifying Damages
Quantifying damages and establishing liability are essential aspects of a car accident claim. A lawyer can effectively assist you in gathering relevant and admissible evidence, collecting witness statements, and working with other experts, such as accident reconstruction experts, to build a solid and compelling case. Lack of evidence can gravely affect your claim, not only before the insurance company but also before the court of law.
Securing Maximum Compensation
Trying to secure adequate compensation alone can lead to a world of trouble. Legal deadlines must be met, as that could jeopardize the outcome of your case. There are so many procedural requirements and legal rules to learn that it may cause you more trouble than it is worth to navigate the situation alone. That’s exactly where a skilled car accident attorney steps in.
Although attorneys come with a price, having a lawyer by your side is a worthwhile investment. Collaborating with a lawyer often results in higher compensation and better settlements. This is due to their in-depth knowledge of the relevant laws and regulations and, more importantly, their skill of accurately interpreting the nuances of the legal language.
An attorney shall thoroughly reconstruct the accident by gathering relevant, admissible evidence and demonstrate the long-term impact of the damages and injuries on the victim and their family’s life through expert testimonies. In this manner, the victim or claimant shall not only be able to recover their current damages but also secure compensation for ongoing medical care, future rehabilitation, and lost wages as a result of the car accident.
They Can Help You with Court Proceedings
An attorney proves to be indispensable if your case escalates to a trial. The lawyer will represent you in court, present evidence, and ensure you have all the essential documents per the local court rules to benefit your case.
Additionally, they will ensure that your court submissions and responses are promptly made. Prompt action and timeliness prove critical in court proceedings as each claim is attached to a statute of limitations, which sets deadlines for filing certain lawsuits. For instance, California Code of Civil Procedure Section 335.1 specifies the statute of limitation for personal injury cases two (2) years from the time of the offense.
Secondly, prompt action also ensures that the accident remains fresh in the witness’s memory and, hence, ensures higher accuracy and strength. From pre-trial motions until the final judgment is announced, your personal injury attorney will handle all the legal formalities compellingly to secure a favorable decision for you.
When Do You Need to Hire A Car Accident Lawyer?
While minor accidents can be managed without the assistance of a legal professional, there are specific scenarios where hiring a personal injury lawyer or car accident attorney is essential.
If You’re Injured
If the injuries sustained in the car accident have a long-lasting impact on your health that further hurts your finances, you need to hire an attorney to deal with the complexities of personal injury claims. You may have claims for lost earnings, pain and suffering, and many other categories of damages.
After an injury, the best thing to do is focus on your recovery. With a skilled car accident attorney by your side, you can get the rest you need while you leave the legal battle to the pros.
If The Other Driver Doesn’t Stop
Hit-and-run cases are more common than you think. Just imagine the helplessness of a person who just got hit, their car is damaged, and the liable party has just run off.'
California Insurance Code section 20001 makes it mandatory for drivers involved in a car accident to exchange their names, license plate numbers, and contact information. Failure to do so can result in fines and even imprisonment in severe cases. A lawyer can assist you in identifying and pursuing the liable party through their knowledge of legal procedures and remedies.
If The Other Driver Is Uninsured
Accidents are stressful, and they can become even more overwhelming when the other driver is not insured. An attorney can help you explore alternative avenues as per state laws or subject to the terms and conditions of your insurance policy. For instance, under California Insurance Code section 11580.2, uninsured motorist coverage is provided to policyholders.
If Multiple Parties Are Involved
Multiple-party accidents with collateral damage can be highly stressful and complex. They can also take much longer than accident claims involving fewer people. A competent attorney can manage the intricacies of multiple-party car accidents by ensuring that liability is accurately apportioned and that you secure fair compensation.
For The Accurate Determination of Liability
Establishing liability in accidents can be challenging in certain circumstances. Hiring an attorney is crucial if there is doubt about who is to blame for the accident or if the other party or their legal or insurance representatives are blaming you. Your attorney will build a compelling case to establish accurate liability.
For instance, the California case of American Motorcycle Assn. v. Superior Court, 20 Cal. 3d 578 (1978) established the concept of comparative fault, where each party’s compensation is adjusted according to the percentage of their fault in the accident. An attorney can accurately apply such case laws to minimize your liability and prevent unfair reduction in your compensation.
When Someone Else Was Driving Your Car
If someone else is driving your car and gets into an accident, hiring an attorney can be very beneficial in determining liability, quantifying the damages, and presenting your claim persuasively before the court and the insurance company. Additionally, a car accident lawyer will assist you in correctly understanding the complex nuances of non-permissive and permissive use. For a comprehensive guide on this topic, check our detailed article: “What Happens If Someone Else Is Driving My Car and Gets in an Accident?”
If The Insurance Company Refuses to Pay
Most of the time, the insurance companies can deny even the legitimate claims. A competent lawyer can challenge such denials and strategically negotiate with your insurance company. If required, your attorney can effectively represent you in a lawsuit to secure the compensation and coverage you deserve.
How To Find A Car Accident Lawyer?
Choosing the right personal injury lawyer increases your chances of securing a successful outcome for your case. This process involves in-depth research, attending consultations, and evaluating the candidate based on their past reviews and your impression of them during the consultation to ensure they can effectively represent you.
At The Accident Helpers, we connect people who have been injured and need legal representation to a network of attorneys nationwide so victims can get the compensation they deserve.
Recommendations and Research
You can start your journey to finding a capable lawyer to represent your case by asking the people in your life if they have a recommendation. They will share their stories, which you will find closer to life. Personal recommendations often lead to trustworthy and reliable legal professionals.
Furthermore, you can research through various online platforms that list lawyers and categorize them as per their specialties. Look for attorneys with an assertive reputation, positive feedback from previous clients, and a history of favorable outcomes.
Always Check Credentials and Experience
Ensure the attorney has a valid license to practice within your state and represent you before the court of law. Additionally, the lawyer must specialize in successfully handling car accident claims. Every statute is complex and requires prior experience in dealing with the procedures.
A corporate lawyer can help you interpret the relevant law accurately and draft a persuasive argument, but it will require several trials and errors to get to the point. Time is of the essence with personal injury claims and legal procedures. Avoid wasting your precious time, and contact an experienced personal injury or car accident lawyer.
Schedule Consultations
Most car accident or personal injury lawyers provide free initial consultations. Use such consultations to thoroughly share your case and limitations and ask about their relevant experience. Assess their communication style and willingness to take your case during the consultation. A lawyer who wants to spend time on your case is likely a good fit.
Evaluate Their Track Record
Ask the lawyer about their success rate with cases similar to yours, what hurdles they faced, and how they overcame them. A lawyer with a strong track record will know precisely what legal strategies and negotiation tactics to ensure a favorable outcome for you.
Inquire About Their Fee Structure
Understanding their fee structure allows you to budget accordingly and seek accurate compensation. Make sure there are no hidden charges. Most lawyers work on a contingency fee basis, meaning they will only get paid a percentage of your winnings if they can secure a favorable outcome.
Your Rights as a Car Accident Victim
As a victim of a car accident, understanding your legal rights is essential for navigating the aftermath effectively and efficiently. These rights include seeking compensation and coverage for your damages and securing a fair settlement. By being aware of your legal rights, you ensure you are not taken advantage of by the insurance companies or other parties involved in the accident. The following are your rights as a victim of a car accident.
Right to Seek Compensation
You can seek compensation for both financial and non-financial damages. Financial or economic damages include coverage of tangible losses such as property damage, medical bills, and lost wages. Additionally, your non-financial damages include emotional distress, loss of enjoyment of life, and suffering.
The amount a victim receives for their injury depends on the severity of the injury. Imagine a plaintiff got into a car accident and sustained severe injuries, including spinal cord injury. The court may award the plaintiff compensation for medical bills, present and future lost wages, suffering, and pain. The extent of the damages highlights the long-term effects of being a car accident victim.
Right to Fair Settlement
Your right to a fair settlement is also important as it encompasses various rights. For instance, if you are not provided a fair settlement due to coercion or unequal bargaining power, your right to access due process of law and, hence, your right to jury trial is also neglected.
Additionally, a settlement agreement where you are forced to agree to unfair terms due to unequal bargaining power makes that agreement unconscionable. An attorney can help you get out of that agreement and secure fair compensation. If hired from the start, your attorney can prevent that from happening in the first place by strategically negotiating the deal to make sure you receive a fair and just settlement.
Right to Legal Representation
You have the right to legal representation. Attorneys bring expertise in gathering evidence, documenting damages and injuries, dealing with legal procedures and deadlines, and presenting a compelling case.
Contact The Accident Helpers
Whether you need to hire a car accident attorney depends on the severity of your case and its different aspects. If the damage is minimal and the liability is apparent, you can navigate your claim without an attorney. However, in circumstances where the parties involved in the accident have sustained severe injuries, or if there is a fatality or collateral damage with nuanced liabilities, then getting an attorney can prove to be highly beneficial.
Legal professionals can handle the intricacies of such cases before the court of law and the insurance companies, granting you peace of mind and justice. The Accident Helpers offer a comprehensive set of invaluable services after a car accident. From immediate post-accident assistance to connecting you to seasoned lawyers and assisting with repair services, etc., they provide the necessary resources to deal with such a challenging time and recover completely effectively.
