is it better to use a lawyer when in a car 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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What is the best way to get compensation for a car accident?

A good car accident attorney can help you to receive compensation for your injuries. They will look at the specifics of your case to determine how to best proceed with the accident. Good attorneys won't accept anything less than the best for their clients, and they will have the experience to understand what a case is worth. In this way, the client never walks away with less compensation than what is fair for them. Getting a settlement is always better done with a lawyer.

What does a good personal injury lawyer look for in a case?

A good personal injury law firm will look at where you have come in the process after an accident. They will also check to see that you have crossed your t's and dotted your i's so that the other party can't use this against you. The lawyer will illuminate the process for you so that you can make the right decisions.#N#One of the things that is always advised at law firms is that you practice good documentation because of how this can make a big difference in your case. Good documentation proves everything and serves as evidence, and it can't be disputed as easily. Through good documentation, you strengthen the merits of your case.#N#Some of the things that a lawyer will usually advise that you collect after an accident includes:

Why do you need a car accident lawyer?

You need someone specialized in this field because they can understand the various laws to help defend you. Your rights exist for a reason.#N#However, people who don't fully understand their rights could do great harm to receiving a fair settlement or getting the compensation that they deserve after an accident. Sometimes, people do something that hurts their chances at fair compensation, and a car accident lawyer helps to ensure that they don't make these mistakes in the courts.

How much do car accident lawyers charge?

This means that you don’t owe them anything unless they can win your case. Contingent fee lawyers usually charge a percentage of the total settlement, which can be as much as 40 percent or more. Knowing how much your attorney charges will reduce the uncertainty as the legal process continues.

What to ask a lawyer about a car accident?

When you meet with a lawyer, the first question you should ask is if you have a case. The attorney will listen to your account of the car accident and review the police report, as well as your medical records, to get a better idea of whether you have a case against the “at-fault” driver. To recover damages, your attorney will need ...

Where is McDivitt Law Firm located?

At McDivitt Law Firm, we have offices conveniently located throughout Greater Colorado in Downtown Colorado Springs, North Colorado Springs, Denver, Aurora, and Pueblo, and our attorneys are ready to assist you at a moment’s notice. After a car accident, know that you are not alone. We offer f ree consultations, so you can better understand your rights and options. Call us today!

How long do you have to file a claim in Colorado?

In the state of Colorado, you only have three years from the date of the accident to file a claim. While this may seem like a long time, it can pass quickly when you are focused on your recovery. Plus there are situations when you may only have a small window to file a claim, such as when you are involved in an accident with a government entity. Your attorney should be able to review your accident and inform you of any and all deadlines.

What does it mean when insurance companies pressure you to settle?

From the moment you are injured, insurance companies may pressure you to settle quickly, often using a tough and aggressive “take it or leave it” approach. They know you deserve more compensation, but their main interest is in protecting their bottom line and reducing their payouts. When this happens, injured accident victims need ...

What happens if you can't settle your insurance claim?

If you are unable to reach a settlement with the insurance company and your case proceeds to trial, it will take longer for you to receive your money. However, your lawyer will go over all of your legal options with you, so you can make plans for how you will handle bills and expenses while your case is pending.

Do lawyers charge for court fees?

Even when lawyers work on a contingency basis, you may be responsible for paying court fees and other miscellaneous costs. Ask your attorney if they anticipate any additional fees being incurred throughout the investigation or filing process. This will prevent any extra costs from taking you by surprise.

Why do you need a lawyer for a car accident?

If you have read the previous article carefully, there is no doubt that you have concluded that the main goal of hiring an attorney in a car accident is to get your rights. An experienced, well-rated, and reliable lawyer will do his or her best to get the best deals for you. He or she will also prevent insurance companies from achieving their goal, which is to pay as little compensation as possible. However, hiring a lawyer is only necessary in certain situations. This is usually a case of serious injuries.

Why do insurance companies pay little money?

For example, if a serious injury has occurred, one way for insurers to diminish your rights and compensation is to claim that you didn’t react quickly enough after the injury .

Can you go to work if you have a limb injury?

In addition to impairing your health, serious injuries also affect other segments of life. For example, in the case of a limb injury, you will probably not be able to go to work. Hiring a lawyer, in this case, should bring you compensation for all the days you have not been at work.

Do you need an attorney for an accident?

Here, first of all, we assume that you aren’t sure what the level of injuries received in the accident is. Also, your health situation doesn’t get better after the applied treatments. In such situations, you need to hire an attorney. He or she will first and foremost help you reach out to the best medical professionals to get the best care. Also, the hired attorney will make sure that all treatment costs are covered by the insurance company.

What does it mean when an insurance company disputes a policyholder's liability?

When an insurance company disputes their policyholder’s liability, they are essentially saying that their policyholder is not at fault and they are not responsible for paying your damages.

What happens when you are contested in an accident?

When fault is contested, you must prove that the other driver caused the accident or you will lose the claim. An accident attorney can help you provide evidence and prove the other driver was at fault.

How long does it take to file a claim?

If you’re willing to invest the time to learn about the claims process, and then handle the claim (around 12 – 20 hours for a routine claim, though it could be more or less depending on how quickly you work)

Do insurance companies have attorneys?

The more you have at stake, the better it is to have an attorney’s help. Insurance companies have attorneys of their own, with the goal of reducing settlement amounts or denying claims. The higher the amount of the claim, the harder the insurance companies and their attorneys fight.

Can insurance companies offer early settlements?

It’s no secret that early settlement offers from insurance companies can be low. Many people accept them, even if they have misgivings, just to move on. No one likes the hassle of dealing with insurance claims. However, it’s often worth taking a deeper look, especially if you might have a large claim.

Can an attorney review a settlement offer?

An attorney can review your settlement offer to determine if it is fair. If it is not, they can negotiate with the insurance company in an effort to raise the settlement amount. In the event an acceptable agreement can’t be reached or the insurance company refuses to negotiate, an attorney can file a lawsuit on your behalf.

Do you have to have an attorney for a car accident?

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.

A Copy of the Police Report

When a car accident happens, the police are supposed to be called. Once the police arrived on the scene, they will create an accident report that collects information. Some of the information that will be recorded on the report will include:

Any Tickets or Citations

If your car accident involved one or more other drivers, there may be that Asians are tickets that are issued. Some of the situations where a police officer would write out a ticket or a citation include:

Information About the Accident

When you’re in a car accident, you have to record several important pieces of information at the scene of the accident. The information you need to exchange with the other parties that were involved in the accident include:

Photographic Evidence

At the scene of the accident, it’s also strongly recommended that you take pictures or a video of the accident scene.

Understanding What to Show Your Lawyer

By having a solid understanding of what to show your lawyer when you’re preparing for your court case, you’ll be better able to equip your legal help with the tools that they need to fight for you in court. No piece of evidence is too little when it comes to fighting for your rights and restitution!

How to understand slip and fall claim?

The first step in understanding your car accident or slip and fall claim comes from the intake process. Some intake is done during the FREE CASE EVALUATION or phone consultation. During this time, the lawyer begins to understand the basic facts surrounding your accident. This includes a review of the police report, a discussion with you, and potentially a discussion with any witnesses who may have seen the accident.

What happens after intake?

Once the intake is completed, we will start a claim for bodily injury with the insurance company representing the at-fault party. This serves to stop communication from the insurance company to you directly. It also puts the insurance company on notice that they have a potential lawsuit against them for the acts of one of their drivers.

Can a medical provider claim a lien against a settlement?

While a medical provider can claim a lien against your settlement proceeds, they must do it by taking affirmative action. Medicare, Medicaid and some health insurance companies ( ERISA LIENS) automatically have a lien created in their favor, depending upon whether they treated you for injuries related to the accident. It is your personal injury lawyer’s job to identify these liens and to be sure to address them from your settlement proceeds. A failure to do so can be catastrophic for you, financially. Identifying the liens prior to reaching a settlement ensures that your settlement is high enough to pay the liens and adequately compensate you for your loss.

What is a good excuse for not giving the insurer notice within the required time period?

What is a good excuse for not giving the insurer notice within the required time period? Generally, if you were seriously injured and in the hospital, or were otherwise physically and/or mentally incapable of notifying the insurer of the accident, that will qualify as an extenuating circumstance excusing your failure to give proper notice.

What is intentional act in insurance?

Intentional Act Causing a Car Accident. If the policyholder is accused of having acted intentionally to cause the car accident, that could also void coverage (and therefore nullify the duty to defend). Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions.

How long do you have to notify your insurance company of an accident?

That time limit could be as little as 5 or 10 days. If you fail to give your insurer notice of the accident within that time period, and you don't have a good excuse for not contacting an agent, the company may have the right to refuse to provide coverage for the accident. And, by extension, they may refuse to provide you with a lawyer if you get sued over the crash.

When does an insurer have to provide a lawyer?

A third important exception to the insurer's duty to provide a lawyer may apply when damages paid out by the insurer meet the policy's coverage limits. In general, once the insurer has paid the policy limits, it has no further duty toward the insured—no duty to pay any further money to resolve claims, and no duty to continue to provide ...

What happens if another driver sues you?

When another driver sues you after a car accident, your car insurance company usually has a "duty to defend" you. When you're being accused of causing a car accident, and someone else has filed a personal injury lawsuit against you, your car insurance company will usually hire a lawyer to defend your case in court. Read on for the details.

Does car insurance have a lawyer?

In general, all car insurance policies contain language stating that the insurer will provide a lawyer for the policyholder if he or she gets into a car accident and is sued for damages resulting from the crash. This is part of the insurance's company's contractual "duty to defend," which can be found in all different types ...

Does auto insurance cover intentional actions?

Automobile insurance policies generally provide insurance coverage only for negligent actions, not intentional actions. So, if, for whatever reason, the insured is accused of intentionally causing the car accident, there is a very real chance that the insurer will refuse to provide coverage for the accident and will refuse to provide a lawyer ...

What do insurance adjusters do?

Insurance adjusters use anything you say to knock down your settlement offer, or they pass along the information to the insurance company’s lawyers to give cross-examination fodder against you at trial.

What to do if you are seriously injured?

If you have been seriously injured and are looking for a quick settlement, you are almost invariably going to get less than the value of your accident case. To give the insurance company a reason to make something approaching a reasonable offer, you need all of your medical bills and records and often a written analysis of your case from a doctor – either a treating doctor or “independent” medical expert – as to the extent and scope of your injuries. If you settle a case before you have all of the documentation you need for your claim, you have little chance of receiving fair value. Our law firm will not even consider taking a case if the client is trying to settle the case before her doctors understand the full scope of her injuries.

What do you need to make an insurance offer?

To give the insurance company a reason to make something approaching a reasonable offer, you need all of your medical bills and records and often a written analysis of your case from a doctor – either a treating doctor or “independent” medical expert – as to the extent and scope of your injuries.

What happens if you demand more than the value of a claim?

By demanding more than the value, you telegraph to the insurance company that you don’t know the value of your claim. When your case does settle, there will be a good chance you left a lot of money on the table. Because an insurance company’s response to a ridiculous demand is not to make a real settlement offer.

How long do you have to file a claim after an accident?

However, there is a time limit on filing claims related to the accident that you should be aware of. All states have a statute of limitations which imposes a strict deadline on how long you can wait before filing claims. Under Maryland’s statute of limitations, you have to file your claims within 3 years after the accident.

What does "controlled conditions" mean in a lawyer?

When our attorneys do allow for these statements, we set them up under controlled conditions to limit any damage the client can do to the case.

Do insurance companies rip off people?

The bottom line is insurance companies are ripping off millions of people. Most never know the car insurance lawyers and adjusters took advantage of them. Our attorneys sincerely don't want this to happen to you.