When to Get an Attorney for a Car Accident

When to Get an Attorney for a Car Accident

Some people think they can save themselves money if they independently handle their car accident claim and deal directly with the insurance company. However, this mindset is a big mistake and will cost you money.

After a car accident, you always need a lawyer, so hire one as soon as possible.

Fortunately, many personal injury lawyers work on a contingency fee basis, which can bring you some financial relief.

A contingency fee is a payment arrangement where the attorney agrees to handle your case without any upfront fees or costs.

Instead, they will receive a percentage of the compensation awarded to you if they successfully obtain a settlement or win your case in court. If your attorney doesn't secure a favorable outcome, you won't owe them any money for their services.

By working on a contingency fee basis, attorneys are motivated to achieve the best possible results for their clients. Since hiring a car accident lawyer does not cost you any money from your pocket, there is no downside to you making this call as quickly as possible.

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You Need a Lawyer, and You Need One Now

The first question you may have is whether you even need an attorney for a car accident. If you have suffered any injury, the answer to this question will always be yes.

Your financial compensation, both how much you get and whether you receive it all, depends on having legal help. The second question is when you should hire a lawyer after an accident.

Here, the answer is as soon as possible after the crash. You must get the legal help you need because it may cost you the money you deserve.

When considering getting a lawyer after a car accident, you must know who you are against in the legal process.

After filing a claim, you are dealing with insurance companies who sit across the table from you adversarially. They represent the other driver in the accident and have a duty to defend them under the insurance policy terms.

If you prove that the other driver was to blame for the crash, the insurance companies will take on a financial obligation to pay you and are liable up to the amount of the policy limit.

Insurance companies have an incentive to settle your claim, but they want to do it on the most advantageous terms.

Insurance companies will use every tool at their disposal to keep their tab to you as low as possible. They know that the money they pay you comes straight from their account, and it cuts down their profits. They think nothing of using rough tactics, such as wearing you down over protracted negotiations and deliberately understating the extent of your injuries.

Insurance companies, whether savvy adjusters or insurance defense lawyers, have an entire infrastructure to back up their position. These people have incentives to keep the insurance company happy by saving money at your expense.

If you do not have someone looking out for your compensation, you will end up on the losing end of the equation. You can still lose, even if you get some money, because it is a definite loss if you are paid $10,000 on a claim that is ultimately worth $100,000.

Yet, that is the dream scenario for the insurance company, and it is entirely possible if you do not have a lawyer by your side. You may only know what your claim may have been worth after you sign away your legal rights in a settlement agreement.

The only way to fully protect your legal right to compensation for all your damages after a car accident is to hire an experienced car accident lawyer. Otherwise, you will end up at the mercy of an insurance company, which shows you absolutely none of it.

You Can Lose Evidence if You Wait to Hire a Lawyer

The first crucial thing in any car accident case is to prove that the other driver was to blame for what happened. As the claimant or plaintiff, you are the one who has the legal obligation to meet your own burden of proof.

In a car accident claim, you must demonstrate that the other driver was negligent. You have to show this by a preponderance of the evidence, meaning that your version of the facts is 51 percent or more likely to have happened.

You prove negligence by providing the insurance company or jury with evidence of what the other driver did that was unreasonable under the circumstances. You can do this through physical evidence, such as pictures and video from the scene or testimony from third parties who saw the accident.

No matter how you try to prove what happened, you lose evidence in the days after the crash. You may be unable to locate witnesses after some days, or they may not remember what they saw.

You Are a Target for the Insurance Company Without a Lawyer

Then, insurance companies may have their own motivation to trick or pressure you when they see you unrepresented by counsel.

You may think that you have to talk to the other driver's insurance company, and you can say something that may undercut the story that you are telling. After the words leave your mouth, you cannot take them back. The insurance company may already have these words on the record and is ready to use them against you when advantageous.

Your Lawyer Needs Time to Do Their Work

Your lawyer cannot immediately file a claim with the insurance company or a lawsuit in court. Before approaching the insurance company, you must have your figurative ducks in a row.

Before you can file a claim, your lawyer must:

• Investigate your accident, review the evidence, and obtain proof that the other driver was at fault. If you do not have sufficient evidence to support your claim, the insurance company can deny it, forcing you to file a lawsuit.
• Your attorney will estimate the amount of damages you suffered. You will need to know how much your case is worth in order to negotiate with the insurance company successfully. Your lawyer can work with expert witnesses to learn how your accident injuries have affected you.
• Your lawyer will counsel you on your legal options. You are responsible for making decisions in your case in consultation with your lawyer. An attorney will have to educate you on the legal process so you can make the best decisions (after your attorney recommends a course of action).

You do not want a lawyer to have to rush. When your lawyer has time to work, they can put their best legal foot forward when they approach the insurance company through a claim or file a lawsuit with the court.

Many lawyers will tell you that you must move quickly to obtain legal representation, or else you will miss the statute of limitations for filing a car accident lawsuit.

Of course, you must keep an eye on the time clock, but you should never think you have years to call a lawyer to begin the legal process. If you contact an attorney as the statute of limitations for your case approaches, you will likely not find a lawyer who will even take your case.

Because your case is likely cold, they cannot help you recover financially, and they will not get paid themselves.

The Legal Process Takes Time to Conclude Successfully

It is hard to give you an exact timing of the legal process or even a ballpark for when your case may settle. Insurance companies are often not in a hurry to settle your claim because they think that delay will make you desperate.

Knowing that it can take time to get your money, you want to take the steps within your control as soon as possible. There is one major thing that you can personally control, and that is when you call a lawyer. Once you have an attorney, they can work with you on timing, but you can only begin the legal process once you have a lawyer working for you.

The legal process may take longer if you must go to court for your case. Thus, call a lawyer now to eliminate the delay that can occur from your end.

Have a Family Member Contact a Lawyer if You Cannot

These days, you do not have to worry about physically traveling to see a lawyer when you are dealing with injuries. First, your lawyer can do much of the initial work with you over the phone, getting to know you and learning about your case.

With the advent of Zoom, your attorney can even discuss your case through video conference when you want to see and size them up.

If you cannot contact a lawyer because you are seriously hurt, a family member can reach out on your behalf. Many car accident lawyers can even come to you to discuss your case and will make it as easy as possible for you to get legal help.

Thus, you can still speak with a lawyer, even when you are dealing with physical injuries that prevent you from leaving the hospital or your home. Then, your lawyer will accommodate your physical condition when they speak with you.

You Do Not Have to Pay Upfront to Hire a Lawyer

You will pay the lawyer similarly, no matter when you hire them for your case.

Your attorney gets a percentage of any money you may receive concerning your car accident claim. You sign a representation agreement that promises to pay your lawyer from the proceeds of your settlement, should you receive one. This percentage does not change if you hire an attorney later in the case.

In addition, you do not have to write your lawyer a check to secure their service. They do not ask for a retainer and will not send you monthly bills.

In fact, your lawyer does not bill you at all. Thus, you do not have to stress about coming up with money, making it even easier to obtain legal representation after your car accident.

Hiring a personal injury lawyer as soon as possible after a car accident is essential. They have the experience and knowledge to protect your rights, evaluate your case, and navigate the often challenging legal system.

A lawyer gives you the best chance at a favorable outcome and ensures you tell your side of the story in the legal proceedings. So don't hesitate to reach out to a lawyer today. Consultations are free.