One of the hardest things that car accident victims must contend with is the never-ending stream of details. From taking care of your health to the details of repairing your car or having it declared a total loss, you are going to be busy at a time when you may be at your worst healthwise. However, you cannot afford to pause because the passage of time can make things more complicated for you.
In the midst of all of this, you need to keep an eye on the legal process. You have a limited time to file your car accident claim, and you can expect the process to be lengthy. As much as you want and need to deal with your injuries, you must also begin to file a car accident claim and secure financial compensation. A car accident lawyer has an understanding of the laws and regulations surrounding car accidents and can guide you through the process. By having a lawyer handle the legal side of things, you can focus on your recovery and peace of mind, so you should hire one sooner rather than later.
The Insurance Company May Be Trying to Pressure You
The other driver's insurance company may immediately realize it has a problem on its hands. Even though you may be far from ready to file a claim, once it hears the initial facts, it may know it can owe you a considerable amount of money. Then, the insurance company may go into damage control mode, hoping to save money at your expense.
Insurance companies' pressure campaigns can come in several forms. They often try to speak directly to you because they know they can trick you into saying something that can make your case harder. They may ask you to give a statement before anyone determines liability in your case. Insurance companies may not even ask for a statement. They can try to get you talking while taking notes about what you are saying, so they can use what you say against you when it is convenient for them.
Remember that you never have to talk to the other driver's insurance company. In fact, there is never any upside in speaking with them because things can only go wrong for you. Therefore, if you hear from the insurance companies, you should politely decline to talk to them. You can refer them to your attorney if you already have a lawyer.
Alternatively, insurance companies can pressure or deceive you into accepting a quick settlement that drastically underpays your claim. It is a massive win for them if they get you to take less than you deserve. Be very careful when accepting anything from insurance companies or signing anything they give you. One never knows what sneaky language they bury in the document, which can mean you have given away your legal rights.
You Will Need to Go to Doctor's Appointments
You must tend to your health in the days after a car accident. You may have received medical treatment at the accident scene or even gone to the hospital. If the hospital releases you, or you never went in the first place, you should still follow up with your doctor or other medical professionals. You may have underlying injuries that take time to show up.
Some car accident injuries will begin to show symptoms in the days after a car accident. For example, you may not feel pain from whiplash at first. However, you can develop pain and discomfort in your neck and back days, or even weeks, after the car accident. You must see a doctor at the first symptom because these injuries can worsen without medical treatment. In an even more severe instance, you may have suffered a brain injury, and going without medical care can make your condition far worse.
Your health needs to be your primary focus. If your doctor recommends you follow up with a specialist, you should schedule and attend the appointment. The same thing goes for physical or occupational therapy. You have a legal obligation to mitigate your damages, meaning you must seek and stick with medical treatment. In addition, you owe it to yourself and your family to take care of your condition.
In the days after an accident, your health becomes a full-time job. It will (and should) take up much of your focus. However, you have to deal with other details, in spite of the fact that you are both injured and preoccupied.
There Are a Lot of Details to Handle
Some of the details that you have to deal with involve your transportation. The accident may have caused damage to your car, and you need to obtain another mode of transportation. Your insurance company (or that of the other driver) may arrange for you to get a rental car. In the meantime, you will need to have your vehicle repaired. The insurance company may declare your car a total loss, which can hurt you financially if you do not have gap coverage insurance.
You may be fighting with the insurance company about a total loss declaration because you can end up underwater on the car you already have or not have enough money to purchase a new one.
You may feel like your phone is ringing off the hook because you are talking to doctors and your own insurance company. If the phone is ringing from the other driver's insurance company, refrain from speaking with it.
An experienced car accident lawyer can handle many of these details. For example, they can speak with your medical providers if there are issues about how you will pay for your case. Your lawyer can negotiate the bills or medical liens or give you more time to pay when they demand immediate payment.
Money May Be Tight for a While
You can also expect to deal with financial difficulties until you receive money from a settlement because there are numerous bills that you need to pay. Hopefully, your insurance company (or that of the other driver) will cover repair costs before you reach a final settlement agreement. In addition, you may have co-pays or other forms of cost-sharing for your medical bills. Your providers may be trying to collect from you because they do not want to wait for payment until you get your final settlement check.
At the same time, you may be unable to work because of your car accident injuries. If you had a physical job, you may be unable to perform the duties that you did before the crash. You may even miss considerable time from work if your job responsibilities are not physical in nature, between doctor's appointments and the time it takes to recover from your injuries.
The combination of money going out while less is coming in can place you in financial distress.
However, this does not mean you should panic and take whatever the insurance companies offer. They are counting on what they perceive to be your desperation to get you to take less than you deserve in compensation. You must hold out for what they owe you, even if you have some tough financial times before you get your check. You might consider litigation financing for part of your case if you are in particular financial distress.
The Legal Process Does Not Wait When You Are Injured
Unfortunately, the car accident claims process does not wait for you to recover, and you must take action when you are not at your best. You may be unable to deal with anything beyond the details already swamping you. However, you do not have the luxury of time, especially when the other driver (and their insurance company) may owe you a significant amount of money.
First, you can lose valuable evidence to prove your claim. Before discussing actual money, you must demonstrate that the other driver was to blame for the accident. You need proof of negligence before they have a legal obligation to pay you, and that evidence is only available for a limited time. If you do not have proof of negligence, you will not even get a settlement offer, let alone a dollar in compensation.
However, because of your injuries, you cannot make the phone calls and talk to the people necessary to gather this evidence. You may also be unable to visit the accident scene and work with any expert witnesses who can give their opinions about what happened during the crash. It is essential to complete these tasks promptly because car accident evidence has a definite shelf life. A lawyer may not even take your case if you do not reach out to them within a reasonable time frame after your accident.
Hire a Car Accident Lawyer Right After the Accident
After a car accident, you have enough to worry about, and the stress will last for a long time after the crash. It is essential to focus on healing and take other pressures off yourself. At the same time, you want to put yourself in the best possible legal position to seek maximum compensation for your injuries.
Fortunately, you can hand over the details of your legal case to an experienced attorney who can take the ball and run with it. You cannot, and should not, try to deal with the insurance company on your own to seek compensation. It is a losing proposition to represent yourself in a car accident claim. The one certainty is that approaching the insurance company without a lawyer will cost you money, even if you avoid paying an attorney. Insurance companies have built-in advantages that can overcome your legal right to compensation and allow them to treat you unjustly during the claims process.
When you hire an attorney right after the car accident, you can get an effective legal advocate and peace of mind. At least you know you have someone you can trust who can effectively stand up for your legal rights, saving you hassle and protecting you from the insurance company.
All it takes to hire a lawyer for your case is one phone call after you have begun doing some research. You will then speak to a lawyer during a free initial consultation to decide whether to hire the lawyer for your case. Once you retain an attorney, they go to bat for you. They will work to build your case and put you in a position to file a claim once you reach the point of maximum medical improvement. Your lawyer will also be a barrier, keeping the insurance company from pressuring and hectoring you directly. Their presence can save you quite a bit of hassle and difficulty.
It Costs You No Money Upfront to Hire a Car Accident Lawyer
Your finances are already stretched enough after a car accident, mainly because you need to pay bills and may not be earning money. You do not have to bust your budget further by using your limited funds to pay a car accident lawyer. The money to pay a lawyer never comes out of your own account. It only comes from the proceeds of your car accident claim or lawsuit should you actually receive money. Then, your lawyer gets paid a percentage directly before you even receive money. However, if you do not settle your claim or win at trial, you do not have to pay anything for your lawyer's time and services. Thus, getting legal help after a car accident is a risk-free proposition.
Hiring a personal injury lawyer after a car accident can significantly benefit you. They can handle insurance negotiations, gather evidence, assess the value of your claim, and navigate the legal system on your behalf. With their experience and guidance, you can feel confident that they are protecting your rights and that you receive the compensation you deserve. So, don't hesitate to reach out to a lawyer if you find yourself in need after a car accident. They will be there to support you every step of the way.
Thomas Waffenschmidt
Attorney
Thomas Waffenschmidt has served on the Pennsylvania Association for Justice since 1990 and has been a board member from 1999 through 2014. He has also served on the board of the Lycoming Law Association since 2008 and served as president in 2014.
Author's Bio