Your Car Accident Claim: Signs That You Need a Lawyer
After the initial shock wears off, what next?
Should you hire a lawyer? Or is your situation simple enough to take on yourself? And do you really have the financial capacity to handle legal fees and expenses? These are some of the questions you have to answer.
When Is a Lawyer Strongly Recommended?
They are recommended in the following circumstances.
If You Suffered Severe Or Complex Injuries
Some examples include:
- Multiple surgeries - If you need more than one surgery to treat injuries caused by the collision, there may be a lot of complicated legal documents required. Recording all these details properly and connecting them to your case takes experience that attorneys have.
- Long recovery times - An attorney can help quantify these costs.
- Permanent disability - Certain severe injuries cause changes that never go away fully, which reduces your ability to work, care for yourself, or enjoy hobbies you previously did. Putting a value on these types of major "quality of life" reductions requires legal expertise. For example, if you lost function in your dominant hand due to nerve damage from the crash, an attorney can demonstrate how this impacts your career and personal independence on a day-to-day permanent basis.
- Unclear outlook - Sometimes medical specialists can't say for sure whether a head injury, back injury or other harm from the accident could worsen over time. Documenting the possibility of health problems down the road is vital for your claim. This is very difficult without legal knowledge and resources. An attorney understands how to obtain expert testimony discussing potential longer-term implications of the injuries sustained.
When Multiple Drivers Were Involved
For crashes involving more than two vehicles, figuring out precisely who was at fault and to what degree can get very complicated. Personal injury lawyers have access to resources and methods for demonstrating evidence related to liability and negligence. They also know how to handle tricky situations such as:
- Drivers or insurance companies denying responsibility or unfairly placing too much blame on you - With multiple parties involved, fault disputes frequently arise. Skilled attorneys utilize legal tools like subpoenas and depositions to establish negligence by the other drivers.
- Contradictory accounts from different drivers about what occurred - It is common for the various motorists' descriptions of the accident circumstances to conflict. Lawyers have investigative means to reconcile these discrepancies.
- Complex legal arguments needed to prove another driver acted negligently based on traffic laws and previous court decisions - Showing exactly how a driver's specific actions violated vehicle codes requires extensive legal expertise.
Watch Out for Common Insurance Company Tactics
Insurance providers ultimately care about protecting their profits. Sometimes this leads to sneaky tactics that could limit your claim value or pressure you to accept an unfair settlement if you don't have a lawyer on your side. Be very cautious if you notice adjusters doing things like:
- Pushing you to close your claim quickly before the full extent of your costs and losses is clear - It often takes many months or longer for all medical expenses and lost wages resulting from a serious accident to fully emerge. Insurers may encourage fast resolution knowing further losses are forthcoming.
- Downplaying the implications of legal paperwork you sign related to releasing them from liability or agreeing to a low settlement - Adjusters could convince you certain documents are insignificant formalities when in reality they greatly reduce or relinquish your rights.
- Taking weeks or months to respond to you, hoping to frustrate you into giving up on seeking fair compensation - Drawing out communications gradually can wear down one's motivation to keep pursuing rightful damages, especially for lengthy recovery situations.
When Self-Representation May Work
While having a car accident attorney is wise in many situations, there are also some straightforward cases where you may be able to effectively handle your claim without needing to hire a lawyer.
For Minor, Clear-Cut Claims
If the collision was relatively minor, with vehicle damage and any injuries being small-scale and now fully resolved, and it is totally obvious who was liable, you may be able to successfully manage the claims process on your own.
Here are some examples:
- Small scratches or dents - If there was only minor cosmetic harm with repair costs that insurance agrees on. For instance, a scrape to the bumper requiring a quick fix at a body shop for a couple of hundred dollars.
- Quickly healed issues - Sprains or bruises that got better after limited medical treatment. For example, a sore neck for a few days that can be treated with over-the-counter pain medication.
- Clear fault and cooperative insurance - When police report and evidence show without any doubt that the other driver was completely responsible, and their insurance admits this and makes reasonable settlement offers. If the at-fault driver rear-ended you at a stop light and their insurer accepts full liability without dispute, self-representation may work.
Tips for Doing It on Your Own
If you determine your situation matches the criteria above for self-representation, consider the following tips for dealing with an auto accident claim:
Stay Highly Organized
- Make a detailed timeline of everything related to the crash - conversations you had, appointments, symptoms showing up or improving, and treatments obtained. Small details really matter, so record specifics about exact dates, times, people interacted with, topics discussed, etc.
- Take photos of visible injuries and vehicle damage from all angles possible, with something for scale size reference. Also, document details at the accident scene thoroughly through pictures.
- Keep every single receipt for even minor expenses due to the collision, including public transportation costs if your vehicle was not drivable. Meticulously track all related spending in an Excel sheet. Do not throw paperwork away too soon in case new costs emerge.
- Obtain copies of all medical documents and billing statements. Maintain meticulous records in clearly labeled files sorted by provider and/or expense category. Create backups digitally to guard against paperwork loss.
Communication Pointers
- Stay calm and purely factual when emailing, leaving voicemails, speaking on calls or writing letters to insurance personnel. Never get emotional, sarcastic or speculative in your language. Stick only to documenting event specifics.
- Briefly summarize key points and any agreements made after every phone or in-person discussion via follow-up email to the adjuster. Insurance companies frequently pretend verbal promises did not happen without written confirmation.
- Tell your account of how the crash unfolded exactly the same way each time you describe it. Speculating or changing even minor details appears suspicious and questionable. Consistency lends credibility.
- Do not use inflammatory language or react strongly even if you feel treated unfairly. Cooler heads prevail during financial negotiations. Professional decorum smooths resolution.
Key Factors to Weigh
As you evaluate whether to hire legal counsel or go the DIY route, some important considerations include:
- Injury severity - The more intense and ongoing your post-accident health issues, the more lawyer expertise matters for case success. Minor or straightforward injuries favor self-representation. Significant lasting harm suggests needing an attorney.
- Clear liability - Obvious blame scenarios enable easier solo claims handling. Complex fault disputes demand attorney guidance to establish negligence.
- Insurer cooperation - Uncooperative insurers substantially raise the need for representation to apply effective pressure. Difficult adjusters may warrant legal advocacy.
- Medical uncertainty - Extensive treatment needs or unclear prognoses require legal skill to prove losses warranting fair payouts. If a full recovery timeframe is ambiguous, the support lawyers provide in calculating lifelong impacts is invaluable.
- Financial impact - Loss of wages/future earning power increases the value of strategic legal advocacy demonstrating real damages owed. Attorneys can quantify reduced work capacity rigorously.
Additionally, gauge whether you realistically have 20-30 free hours weekly for diligent organization, insurer negotiations, calculating losses, and settlement research without attorney support. The process is extraordinarily time-intensive. Lacking extensive effort could severely limit the potential compensation achieved.
Moreover, a talented lawyer often secures far higher payouts, even after taking their fee percentage - so their skill in maximizing value should not be underestimated. Weigh whether DIY savings outweigh the settlement amount an attorney may be able to win. Is penny wise but pound foolish?
Strict Legal Deadlines Apply
Importantly, all states impose strict time limitations dictating how long after a crash you are legally permitted to file an injury claim seeking compensation. Known as the "statute of limitations", this deadline ranges from 1 to 6 years depending on your state laws, with 2 years being most typical.
Smaller windows related to insurance policies and programs may additionally apply here restricting opportunities if missed. Savvy personal injury lawyers have intimate expertise regarding these critical cut-off dates heavily impacting your rights and options down the road.
Letting cases lag indefinitely involves major financial risks. As more time passes, the quality of evidence and witness memories also naturally decline. Insurance providers may purposely increase delays hoping you'll eventually surrender the pursuit of fair damages legitimately owed to you.
Conclusion: Carefully Assess Your Situation
Deciding whether to hire a car accident attorney or realistically handle your claim without legal fees requires careful examination of factors on both sides. Arm yourself with detailed information regarding:
- Your state's insurance statutes of limitations
- Average attorney contingency fee percentages in your area
- Time investments are obligatorily required for self-representation
- Settlement value limitations if accepting the insurer's initial offers
Compare your specific accident circumstances against the scenarios presented above indicating higher attorney necessity due to injury extent, liability disputes, uncooperative insurers, ambiguous medical outlook, and considerable financials at stake that a lawyer could potentially maximize.
Recognize you can always start off self-representing and engage counsel later if proving excessively difficult or repeated low insurer offers. Being flexible is wise. Yet also avoid jeopardizing fair compensation simply to keep more money in your pocket short-term. Analyze what level of legal expertise your situation objectively demands, and act accordingly.
With diligent organization and research, you can make the optimal choice regarding accident injury claim representation. Pay particular attention to strict legal deadlines imposing constraints on your options. Then examine both the quantitative and qualitative factors at play in order to determine whether to hire an attorney or prudently go alone. Making an informed decision upfront saves much frustration down the road.