when do i need a defense lawyer for a car accident

You are not legally obligated to hire a lawyer after a car accident. The only reason you need a lawyer after a car accident is if you are being sued or decide to sue the other driver. If you are unsure as to whether you should hire a lawyer, reach out for a consultation.

Full Answer

Do I need a lawyer for a car accident?

May 05, 2020 · Do I Need a Lawyer after a Car Accident? You may need a lawyer after a car accident if: You or any other party has suffered serious injury as a result of the accident; Drunk driving was involved; Violations of laws were involved; Serious property damage resulted (especially that of government roads or property)

What are legal defenses to a car accident injury case?

If you can't get fair payment for a car accident that wasn't your fault, you may need to go to court. Handling your case alone while dealing with injuries and stress is not a good idea. Hiring a lawyer is a smart decision that can save you a lot of energy. In a no-fault state, your insurance company will pay for your injuries even if the accident wasn't your fault.

Why do I need a personal injury defense attorney?

There is no "standard" statute of limitations deadline, although periods of two to three years are the most common when you're filing a lawsuit after a car accident. A statute of limitations defense is a legal defense, meaning that regardless of the facts surrounding the case, if the suit wasn't filed in a timely manner, it will be time-barred.

What is the defendant friendly rule in a car accident case?

Mar 06, 2020 · Difference between Personal Injury and Criminal Law. Many people assume they need a criminal lawyer when they have been named as a defendant in a car accident lawsuit. This isn’t the case. Instead, they need a lawyer experienced in personal injury, but one who represents those sued. These people are generally called “defense counsel.”

When Do You Need A Lawyer After A Car Accident?

If you are at fault for an accident and the other driver decides to sue you, you will need a lawyer to defend you.

When Don't You Need A Lawyer After A Car Accident?

If you are at fault for an accident and nobody is suing you, there is no reason to hire a lawyer.

Conclusion: Do You Need A Lawyer After A Car Accident?

You are not legally obligated to hire a lawyer after a car accident. The only reason you need a lawyer after a car accident is if you are being sued or decide to sue the other driver.

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.

What are the most common factual defenses to a car accident injury claim?

The most common factual defenses to a car accident injury claim involve fault (unless the accident occurred in a no-fault state ). The person being accused of causing the car accident will often seek to limit their liability for damages by showing that the claimant was actually at fault for the crash, either in whole or in part.

What are the two types of defenses in a car accident?

Common defenses generally fall into one of two categories: legal defenses and factual defenses. Legal defenses are those that prohibit a claim based on an existing law or legal rule. The most common legal defense to a car accident injury case relates to the statute of limitations lawsuit-filing deadline. Factual defenses depend on the specifics of ...

What to do after a car accident?

In a lawsuit or insurance claim after a car accident, be prepared for the other driver's insurance company to raise one or more of these defenses. On either side of a car accident injury case, whether you're the one bringing a claim, or you find yourself accused of causing the accident, it's a good idea to familiarize yourself with some ...

What are factual defenses?

Factual defenses depend on the specifics of the underlying accident, and can include contributory or comparative negligence, and failure to mitigate damages. Let's take a closer look.

How long does it take to file a lawsuit after a car accident?

There is no "standard" statute of limitations deadline, although periods of two to three years are the most common when you're filing a lawsuit after a car accident.

How long is the statute of limitations for a car accident?

There is no "standard" statute of limitations deadline, although periods of two to three years are the most common when you're filing a lawsuit after a car accident. A statute of limitations defense is a legal defense, ...

What happens if you file a lawsuit too late?

While there are some exceptions to the statute of limitations deadline—usually when there's a question of when a particular injury was discovered, or when the injured person is a minor or is somehow legally incapacitated—the general rule is that if a case is filed too late, it won't be heard by the court. For example, if you are injured in ...

Difference between Personal Injury and Criminal Law

Many people assume they need a criminal lawyer when they have been named as a defendant in a car accident lawsuit. This isn’t the case. Instead, they need a lawyer experienced in personal injury, but one who represents those sued. These people are generally called “defense counsel.”

Check with Your Insurer

Most bodily injury liability insurance policies include paying for an attorney to defend you if you are named as the defendant in a lawsuit. Take out your policy and check. If the insurer is paying, they probably want the power to select the lawyer. You can call your insurer and discuss whether they will cover legal help.

Can you be blamed for a car accident?

Sometimes, you'll end up being the victim of a drunk, speeding or negligent driver. In some cases however, you may find yourself being blamed for having caused the crash. There are three possible scenarios if you do get blamed as the cause ...

What happens if you are injured in an accident?

If you caused an accident which resulted to injury or property damage to another party, you can be held criminally and civilly liable for it. Your liability can get mitigated or even squashed if you have a good defense attorney on your side. For example, if you were driving under the influence, you may still get any potential jail sentence lowered or even just get sentenced to a year-long probation if your attorney can negotiate for you to plead guilty to a lesser offense. Likewise, in terms of civil liability, your lawyer can negotiate or offer a settlement instead of proceeding to trial. He can make a deal for compensation with the injured party that is just and reasonable not just to the victim but to you as well.

What happens if you cause an accident that resulted in injury or property damage to another party?

If you caused an accident which resulted to injury or property damage to another party, you can be held criminally and civilly liable for it. Your liability can get mitigated or even squashed if you have a good defense attorney on your side.

What happens if a plaintiff does not comply with the deadline?

If a plaintiff does not comply with this deadline, the case almost certainly will be dismissed. A defendant or insurer also may argue that a complaint fails to state a claim or lacks some technical element that is required. Depending on the situation, a court may or may not allow a plaintiff to amend a complaint.

What should a plaintiff do to avoid complications?

To avoid these complications and setbacks, a plaintiff should make sure to comply with any procedural rules, no matter how trivial they seem. If they are unsure about whether a certain rule applies, they should not hesitate to consult an attorney who is familiar with this area of law. Last updated December 2018.

What happens if you are sued by someone else?

If you have been sued by someone else following a car accident, you may be able to attack their ability to prove the elements of their claim, such as causation. Also, there may be other defense strategies that you can use to limit or avoid liability. If you have auto insurance, your insurer probably will investigate the case from your perspective ...

What happens if you are 50% at fault for a crash?

For example, if each driver was 50% at fault for a crash, each of them could receive compensation for half of their damages from the other. Even if a plaintiff was more at fault than the defendant, they can receive a damages award proportionate to the defendant’s fault.

What is modified comparative negligence?

The key to modified comparative negligence is that it establishes a cutoff percentage of fault. If the plaintiff’s fault is found to be at or above that percentage, they cannot receive any damages.

What percentage of fault is considered a modified form of comparative negligence?

If the plaintiff’s fault is found to be at or above that percentage, they cannot receive any damages. This percentage is usually around 50% or 51%. The idea is that a defendant should not need to pay money to someone who was just as much at fault or more at fault for the accident than they were.

What is procedural defense?

Procedural Defenses. If a comparative or contributory negligence argument does not apply, a defendant or their insurer may try to get a case dismissed on procedural grounds. These are separate from the actual merits of the case.