how do i determine if i need an attorney for my auto accident?

by Michaela Nader MD 10 min read

If you believe the other driver's negligence caused the car accident, you need an attorney if the driver at fault won't accept responsibility. Most drivers are aware that causing accidents could increase their insurance premiums, which is not something they would want to deal with, especially in these tough economic times.

You aren't legally required to have an attorney for a car accident claim. You will save attorney fees if you settle a claim yourself, putting more of the settlement amount in your pocket. For routine claims where there aren't serious injuries or high out-of-pocket costs involved, that may be the best option.

Full Answer

How Comfortable Are You Handling the Insurance Claim Without A Car Wreck Attorney?

Our goal as a firm is to take on cases where we are confident we add enough value to justify our fees and expenses to the client. If your injuries are minor and required perhaps only a trip or two to urgent care and/or your family practice physician to treat with rest and medication then it is very difficult for any lawyer to add enough value to justify the fee they would charge for representing you in that claim.

Do You Need An Auto Accident Attorney to Deal With Evidentiary Issues?

Ok, we know what you’re asking. What is an “evidentiary issue” and how are you supposed to know if you have one or not? The short answer is that “evidentiary” just means having to do with evidence, which is what lawyers use to prove injury cases to insurance companies or to courts.

When to get an attorney for a car accident?

If you’re wondering when to get an attorney for a car accident, the answer is “immediately.” If you’re being stonewalled by the other party’s insurance company, your lawyer may be able to help your settlement come through.

What to do if you have been in a car accident?

If you’ve been in a car accident, try to take pictures of the crash site. Documenting damage to your car is one way to get an accurate insurance settlement.

How long after an accident should you report it?

In general, you should report your car accident within 24 hours.

What to do if you are not at fault?

If you weren’t at fault, you need to have a lawyer who will help you prove your innocence and work to get you a decent settlement.

Can an auto accident lawyer help you file for workers compensation?

Auto accident injury lawyers can also help you file a claim for workers’ compensation. You’ll need to provide proof that you were unable to work and you may have to get a notarized document from your job.

Can you sue for pain and suffering?

You may be able to claim pain and suffering as part of your lawsuit, especially if you have had to undergo physical therapy or surgery.

Do I need a lawyer after a car accident?

You might be wondering “Do I need a lawyer after a car accident that wasn’t my fault?” Yes, you do. A judge will assign blame in an accident and you don’t want to get penalized for something you didn’t do.

How much do lawyers need to improve their recovery?

If a lawyer takes one-third of your recovery, then they'll need to improve your expectedresults by more than 50% to justify hiring them.

What to do if insurance company is not playing nice?

If the insurance company is not playing nice or refusing to acknowledge the full extent of your claim, you would definitely want to talk to an attorney.

Do insurance companies do their jobs?

In a lot of instances, insurance companies do in fact do their jobs as expected. There are definitely situations where you'd want an attorney to be involved, but there are also times when obtaining counsel is simply overkill. Let's take a look at some of the cases where you may NOT need to hire an attorney after an accident.

Do attorneys take on smaller claims?

Don't doubt there are attorneys who'll take on smaller claims in exchange for a higher percentage of the recovery.

Do injury lawyers offer free consultations?

Most injury and accident law firms offer free initial consultations, so feel free to ask around and get some advice before going forward with your claim .

Can you file a personal injury claim if you have no injuries?

Generally, if no people were hurt, or there was no damage ( no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim. Just be careful making this judgment of “no injuries” yourself.

Do you have to have counsel in small claims court?

You're certainly entitled to have counsel present to protect your rights in small claims court . The law firm, however, is likely going to expect a fee for their services rather than working on contingency, since the expected recovery would be very small. It depends on the situation.

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