when do you need a car accident lawyer

by Andres Macejkovic Jr. 6 min read

When to Get an Attorney for a Car Accident

  1. The Car Accident Caused Serious Injury or Death. If anyone was seriously injured or killed in the car accident, contact an experienced accident lawyer right away.
  2. You Can’t Work Because Of Your Injuries And Need Ongoing Care. ...
  3. Multiple Parties Were Involved in the Accident. ...
  4. An Uninsured Motorist Was Involved in the Accident. ...

More items...

Full Answer

When to get an attorney for a car accident?

Apr 23, 2021 · When do you need a lawyer for a car accident? You should hire an attorney immediately after being injured in a car accident. The second the other driver’s insurance company has been notified of the car accident, they will already have begun to figure out how they will devalue your claim. Hiring an attorney will level the playing field.

How much does a lawyer charge for a car accident?

May 05, 2020 · Personal injury lawyers are generally needed when filing a lawsuit involving a car accident. A qualified lawyer can help review the evidence to determine who is at fault and what types of damages are available. Typical damages in a car accident claim usually cover expenses such as medical bills, property repairs, and in some cases, legal fees.

What to expect during your free car accident consultation?

Jan 03, 2020 · You are not required to hire an attorney after a car accident. In most cases, in fact, it is unnecessary. Start by filing an insurance claim and proceed from there. If …

Why do you need a car wreck attorney?

Dec 04, 2019 · If you were hurt in a car accident, you may need a lawyer to help you collect and analyze evidence that establishes who was at fault and what your injuries are worth. For example, most newer vehicles are equipped with a piece of recording technology known as a “black box” that records critical information during a car accident.

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What are the causes of car accidents?

There are many different causes of car accidents. Some of these may include: 1 Distracted driving (i.e., texting while driving, etc.) 2 Drunk driving 3 Bad weather and driving conditions 4 Mechanical failure of car or car parts 5 Disobeying traffic laws 6 Unpredictable circumstances (such as a falling boulder, etc.)

What is distracted driving?

Distracted driving (i.e., texting while driving, etc.) Unpredictable circumstances (such as a falling boulder, etc.) Depending on the cause of the accident, either party may or may not be held liable for damages or injuries.

Who is Jose from LegalMatch?

Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

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)

Find out whether it would be worth hiring a car accident attorney to review your case

In many cases, you do not need to file a lawsuit after a car accident. If one driver was clearly at fault and nobody has been injured, it is likely that the at-fault insurance company will give compensation without the need to go to court. So, when do you need a lawyer after a car accident?

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.

What to do if you have an accident?

If your accident resulted in substantial injuries that have had a significant impact on your life, it’s especially essential to contact an attorney. By engaging with a qualified attorney you give yourself the best possible chance to receive maximum compensation.

What to do if you are hurt in a car accident?

If you were hurt in a car accident and more than one other party is involved, contact a lawyer to talk about the case . A car accident lawyer will fight to get you the compensation you deserve and keep your liability to the other parties as low as possible. An attorney can also help communicate with the lawyers for the other parties ...

How long do you have to file a lawsuit in Texas?

In Texas, you are required to file a lawsuit after an accident before a deadline known as the statute of limitations has passed (typically two years from the date of the accident). If a lot of time has passed since your accident, you should talk to a car accident lawyer right away to make sure you haven’t missed this deadline.

Do car accidents settle before trial?

Most car accident lawsuits settle before going to trial, which means that you’ll probably receive a settlement offer from the at-fault driver or his or her insurance company. Usually, an unreasonably low settlement offer.

What happens if you have three vehicles in an accident?

If you were in an accident involving three or more vehicles, this can complicate the insurance claim settlement and negotiation process and lead to multiple lawsuits. Some accidents involve other parties such as pedestrians, property owners, or commercial entities.

Can a car accident lawyer negotiate a settlement?

In most instances, an experienced car accident lawyer can negotiate a higher settlement than you can on your own.

What to do if you don't have insurance in Texas?

If one or more of the parties involved did not have insurance at the time of the car accident, you should search for a car accident attorney right away. Texas law requires people who drive in the state to pay for the accidents they cause.

How to find an attorney for a car accident?

If you are still undecided about finding an attorney for a car accident claim, here are five signs you need to hire one: 1 You sustained severe injuries in the accident; 2 You have concerns you cannot pay for your treatment costs; 3 The insurance company has denied liability and won’t pay for any of your treatment; 4 You missed time off work; or 5 You have been seeking medical treatment, but you’re not improving at all.

What to expect when meeting with an attorney?

When you meet with an attorney, they will review the facts of your accident, your injuries, time off work, etc., and tell you what your case is potentially worth. Having this information is vital because it’s hard to remain objective when you are personally involved.

Can a case go to trial?

If your case proceeds into litigation, you need an attorney who has the necessary experience to take your case all the way to trial. Many cases won’t ever go to trial, but there is always the chance.

What is the goal of an adjuster?

Their goal is to gain information from you that they can use against you to reduce your claim’s value or deny it outright. The adjuster may offer you a small amount early on in the case in hopes you will settle. That way, they can close their file before you have additional treatment.

Does insurance pay for medical treatment?

The insurance company has denied liability and won’t pay for any of your treatment; You have been seeking medical treatment, but you’re not improving at all. Any time you have serious injuries or have been treating for several months without improvement, you need to contact an attorney.

What happens if your insurance company denies your claim?

When the insurance company denies your claim, your only recourse is to file a lawsuit. Your attorney will continue to push settlement through the discovery process. If the other driver’s insurance company keeps denying liability, your attorney will prepare your case for trial.

Where is Gayle Gayle?

Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.

Should I get a lawyer for a car accident?

Should I get a lawyer for a car accident that was my fault? If the car accident was your fault, you likely do not need a personal injury attorney. If you caused the accident and suffered injuries, your claim will not be against anyone else. In this case, your insurance company is responsible for providing you with an attorney and defending you. You will not be charged for this service as it is a benefit of carrying insurance. However, it is common for your carrier to raise your rates after a claim.

Do all personal injury law firms have the same marketing?

Take note that not all personal injury law firms are the same. Sometimes firms with the most aggressively advertising campaigns are nothing more than settlement mills. These firms rely mostly on advertising and are only willing to take a disproportionate amount of their cases to trial. There is a mill mentality when handling their claims, and their clients suffer because of it. With no referrals from previous customers, they turn to extensive marketing efforts to gain clients.

What does "let bygones be bygones" mean?

A fender bender accident occurs, the drivers get out, calmly speak to each other, wave goodbye, and go on their way. If you weren’t injured in the accident or had little to no property damage, this is a reasonably easy attitude to take. You may even take on that attitude if you have minor injuries. However, if your injuries are substantial and causing you ongoing problems, you need to take a different attitude, or you will be left covering the expenses on your own. If you genuinely believe that the accident and damages are no big deal, don’t waste your time or an attorney’s time seeking compensation from the at-fault driver.

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 have a car accident with another driver?

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 to accept liability for the accident, hiring a lawyer may be necessary.

What are the two types of negligence?

There are two main types of negligence theories they can use to do this: comparative negligence and contributory negligence. Most states use comparative negligence, and there are two main versions: Pure comparative negligence: Plaintiffs can recover damages even if their share of fault exceeds the defendant's.

Is it a good idea to have a lawyer?

A lawyer is also a good idea even when the insurance company appears to be willing to pay what they should. As a condition of accepting an insurance company's car accident settlement offer, you must promise not to sue them or the driver they represent. Before you agree to this, especially when your car accident injuries are serious, ...

What is modified comparative negligence?

Modified comparative negligence: The ability to recover depends on if a plaintiff's degree of fault exceeds a specific threshold, such as 50%. In some states, a plaintiff can only recover damages from a defendant if the plaintiff's fault is less than 50%.

Can car insurance companies act in bad faith?

You could encounter a car insurance company that's not easy to deal with or that even acts in bad faith. This could involve anything from asking you to jump through a number of hoops before you get your settlement check, to unreasonably delaying a decision on the accident or the sending of a check.

What happens if you are 55% at fault?

But if the plaintiff is 55% at fault, the plaintiff gets nothing. Contributory negligence means a plaintiff can only recover from the defendant if the defendant is 100% at fault for the plaintiff's harm. Imagine a car accident where the plaintiff gets t-boned at an intersection because the defendant was under the influence ...

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