why do i need a lawyer if i get hit by a car

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. Many personal injury lawyers offer free consultations in which they can review your case and give you legal advice on how to proceed.

Full Answer

Why do I need a lawyer after a car accident?

Is a Lawyer Necessary? Since drunk driving is against the law, you have the legal right to pursue funds from the driver that caused the accident. To help you with the legal process, a trusted attorney with knowledge in the field of drunk driving accidents will typically get you the maximum compensation possible.

What should I look for when hiring a car accident lawyer?

Do I need a lawyer for my personal injury case?

Who can I sue if I'm hit by a car?

Probably yes. You will want your lawyer to help develop a claim on your behalf - that would be brought either against the hit and run driver (if the person is known and they had insurance), or …

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. Accidents involving serious bodil...

You Can’t Work Because Of Your Injuries And Need Ongoing Care

If you were hurt so badly that you can’t return to work after a car accident, a lawyer can make sure that you maximize the compensation you receive...

Multiple Parties Were Involved in the 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...

An Uninsured Motorist Was Involved in the Accident

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...

You Need to Collect Evidence About the Accident

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...

You Have Upcoming Settlement Talks

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 hi...

Time Has Passed Since the Accident

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 year...

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.

What are the damages for a drunk driver?

Together, these are known as compensatory damages. Additionally, punitive damages can be offered to deter the drunk driver from putting people in danger in the future.

Can you get compensation for drunk driving?

Since drunk driving is against the law, you have the legal right to pursue funds from the driver that caused the accident. To help you with the legal process, a trusted attorney with knowledge in the field of drunk driving accidents will typically get you the maximum compensation possible.

What does a car accident lawyer do?

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 and their insurance companies. Return to top ↑.

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

You may need to file a personal injury lawsuit against the at-fault driver to recoup the cost of the medical treatment for your injuries.

What does a lawyer do when you have a deadline?

A lawyer can ensure that you comply with all procedural requirements related to your case and don’t miss any critical deadlines. If you are coming up on your deadline, you cannot assume the insurance company will be fair with you. We have heard from a lot of individuals who thought the insurance company was going to pay, but really they were just waiting for the deadline to run so they could deny the claim.

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 do you need to know about a car accident?

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.

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.

What are some examples of accidents?

For example, the driver of a commercial delivery truck may fail to stop at a red light and enter an intersection illegally.

How to evaluate your injuries after a car accident?

Evaluating your injuries after a car accident is not necessarily straightforward. The other party’s insurance company will look at the accident facts and determine whether they believe your injuries are related. They will also look at the treatment you had, the costs, and whether your treatment was reasonable and necessary. Did you recover within the expected period of time for that type of injury, or did it take you considerably longer? These are all factors that can impact your case value.

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.

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.

Can an adjuster offer you a small amount?

The adjuster may offer you a small amount early on in the case in hopes you will settle.

Is a plaintiff's case worth more than it is?

Most plaintiffs think their case is worth more than it actually is . When you have a realistic view of what you might receive in compensation, it can make resolving your claim easier. An attorney can also handle all negotiations with the other party’s insurance company. Dealing with insurance adjusters can be daunting.

What damages will affect your claim?

Other damages like pain and suffering and lost wages will depend on the severity of your injuries. If you need future treatment, like surgery, that will affect the value of your claim too.

Can insurance deny a claim for a car accident?

Even if evidence points to the other driver being entirely at fault, their insurance company is likely to deny liability or offer you less than your claim is worth.

Do you need an attorney if you were not injured?

The biggest and most important question is “were you injured?” If you were not injured, you most likely do NOT need an attorney. Property damage claims are pretty well-regulated, and disputes can usually be solved without a lawyer.

Do you need an attorney for a car accident?

The real need for an attorney presents itself when you have been injured (or a family member has been killed). Personal injury claims are not scheduled or standardized, and tend to be worth much more than most property damage claims. You can be 100% certain that if you do not have a car accident attorney working on your case, the insurance company will take advantage of you.

What to do if you are hurting after hitting a car?

If you are in pain after getting hit by a car, you should seek medical attention immediately. If the pain is severe, you should go to the emergency room. Otherwise, you should see your primary care provider as soon as possible. Don't wait. Insurance adjusters (and juries) generally assume that if you did not seek medical attention immediately ...

What happens if a pedestrian is hit by a car?

If a pedestrian is hit by a car, the driver of the car that hit the pedestrian is usually (but not always) considered to be at fault, even if the pedestrian was not in a crosswalk. The reason for this is that most states' negligence and traffic laws require drivers to be alert to what is around them and to pay attention to hazards in the road.

What is an example of negligence?

An obvious example is if the traffic light is broken. If somehow both the pedestrian and the oncoming traffic get green lights, and the pedestrian crosses the street without noticing that the oncoming traffic also has a green light, then a claim for negligence against the municipality might be possible.

Why are some vehicle-pedestrian accidents the fault of the city or town?

Some vehicle-pedestrian accidents might be the fault of the city or town because of how the street is laid out or because of a failure of traffic control devices like traffic lights or stop signs. Let's look at a couple of examples.

Who pays for pedestrians in a no fault accident?

If the accident did not occur in a no-fault state, then the pedestrian's health insurer (if he/she is insured) will pay the bills. If the pedestrian did not have health insurance and the accident occurred in a non-no fault state, then the pedestrian will likely be responsible for paying the bills him/herself.

Who pays for injured pedestrians?

If the accident occurred in a no-fault state, then the driver's insurance company will pay some or possibly even all of the injured person's medical bills.

What happens if you don't seek medical attention after an accident?

Insurance adjusters (and juries) generally assume that if you did not seek medical attention immediately after the accident, you weren't that hurt. So it's crucial for your health and for your legal rights that you get proper medical attention, and get your injuries and your medical treatment documented.

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.

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.

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.

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 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.

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 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.

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 .