when is it ok to bring a lawyer into a car accident

But there are times when a motor vehicle accident warrants the help of a lawyer:

• Serious Injuries. If a serious injury occurred, you’ll want to retain the services of an attorney. ...
• Death. Car accidents that result in death should be handled by an attorney. ...
• Fault. ...
• Construction Zone. ...
• Police Report. ...
• Additional Parties. ...
• Attorneys are Involved. ...
• Insurance Issues. ...

Do I need a lawyer after a car accident?

Usually, car accidents involving serious or long-term injuries require an attorney to get the most desirable outcome. Updated by David Goguen, J.D. An experienced injury attorney can be extremely helpful in navigating the often chaotic and confusing world of insurance claims and injury settlements after a car accident.

When should you sue after a car accident?

Suing after car accidents is more common for cases when drivers incur pain and suffering damages and high medical bills. You may also decide to open a wrongful death suit if anyone in your vehicle was killed in the crash. If any of the following is true about an accident, you may want to speak with a lawyer:

Should I contact the police after a car accident?

This is one reason it’s always a good idea to contact the police after an accident. At this point, you’ll have to appeal the decision(be sure to provide any proof you have that the accident was the other driver’s fault).

What should I do after a minor car accident?

Make sure you’re keeping track of your medical expenses and get in touch with an attorney in your area as soon as possible. Your attorney will be able to help you file a claim (and a lawsuit if necessary). Reply Marasays February 5, 2019 at 3:12 am Hi, I was involved in a minor collision. I was backing out of a parking space as a car drove into me.

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.

What do injury attorneys do?

Whereas this may be your first time dealing with the ins and outs of an accident claim, injury attorneys have dealt with all manner of claims and have faced the gamut of insurance company tactics. They have experience obtaining the necessary evidence to support your claim, including gathering police reports, witness statements, medical records and bills, and employment and lost wage information.

What to do if you can't settle an accident case?

If you are unable to settle your accident case, your attorney can take care of filing the necessary paperwork to start a court case and can deal with the defense attorneys on your behalf. Having a seasoned professional navigate the day to day work of your case eases the burden on you so that you can focus on recovering from your injuries.

What is an experienced injury attorney?

An experienced injury attorney can be extremely helpful in navigating the often chaotic and confusing world of insurance claims and injury settlements after a car accident. Here's what you need to know:

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.

Do injury lawyers get paid?

Most injury attorneys work on a contingency fee basis, meaning your lawyer only gets paid if there is a successful resolution to your claim.

What to do after an accident?

Again, the best thing you can do for your case after an accident is to hire a lawyer. Whether you were injured in an accident with another car, truck, motorcycle, or bus, an attorney will help YOU build a strong case to win the compensation you deserve.

What happens if you don't get an agreement with your insurance company?

Finally, negotiations begin on your behalf with the insurance companies involved. If an agreement is not reached, your lawyer may take it to trial. Thankfully, if it gets to that point, you will have a professional at your side to back you up.

What happens if you don't comply with the statute of limitations?

If you do not comply with the statute of limitations, it is very likely that the other party will point it out. That is probably the end of your case. However, there are certain situations in which you may “toll” the statute of limitations. This is a possibility if the victim was a minor at the time of the accident, is mentally or physically incompetent due to the injuries sustained in the accident, or was bankrupt when the injury occurred.

Does insurance pay for at fault accidents in Tennessee?

However, insurance will only pay up to the driver’s policy limits. In turn, we will also evaluate the possibility of pursuing the at-fault driver personally to seek further compensation to cover expenses not covered by insurance.

Can you get compensation without a lawyer?

Without a lawyer, it is much more difficult to win compensation for all you are owed. That is why we suggest that you make sure you have award-winning legal representation on your side.

Can you toll the statute of limitations?

As it is fairly uncommon to toll the statute of limitations, try to comply with it as soon as possible. It could be the difference between winning the money you deserve and walking away empty-handed.

Can you ask for medical records?

Demand a recorded statement or medical records within a specific time frame. You have the right to wait to do either until you have spoken to a lawyer, so don’t let them pressure you. The insurance company may try to trap you by asking questions in a way that leads you into making a false or incriminating statement. Also, if they give you a quick deadline for medical records, the full extent of your injuries may not be known. Both forced deadlines can be used to lessen the amount of compensation you may be entitled to.

When to get an attorney for a car accident?

If you’re wondering when to get an attorney for a car accident, the answer is “immediately.” If you’re being stonewalled by the other party’s insurance company, your lawyer may be able to help your settlement come through.

What to do if you have been in a car accident?

If you’ve been in a car accident, try to take pictures of the crash site. Documenting damage to your car is one way to get an accurate insurance settlement.

How long after an accident should you report it?

In general, you should report your car accident within 24 hours.

What to do if you are not at fault?

If you weren’t at fault, you need to have a lawyer who will help you prove your innocence and work to get you a decent settlement.

Can an auto accident lawyer help you file for workers compensation?

Auto accident injury lawyers can also help you file a claim for workers’ compensation. You’ll need to provide proof that you were unable to work and you may have to get a notarized document from your job.

Can you sue for pain and suffering?

You may be able to claim pain and suffering as part of your lawsuit, especially if you have had to undergo physical therapy or surgery.

Do I need a lawyer after a car accident?

You might be wondering “Do I need a lawyer after a car accident that wasn’t my fault?” Yes, you do. A judge will assign blame in an accident and you don’t want to get penalized for something you didn’t do.

What happens if you are at fault for an 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. In this case, it is likely that your auto insurance company will provide a car accident attorney for you, but keep in mind that an insurance company’s lawyer works first in the best interest of the insurer and in your interests secondarily. Even if your insurance company provides a lawyer, you may want to hire your own attorney if you can afford it.

What are the rules for insurance?

If the following is true of an accident, it is unlikely that the insurance company will lowball you: 1 There was only property damage, and nobody was hurt or killed. 2 You suffered minor or no physical injuries. 3 The settlement you deserve is relatively small.

When is it time to file a lawsuit?

If your lawyer believes your case is worth significantly more than what the insurer is offering, and that it's unlikely the insurer will increase its offer in injury settlement negotiations, then it's probably time to file a lawsuit.

How much is a car accident case worth?

So, in reality, a claim is not worth, for example, $50,000. Instead, it's more accurate to say that the case is worth between $40,000 and $60,000. When you think about the value of ...

What is the "settle or sue" question?

The "settle or sue" question usually boils down to money—more specifically, the delicate balance between what the insurance company is offering and what you (and your lawyer) believe when it comes to what your car accident case is worth.

What happens if you file a lawsuit?

Also, keep in mind that, if you file suit, your lawyer's out of pocket expenses and case costs will start to increase significantly, and it's possible that a later settlement will not put a significant amount of additional money in your pocket. Let's look at another example.

Can you settle a car accident claim?

You (or your lawyer) can't seem to settle the claim for what you think is a fair amount.

Do insurance companies want to talk to the defense attorney about a settlement?

This is because, once the case is in suit, the defense attorney will want to do pre-trial investigation and discovery, and the insurer probably won't be interested in talking settlement until its attorneys have completed investigation and are ready to make a settlement recommendation to the insurer.

Do car accident lawyers have experience?

Chances are your lawyer (or the larger firm) has experience with car accident claims, or they likely at least have inside information about more than a few car accident case outcomes. So it's important to trust your lawyer's judgment.

Why is having a lawyer important?

In contrast to the example above, there are also circumstances where having a lawyer is important. These are circumstances where they could negotiate you a much higher settlement, or where they could help counter insurance company tactics designed to keep you from getting paid.

What does it mean when an insurance company says you didn't report your injury?

This tactic takes many forms. Often the insurance company will say you didn’t report your injury soon enough or made it “worse” by not seeking treatment. This is their way of saying they won’t pay for all of it. You need representation.

Do insurance companies take your injury seriously?

The insurance company doesn’t seem to take your injury as seriously as you do. Insurance companies do not have your best interests at heart. Their job is to pay the least amount possible. Once they put a dollar amount on your diagnosis, they don’t really care whether the treatment worked or not. Get someone on your side who is there to represent your interests, and force them to take you seriously.

Can you give a recorded statement to an insurance company?

No one should ever give a recorded statement to an insurance company, even their own insurance company, without consulting an attorney first.

Is it worth getting a free opinion from a lawyer?

Even with a “minor” injury, it’s still worth getting a free opinion from a lawyer before you make any decisions in your case. And if the same minor injury required physical therapy, a specialist, an epidural, or other special treatment, it could be worth thousands more and a lawyer could make a big difference for you.

Is a broken bone considered serious?

Your injury is serious. The more serious your injury, the more money is at stake and the more the insurance company will try to lowball you. A “serious” injury does not necessarily mean surgery or hospitalization. A broken bone, a joint injury that requires injections or long-term treatment, and anything that causes severe pain are all serious injuries.

How much do lawyers need to improve their recovery?

If a lawyer takes one-third of your recovery, then they'll need to improve your expectedresults by more than 50% to justify hiring them.

What to do if insurance company is not playing nice?

If the insurance company is not playing nice or refusing to acknowledge the full extent of your claim, you would definitely want to talk to an attorney.

Do attorneys take on smaller claims?

Don't doubt there are attorneys who'll take on smaller claims in exchange for a higher percentage of the recovery.

Can a car be one excitable dog?

Your car may be one excitable dog and a loose gear shifter away from being part of a two-vehicle incident involving no humans. (You can ask any insurance adjuster, and they'll tell you that strange things do indeed happen!)

Do injury lawyers offer free consultations?

Most injury and accident law firms offer free initial consultations, so feel free to ask around and get some advice before going forward with your claim .

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.

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.

What happens if you don't tell your lawyer about your injury?

If your lawyer sends you to a medical expert, and you don’t tell the doctor about all of your symptoms, it is very unlikely you be able to change the resulting report. Medical reports are crucial in personal injury claims. Reports document your injuries and your prospects of recovering from them. You cannot rely upon the doctor to ask exactly the right questions and extract all information about your injuries. Do not be afraid of doctors. If a doctor doesn’t ask you something and you think it is important, volunteer the information. If your injuries are not mentioned in a medical report, it’s unlikely that you will be compensated for them.

What to do after an accident?

OK, so you have had an accident, the first thing you should do after you have looked after yourself is to gather evidence. See the accident site as a murder scene. Preserve evidence to help you prove what happened and how. If you have a mobile phone with a camera, take numerous photos and videos. Write everything down. Speak to every witness who is there because witnesses are often reluctant to help you out a few months later. What are (or were) the conditions like at the scene?

What questions should I ask a paralegal?

Not just that, ask the person handling your case some questions too: 1 Are they a qualified solicitor or legal executive? 2 How many clients do they have at any one time? I know of a firm where the paralegals (case handlers who are not even qualified) have up to 500 road traffic accident clients at the same time! 3 Where does the profit from your claim go? 4 What free legal advice do they offer?

How many clients does a personal injury lawyer have?

A personal injury lawyer may have over 200 clients at any one time, depending upon how complex the claims are and how much help they have. Some unqualified paralegals have 500 claims (usually road traffic accidents ).

Why is evidence important in personal injury cases?

But evidence is needed for more than just showing how an accident happened; you must also be able to prove the losses for which you are claiming compensation.

What are the two main strands of law in England and Wales?

There are two main strands to the law in England and Wales: criminal law and civil law. Personal injury claims and clinical negligence claims (alongside many other kinds of legal action) are matters of civil law. As such, personal injury claims are completely separate from criminal law, and use different courts and procedures from criminal trials.

Can you be forced to deal with a whiplash insurer?

Unfortunately, recent reforms to whiplash injury claims have meant that, for some kinds of road traffic accident, you may be forced to deal with the insurers directly – without the help of a lawyer. I’ve made no secret of how ridiculous I think these whiplash reforms are, but, unfortunately, this is the current legal reality. My advice in these situations is to find out as much as you possibly can about the claims process and your legal rights – to effectively become your own lawyer – so that the insurers cannot ‘bully’ you out of your claim. A good place to start is Truth Legal’s guide and FAQ to the whiplash reforms.

What happens if the police don't report an accident?

Just because the police don’t show up to the site of a minor car crash doesn’t mean you won’t get sued by the other driver. A police report is just that: a report.

What happens if one of the drivers realizes that fault has been assigned to the wrong driver?

For example, if one of the drivers realizes that fault has been assigned to the wrong driver, he or she can appeal to have the report changed.

Why is hearsay not admissible in court?

It’s a hearsay account that is generally not admissible in court because the officer didn’t observe it for himself. It preserves the accident scene in a bubble for drivers who weren’t thinking clearly after the accident or whose injuries were not immediately apparent. Accident Report Form.

Can insurance go forth without a police report?

Additionally, insurance claims can go forth without police reports under most circumstances. If the offending driver hasn’t fled the scene, a report sometimes isn’t necessary (if a driver has been injured, however, a report is required). It certainly helps, and it expedites the claim.

Can a plaintiff come back to a court without a police report?

This is all valuable information that can help a court decide what actually happened. But it’s not imperative! A plaintiff can absolutely come back days or even months later and decide to sue you, even without a police report – she just has to be within the statute of limitations.