is it best to obtain a lawyer when in an auto accident

If you're injured in a car accident, then hiring a lawyer will almost always ensure a much better settlement. Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you -- one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.

Full Answer

When you should hire a car accident lawyer?

You should hire a car accident lawyer for times when you have to negotiate with the insurance company and fight back against the insurance trying to pin the blame on you. Even if you were not hospitalized, you may claim any medical expenses incurred as a result of the accident and get compensation for any emotional distress.

Should I contact an attorney for a car accident?

• Depending on the nature of your accident, you may be entitled to various types of insurance claims.
• Initial consultation with most lawyers is free, hence no risk of commitment.
• Insurance companies never have your best interests at heart.
• Time is of the essence.

Do I really need a car accident attorney?

In short, it’s important to have a lawyer if your car accident is in any way complex. These are the types of complex accidents where you should hire a lawyer: The other driver was drunk, on drugs, or distracted by texting/phone use. Injuries involve broken bones or fractures. Your medical bills are more than $5,000.

When to hire a lawyer for a car accident?

• Funeral expenses: Based on the kind of burial or services you prefer; funeral costs can cost you thousands of dollars.
• Medical expenses: The cost of hospitalization, surgeries and medicines can be mind-boggling.
• Loss of companionship: Losing a loved one to a car accident can wreak havoc to your personal life. ...

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Is it worth getting a lawyer for a car accident?

You may want to consider an auto accident lawyer if you suffered damages to your quality of life or the other driver’s insurance company is refusin...

Can I fire my auto accident lawyer?

Yes, you can fire your auto accident lawyer or legal team at any time. They work for you. However, be sure to read your agreement because some lawy...

What is the average payout for an auto accident?

The average bodily injury accident claim in 2018 was $15,785, according to the latest data from the Insurance Information Institute. Insurance comp...

How can an attorney help you in a car accident?

Perhaps the most important way an attorney can help you with your car accident case is by being your advocate. This means that your attorney acts on your behalf and for your benefit throughout the entire claims process (negotiating with the automobile insurance company) and even in court if a lawsuit becomes necessary. He or she will be your champion before the judge, jury and other attorneys, making sure that your side of the story is heard and that you are compensated for all of your losses.

What does it mean to hire a personal injury attorney after a car accident?

Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you -- one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.

How long do you have to file a lawsuit after a car accident?

For instance, in many states you must file your lawsuit within two years of your car accident or be forever prohibited from filing your lawsuit. An attorney will also be able to inform you about any special exceptions to the statute of limitations -- for minors, for example.

Can an attorney file a lawsuit?

Your attorney can file a lawsuit on your behalf and will know how best to mitigate any possible defenses raised by the other side. In addition, once your case gets under way, your lawyer will play an invaluable role in preparing your case for trial -- and even going to trial if your case doesn't settle.

Do you need an attorney for a car accident?

Usually, car accidents in volving serious or long-term injuries require an attorney to get the most desirable outcome.

Can an attorney do a car accident settlement?

After you have been in a car accident, taking on this time-consuming work may be the last thing you want to do, assuming you're able. An attorney can do it all for you.

Do You Need a Lawyer After an Auto Accident in Texas?

If you are injured in an auto accident in Texas, the need to call a lawyer may not be your first thought – but it should be a priority.

Basic steps to take after an auto accident in Texas

If you are involved in an auto accident in Texas, safety should always come first.

Why speak to a lawyer after an accident?

Whether you’re injured in a car, truck, motorcycle, or other accident, you will probably be in shock for a few days.

How will an auto accident lawyer help?

An auto accident lawyer will take over the burden of communicating with the at-fault parties from you and your family.

Will my case go to court?

Most experienced accident lawyers will exert pressure on the insurance company of the at-fault party to commit to a fair settlement.

Can you settle without a lawyer?

There is no legal requirement to hire a lawyer to claim compensation from the at-fault party in Texas.

Been in an accident in Houston area?

At the DeHoyos Law Firm PLLC, we’ve seen all sorts of personal injury cases and provide professional and compassionate representation while holding insurance companies to account.

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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.

Fault matters in an accident

The police usually decide who caused an accident. Insurance companies use the police report to decide who gets payment. If you're careless, break traffic laws or drive dangerously, you could be blamed for an accident.

How to know when to sue

If you don't know whether to sue the other driver after a car accident, you probably should, especially if you were hurt in the accident.

It's best to hire a lawyer

Some people worry that they can't afford a lawyer, especially after an accident. But a good lawyer only asks for payment if you win.

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.

What to do if you have a car accident?

Even if you didn’t cause your car accident, you may still need a lawyer to protect your rights and help you get the best result. 1 the accident caused significant injury or vehicle damage 2 fault is in dispute 3 the insurance company is digging in for a fight, and 4 the fault rules in your state make things a bit more complicated.

What happens if you and the other driver have different stories?

You might have no doubts that the other driver caused the accident, but if you and the other driver have different stories, it might result in an ongoing investigation by each insurance company. And if enough money is at stake, your car accident may result in litigation. If there's a lot at stake and neither side is ready or willing ...

How much can a plaintiff recover from comparative negligence?

If a plaintiff has $100,000 in damages, but is 45% at fault, they can still recover $55,000. Modified comparative negligence: The ability to recover depends on ...

How much can a plaintiff get from a defendant?

So if the plaintiff is 25% at fault and they want $100,000 from the defendant who is 75% at fault, the plaintiff gets $75,000. But if the plaintiff is 55% at fault, the plaintiff gets nothing.

What happens if you make a claim to cover all your losses?

If you try to make a sizable (but justified) claim to cover all your losses, there's a good chance the at-fault driver's insurance company will either dispute liability or deny that your losses are as extensive as you claim. And if the other driver has extensive damages, they may try to point the finger at you, ...

Do you need an attorney for a car accident?

If you're in a modified comparative or contributory negligence state, you might need an attorney to make sure you're getting the best result. Learn more about how an attorney can help in a car accident case ...

Can you handle a car accident on your own?

By Curtis Lee. In some situations, it might make sense to try to handle a car accident claim on your own. But even when you're not at fault for the accident, several factors make it more likely that you'll want an attorney's help to ensure the best outcome. These include: