should i hire an attorney where i live or where i got in an accident

by Dr. Joshuah Bahringer DVM 10 min read

Bear in mind that it’s not always necessary to hire a lawyer if you’ve been injured from the accident. When injuries are minor, you will most likely have a good handle on it. The determining factor will be the severity of your injuries and the other driver’s injuries.

Full Answer

Should I hire a lawyer after a car accident?

There is no law mandating that you must hire an attorney when seeking compensation after a car accident. Some victims of car accidents choose to seek legal counsel and representation so that they can focus on their health and recovery while also pursuing legal action.

Should I hire an attorney for a personal injury claim?

Enjuris tip: If no one was hurt or there was no damage, it may not be worthwhile pursuing a personal injury claim with an attorney.

Do I need a lawyer in a small claims case?

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.

Do strange things happen in a personal injury case?

(You can ask any insurance adjuster, and they'll tell you that strange things do indeed happen!) Enjuris tip: If no one was hurt or there was no damage, it may not be worthwhile pursuing a personal injury claim with an attorney.

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When can I file a lawsuit?

There are limitations to whom you can sue. Certain states allow drivers to recover a settlement for pain and suffering and lost wages from their own insurers. Other states limit such settlements to victims who are suing an at-fault driver.

When should I bring an auto accident lawyer into the picture?

If you stand to receive a settlement for a minor injury resulting in less than $1,000 in medical care bills, you can negotiate fair compensation with an insurance adjuster on your own simply by educating yourself on the process.

When should you settle and when should you pursue a lawsuit?

Auto insurance companies will typically attempt to settle a small personal injury claim immediately following auto accidents to avoid going to court.

How to seek compensation for a car accident?

Filing an Insurance Claim. When you experience a motor vehicle accident, the first step in seeking compensation is to file a claim with either your own insurance provider or the other driver’s insurance company. In some states, comparative negligence laws apply, ...

Why do people seek legal representation for car accidents?

Some victims of car accidents choose to seek legal counsel and representation so that they can focus on their health and recovery while also pursuing legal action. You have the right to hire legal representation at any time throughout the process of making an insurance claim or pursuing a personal injury lawsuit.

How long does it take for whiplash to show up after an accident?

Keep in mind that some car accident injuries may only display symptoms days or even weeks after an accident. For example, whiplash may take several days to manifest, according to the National Institute of Neurological Disorders and Stroke (NINDS).

What happens if you are distracted while answering a phone?

If the driver engaged in distracted driving while answering a phone or navigating on a GPS, this breach in their duty of care they owed you while on the road may have contributed to the accident. A lawyer can help investigate the cause of the accident and use evidence to demonstrate the fault of the other driver.

Can a lawyer help you in a car accident?

While obtaining a lawyer does not guarantee you a specific outcome for your case, they can help investigate the crash, gather evidence to demonstrate the other driver’s negligence, and take care of negotiations with insurers on your behalf.

Can you seek insurance for a car accident if you are uninsured?

If the other driver’s policy cannot cover the costs of your losses, you may be able to seek them through your own policy if you carry uninsured motorist coverage. You can hire an attorney immediately after a car accident to help you assess your losses and explore the options available to you through your own insurance policy.

How are car accidents resolved?

Most car accident claims are resolved in settlement negotiations with the insurance company. Although some people try to handle this process on their own, the decision to proceed without an attorney is a perilous one.

Can you take things day by day in a car accident?

Car accident victims often have no choice but to take things day by day. Considering the extent of the injuries they suffer and the trauma of the crash, this is understandable. However, when you are caught up in the routine of doctor appointments and filing an insurance claim, it is easy to overlook the choices available to you.

What are the first steps I should take?

Your first step is always to seek medical treatment. Then, whatever state your accident happened in, you should contact the insurance company covering the at-fault driver and make a claim.

Do you need a lawyer?

The next step is deciding if you even need a lawyer. If your claim is straightforward, you may not need to hire anyone. This may be the case if the accident was minor and your damages weren’t severe, or if the other party’s insurance company is quick to pay up, or if there’s no question who was at fault.

When should you hire a lawyer in your state?

If the accident was significant, or if the other party’s insurance company refuses to cover your loss and damages, then it’s probably time to hire a lawyer. If the accident happened in your home state, the situation is simple.

When should you hire a lawyer in another state?

Geography really comes into play if your home state and the state where the accident occurred are far apart. If you’re from Alabama and the accident happened in Oregon, things can get tricky.

What if I really like my lawyer?

If you have a lawyer you know you want to work with, it is possible for him or her to prosecute your case in another state. Take the Alabama and Oregon example once again: if your Alabama lawyer is a member of the Alabama State Bar, it will be fairly easy for him or her to partner with a lawyer who works in Oregon.

How much money do you need to settle a lawsuit without counsel?

For example, if you're expecting a $100,000 settlement without the benefit of counsel, a lawyer would need to get you more than $150,000 to make it worth the bother. Believe it or not, most attorneys give honest opinions on whether or not it would be worth your while to hire an attorney or take any easy settlement.

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.

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.

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.

Is the police report accurate?

The paperwork does not look accurate ( police report, insurance communications) Details are complicated (technical, legal, medical) Insurance is not playing nice. You do, however, have to ask if paying an attorney to recovery $10,000 in damages is worth the bother if you end up handing over $5,000 to the law firm.

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