Getting everything in order after a car accident can be a stressful and confusing time that is only made worse when there are injuries involved. Many people have no idea where to begin or what their rights are. This can make it all too easy for insurance companies to take advantage and cheat you out of fair compensation. One of the ways that you can protect yourself and your interests is by hiring a personal injury attorney.
Don’t File a Car Accident Claim on Your Own
While it is not legally required to have an attorney represent you for a car accident claim, it is often the best option. Insurance companies have a vested interest in paying out as little as possible and their adjusters are trained to negotiate in ways that are designed to devalue your claim. They count on the fact that most people do not have detailed knowledge of the law and their rights. Car accident attorneys have the knowledge and experience necessary to fight on your behalf.
When Should You Get a Car Accident Lawyer?
Personal injury claims can be very time sensitive, which is why it is important to speak with a lawyer right away. They can help you understand your rights and the best actions to take to ensure that you are compensated for any damages caused by another driver’s negligence. Some of the situations in which you may want to speak with a lawyer include:
- The accident was not your fault
- There is dispute over liability
- You or one of your passengers was injured
- Any of the injured people are minors
- You were the victim of a hit and run
- The other party does not have insurance
- There were multiple vehicles involved
- You are going to be out of work due to the injuries
- There were any fatalities
Should You Get a Car Accident Lawyer Even for a Minor Injury?
Everyone has their own definition of what they think a minor injury is. Personal injury law generally categorizes injury severity into three tiers.
- Tier One: Permanent disfigurement, disability, or death
- Tier Two: Broken bones, loss of consciousness, or need for surgery
- Tier Three: Soft tissue damage and minor concussions
Depending on the victim, their age, and their day to day life, a tier three injury can still have major consequences. When trying to determine if your injury is severe enough to hire a car accident lawyer, consider the following:
- Did you take an ambulance to the ER?
- Did you stay at the hospital overnight?
- Did you get any stitches or procedures done?
- Will you need further medical treatment?
- Will you be out of work for more than a week?
Why Should You Get a Car Accident Lawyer?
The legal system is often overwhelming for people who don’t already work inside of it. Trying to handle a claim on your own can be stressful and time consuming. When you hire a car accident attorney, you are giving yourself the opportunity to focus on yourself and heal from your injuries without the concern of pending negotiations and legal battle. They have the knowledge and experience needed to handle your car accident claim for you.
They Have Expert Legal Knowledge of Car Accident Claims
There are many different tasks that need to be done over the course of a car accident claim. Many of these tasks are time sensitive or need to be done in a specific order. Insurance companies count on the fact that most people are not taught the specifics of the law which make it wise to hire a professional. Some of the things a personal injury lawyer can help with include:
- Filing the right kind of insurance claim
- Understanding laws regarding liability
- Negotiating with the insurance companies
- Submitting the appropriate DMV paperwork
- Obtaining the police report
- Taking witness statements
- Finding and obtaining nearby security footage
- Helping to facilitate vehicle repairs
- Finding the right medical providers
- Knowing what damages can be claimed
They Can Help Determine Damages
Damages for a personal injury claim can include a wide variety of losses suffered due to the accident. This also includes any reasonably estimated future losses as well. These damages are generally sorted into two categories.
Economic Damages: Tangible financial losses
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- Medical Bills
- Lost Wages
- Repair Costs
- Household Services
- Transportation
Non-Economic Damages: Intangible losses
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- Emotional Distress
- Pain & Suffering
- Reduced Quality of Life
- Loss of Consortium
- Loss of Enjoyment
They Will Focus on Building a Strong Case
Trying to fight a legal battle on your own is difficult enough without the added stress and distraction of your injuries while also managing the upheaval in your day to day life. Hiring a car accident lawyer at a personal injury law firm means that your case gets the attention it needs to achieve the best possible outcome. They know exactly what needs to be done and what approach would be best for your specific situation. They have the time, resources, and experience to compile the evidence they need and craft a solid demand and negotiation strategy.
They Can Negotiate a Better Settlement
Car accident attorneys have a professional understanding of how much a case is worth, as well as the best tactics to utilize while negotiating with insurance companies. The majority of car accident claims are settled out of court and there is significant evidence that plaintiffs with representation are far more likely to receive larger settlements than plaintiffs who represent themselves. Having an attorney can be especially beneficial in more complex cases.
They Will Advocate on Your Behalf
Having an attorney means having someone in your corner who will fight for you and act in your best interests. They can give you support and guidance throughout the healing process while alleviating as much of the stress and heavy lifting as possible. Because car accident attorneys generally work on contingency, the best possible outcome for you is also the best possible outcome for them.
Litigation Skills & Experience
Litigation is a complex, expensive, and time consuming process that everyone would rather avoid which leads to most cases being settled out of court. However, despite everyone’s best efforts, there are some cases that still must go to trial. While you can represent yourself in court, unless you are an attorney yourself, it may be best to seek out expert representation. Car accident attorneys are familiar with the court system and know how to present cases before a judge and jury. They can also advise and prepare you before the trial so that you are ready for anything the other party presents as a defense. No one can predict exactly what will happen or how a case will go, but your attorney will have the experience you need to give you the best fighting chance.
What Should You Look for in a Car Accident Lawyer?
When trying to decide what attorney would be the best fit for you and your case, there are many things you may want to consider:
- Is car accident their primary specialty?
- Do they have experience with complicated motor vehicle accidents?
- What is their contingency percentage and fee structure?
- How do they communicate with their clients?
- Do they have any disciplinary action on their record?
- What is their average success rate?
When Do You Not Need a Car Accident Lawyer?
There are many kinds of traffic accidents that do not require the assistance of an attorney. Sometimes, you may not be sure until you speak with them and explain your situation. However, sometimes it can be easy to tell if you can handle things on your own.
When No Injuries Were Sustained
Not every car accident claim involves bodily injury. Many accidents such as low speed collisions, side swipes, or incidents involving parked cars result in property damage only. In these circumstances, the necessary insurance claims are clear enough to handle without professional assistance.
When the Claim is So Small It Doesn’t Justify a Car Accident Attorney
Other times, there may be an injury that does not require medical attention beyond a checkup at urgent care. The victim may lose a day or two of work but is able to continue life as normal right away. Although there are damages that you have a right to be compensated for, it may be too small to require a lawyer. Insurance companies are sometimes more willing to settle small claims fairly and the evidence needed is simple enough to obtain on your own.
When the Settlement Offer is Fair
If a claim is smaller, the insurance company may offer a fair amount as a settlement which removes the need for further evidence and negotiation. Sometimes, if it is a more severe accident with clear liability and limited coverage, the insurance company may decide to just pay out the maximum policy amount. This may be sufficient depending on the situation, or you may wish to consult with an attorney about exploring additional options.
If You’ve Been Injured, You Should Get a Consultation with an Expert Car Accident Attorney
Most personal injury attorneys offer free consultations, so you have nothing to lose by going over your situation to see if you should file a car accident claim. Car accident lawyers like those at Mesriani Law Group have an area on their website where you can submit an inquiry as well as a number to call to speak to someone directly. Many firms also have an intake department who will take down your information to expedite the process. They will want as many details as possible, so it is wise to have the information ready when you call. If the attorney determines that your case is a good fit for their firm, they will guide you on the next steps from there.
Contact Mesriani Law Group if You Have Been in a Car Accident
Trying to settle a car accident claim can be a stressful ordeal. No one should have to face that on their own, especially when recovering from a car accident. Finding the right attorney can be one of the most important decisions you can make. You want someone you can trust who is experienced and makes sure you have what you need to get your life back. Our firm is dedicated to giving our clients their best fighting chance while seeking compensation for their losses. If you have been injured in a car accident caused by the negligence of someone else, call Mesriani Law Group today for a free consultation.
Car Accident Attorney FAQs
Do I need a lawyer for a car accident in California?
If you have been involved in a traffic accident and are unsure as to whether or not you should speak to a personal injury lawyer, the first two things you need to ask yourself are:
• Was the other party at fault?
• Were you injured?
If you answered yes to both questions, then you may want to have a consultation with a law firm that specializes in car accident claims to go over the details of the situation. They can tell you whether there is a viable claim for them to assist with.
What percentage do most personal injury lawyers take?
Personal injury attorneys generally work on a contingency basis which means they get paid a percentage of the final settlement amount. The average minimum percentage for cases settled in pre-litigation is approximately 33 percent. If the case progresses into litigation, this number will increase to cover an increase in labor costs and other expenses. If the case goes to trial, the contingency fee may be as high as 50 percent.
What questions should I ask an attorney?
When seeking legal representation for a potential car accident case, there are many questions you may have for prospective attorneys. These questions can include:
• Do you specialize in car accidents?
• Do you handle claims against government entities?
• How does your fee structure work?
• What is the process for handling these cases?
• Will I be working with a case manager or the attorney?
• What do you need from me?
• Is there anything I need to handle on my own?
• How much do you assist with property damage?
Why do lawyers take so long to settle a case?
When dealing with a car accident claim, there are many different tasks that must be completed, some of which must be done in a specific order. There are forms that must be submitted and documents that must be obtained and filed. Requests for evidence and information from medical providers, law enforcement, and insurance companies often have long waiting periods before a response is given. The demand and negotiation stage generally cannot even start until the plaintiff has completed treatment and all evidence of the losses suffered has been compiled. It can often be frustrating for people who are eager to get their lives back to normal, but building a strong case requires patience.
