In general, a person should contact an attorney shortly after the accident occurs -- within a week or two of the accident -- but before reaching a settlement with the insurance company. Before working with a lawyer, you should have as much detailed information and facts about the car accident and any injuries or financial losses as possible.
You have the right to seek legal counsel at any point, though. When you experience a motor vehicle accident, the first step in seeking compensation is to file a claim with either your own insurance provider or the other driver’s insurance company.
If there is any conflicting information at all, you should immediately speak to an attorney. When multiple people are injured in an accident, even if they are from the same family, it is crucial to speak with an attorney. Multiple injured parties can quickly complicate the compensation process.
If you were injured at work, it's likely your accident would be handled through workers' compensation. There may or may not be a reason to involve a lawyer. To explore whether or not you need a workers' comp or personal injury attorney, see Workers Compensation: A Complete Guide.
Enjuris tip: If a lawyer takes one-third of your recovery, then they'll need to improve your expected results by more than 50% to justify hiring them. 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.
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.
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.
Auto insurance companies will typically attempt to settle a small personal injury claim immediately following auto accidents to avoid going to court.
Steps to Take After a Car Accident. Immediately after you are injured in a car accident, there are steps you can take to help you collect the compensation you need. Call 911 – Call 911 and report your accident, which helps alert both police officials and emergency medical teams to the scene of the accident. Your police report and your medical ...
Unfortunately, some car accident injuries can take days and even weeks to become fully apparent. Always report your accident and obtain a police report. Admitting Blame – It’s human nature to apologize – even when we are not wrong. Yet after a car accident, saying “I’m sorry” can be used to show that you admitted fault for the crash.
If the insurance company plays hardball, however, you may need to file a personal injury lawsuit against the negligent party to seek damages. This often occurs when the insurance claims adjuster denies who was at fault for the accident or doesn’t agree with the severity of your injuries.
Insurance companies often offer accident victims a low-ball settlement that is just a fraction of what they need to recover. These insurance companies don’t have your best interest in mind—the only people they have in mind are their shareholders and reducing their liabilities.
The sooner you contact an attorney, the better. In the state of Arkansas, you only have three years to file a personal injury claim. While that may seem like a lot of time, valuable evidence can be lost or destroyed in just a few weeks.
While this may seem like a lot of time, three years can pass quickly after a crash. You may be injured severely and focused on recovery and on improving your life. You may be struggling to make ends meet and trying to help your family stay out of bankruptcy after an accident.
Not everyone who has been involved in a car accident will need to seek legal representation. However, if your accident was severe or complex, then it’s necessary to call a lawyer as soon as possible, so they can begin building your case. If any of the following apply to your situation, call a lawyer right away:
When you have been injured in any type of accident, you should immediately seek medical care for your injuries. It does not matter if it is a vehicle accident, slip and fall, or work accident. Taking care of the injury is the most important thing for you to do – even if you’re unsure whether you’ve actually been injured or not.
When serious injuries occur as the result of an accident, you may be facing extended medical care or even life-time care. The cost for this type of medical care will be very high.
If the accident resulted in the death of your family member, you may have certain rights under the law to seek compensation for wrongful death. You will need to speak with an attorney to see if you qualify for this type of case under the laws of your state.
Many states are considered at-fault states. This means that the injured party must not be more than 49 percent responsible for the accident if they want to seek compensation for the injuries they received. In some states, the injured party cannot share any of the fault for the accident.
Loss of income, missing school, or being unable to participate in activities that you do on a regular basis are all serious side effects from an accident. Under the law, you have the right to seek compensation for your financial losses that incurred as the result of the accident.
If there are going to be long term effects from your injury, your lifestyle will change. This may include the inability to return to your current job or profession , the need for special renovations to your home and vehicle, and loss of income for the rest of your life.
Even if your injuries are not life threatening or long term, the medical costs associated with treating your injuries may be expensive. It is your right to seek compensation for these costs.
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.
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.
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.
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.