Another car hit yours in an intersection, and you’re in a lot of pain. You can’t work. How will you ensure that you receive enough compensation for your injuries? For many people, hiring a car accident attorney is the best way to move forward. Below, learn about how you know when to hire an attorney after a car accident. A car accident attorney will provide the best chance for you to maximize your compensation in a claim or lawsuit.
Aren’t you sure you have a case? Contact a car accident lawyer in your city today. They will review your case for free and determine if you can receive compensation for your losses.
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What Is A Car Accident Personal Injury Claim?
You may have a personal injury claim for a car accident if someone’s negligence caused your injuries. For instance, if you broke your arm when another car hit you at a red light, you can receive compensation in a personal injury claim. You need to prove that the person’s negligence, action, or inaction harmed you and that you have injuries and damages.
When successful, a car accident personal injury claim can lead to compensation for medical bills, lost earnings, and pain and suffering. Your case will probably end with an insurance settlement, but going to court may be necessary to extract the most money from a reluctant defendant. Insurance companies don’t like to pay fair settlements, and your attorney gives you the best chance to get the most money.
When You Should Get A Car Accident Attorney
There are many reasons to hire an auto accident lawyer after a serious car accident. Having an experienced personal injury attorney at your side will allow you to get the most compensation for medical bills, lost income, pain and suffering, emotional distress, and more. Always have a car accident attorney review your case in these circumstances:
You Were Not At Fault
You should retain a car accident attorney anytime you’re in an accident caused by another person or entity. Every state has laws that allow people to file a personal injury claim when another party’s negligence injured them in an accident. The most common are auto accidents, slip and fall cases, medical malpractice, product liability, and workplace accidents.
Usually, another person is to blame for the accident, and you will hold that person or their insurance company accountable for your damages. However, a company or other entity also can be responsible. For example, you can file a claim against the truck driver’s employer and insurance provider in a truck accident if the trucker injured you.
You Have Injuries
If you have significant injuries after the accident, you should have a car accident attorney. A car accident lawyer will identify who was at fault, calculate how much compensation you should receive, and demand the best settlement from the insurance company. They also will scour the crash evidence to build the most robust personal injury case.
Many injury victims initially attempt to file their claims and negotiate a settlement. However, with significant injuries, you can end up with far less money than you need for a full recovery.
You Get A Low Settlement Offer
Insurance companies are notorious for offering low settlements to injury victims without an attorney. For example, after a crash that breaks your arm caused by another driver, their insurance company may call and offer a few thousand dollars. This is a low offer, and they’re making it in the hopes that you will accept it and close the case before talking to an attorney.
Retaining a car accident lawyer immediately after a serious accident is best. But if you get a low settlement offer and bring in an attorney, they’ll take over negotiations and demand more money.
You Have Catastrophic Injuries
You should also know that only an experienced auto accident attorney should handle severe or catastrophic injury claims. These are major, life-altering injuries that may require years of care or may be permanent. Catastrophic injuries include:
- Severe burns and scarring
- Spinal cord injuries and paralysis
- Brain injuries
- Amputations
- Organ damage
- Eye or hearing injuries
Only a skilled auto accident attorney can accurately assess what your catastrophic injury claim may be worth. Attempting to negotiate your settlement will lead to less money for your steep losses. For example, medical care for quadriplegia in the first year alone may exceed one million dollars and then hundreds of thousands per year after that.
There Is An Uninsured Driver
Were you hit and injured by an uninsured driver or one that fled the scene? There may be challenges in obtaining compensation for your losses, so it’s best to have a lawyer. Your attorney can work with law enforcement in hopes of finding a hit-and-run driver. Or, they can support you in filing a claim on your uninsured driver coverage on your policy.
There Are Questions About Liability
Certain car accidents have a clear person at fault. For instance, if someone rear-ends you at a stop sign, the driver behind you is at fault, and your insurance company will usually accept liability.
However, some accidents can have several parties to blame, such as in a multi-vehicle crash on the interstate. Who hit who first? To avoid wrongful blame for a crash, you didn’t cause; you should retain a car accident lawyer. Not only will they obtain compensation for your damages, but they also will ensure that you aren’t stuck with the blame for a crash that wasn’t your fault.
Potential Damages In A Car Accident Lawsuit
The damages possible after a car accident depend wholly on the case details. You can receive both economic and non-economic damages. Economic damages are for things such as:
- Current and future medical bills. Your attorney will work with your medical team to understand your future medical and rehabilitation needs. Medical treatments should be paid for until you reach maximum medical improvement or MMI.
- Lost earnings and lost earning ability: You should get money for earnings you have lost from the injury and during your medical appointments and recovery. Also, for serious injuries, you can receive money for lost earning ability. For example, if you are paralyzed from the crash and can’t work, you should receive money for lost future years of employment.
- Any out-of-pocket expenses related to the accident include medical copays, transportation costs to medical providers, and prescription drug costs.
Economic damages may include:
- Pain and suffering: You may receive compensation for pain and suffering from your injuries and treatments. This damage is subjective, and your attorney will rely on past settlements in your area with similar injuries to argue for the most compensation. If the insurance company does not provide fair pain and suffering compensation, you can take the case to court.
- Mental and emotional trauma: Severe injuries and the treatments that follow can take an emotional toll, and you should receive proper compensation.
- Loss of life enjoyment: Imagine being paralyzed or unable to communicate because of a brain injury. You can no longer live as full a life as you did before the accident.
An experienced auto accident lawyer will review your damages and future medical needs to accurately calculate a reasonable settlement amount to demand from the insurance company. There can be considerable back-and-forth between both sides to reach a fair settlement.
What Influences The Size Of Your Car Accident Settlement?
Everyone wants to know what their auto accident case is worth. Every case is different, and you can’t count on an ‘average’ settlement amount. That said, several common factors may influence the amount of your settlement:
- The severity of injuries: A catastrophic injury, such as paralysis, will lead to a higher case value than a minor injury, such as a fractured tibia.
- The extent of medical treatments: A paralysis injury will require years of medical care and rehabilitation to increase the settlement value. On the other hand, a broken leg might fully heal within three to six months.
- Amount of available insurance: Many auto insurance policies only cover the initial $30,000 medical bills, which may be grossly inadequate for a severe injury. However, obtaining more compensation may be challenging unless the liable person has substantial assets.
- Pain and suffering: Severe injuries almost always cause more pain and suffering. Suffering severe burns in a truck accident will lead to more compensation for mental and physical suffering.
- Property damage: If the crash destroyed your vehicle, your case will be worth more than if the vehicle only sustained minor damage.
- Fault for the accident: The settlement value is higher if the fault is clear.
- Settlement or jury verdict: A personal injury settlement is typically only part of a claim’s full value. The total value may be possible if a jury finds in your favor after a trial, but there is a chance you can lose. Many personal injury victims decide on a settlement to get money in their pockets instead of waiting on an uncertain trial.
The value of your case also can be lowered if you have an injury to a body part that suffered an injury before the accident. For example, if you injure your back in the crash, your case value can be less if you have a preexisting back injury.
Second, your cash value can be lower if you don’t get immediate assistance after the crash. Getting prompt medical care shows the insurance company that you have serious injuries, and they’re related to the auto accident. If you wait a week for medical care, the insurance company may claim your injury isn’t serious.
Your auto accident attorney will carefully calculate the full case value of your claim. Then, they will attempt to settle the matter for the most money. If the insurance company doesn’t offer enough after a lengthy negotiation, they may recommend going to trial. However, the decision is yours, and attempting to get more money at trial must be balanced with the possibility of coming out empty-handed if the jury rules against you.
Are Online Car Accident Settlement Calculators Accurate?
You might have seen online settlement calculators online. They involve filling in the approximate value of your injuries and lost earnings and arriving at an approximate case range.
Online calculators are interesting, and there’s nothing wrong with trying one. However, no online calculator will accurately value your car crash claim. Auto accident injuries and related damages are complicated and often involve more than the raw numbers from your medical bills.
Most online accident calculators are only good for estimating medical bills and lost earnings. Even that number can be inaccurate. Also, an online calculator isn’t a lot of good for calculating pain and suffering, mental anguish, and loss of enjoyment of life.
The best method for obtaining an approximate case value is to ask a car accident attorney for a free consultation. They will consider the full amount of your economic and non-economic damages.
Auto Accident Attorneys Usually Are Paid By Contingency Fee
Many auto accident victims are short of cash because they can’t work and have a pile of medical bills. So, how can you afford a car crash attorney? Most personal injury attorneys work on a contingency fee basis.
A contingency fee means the attorney receives a portion of your settlement or jury award. Many attorneys receive 33 percent of a client’s settlement. If you get $100,000 in a car crash settlement, your attorney may receive approximately $33,000, depending on their fee structure. The advantage of this financial arrangement is you have no out-of-pocket legal fees. You only pay from the money you receive when the case is over.
Contact An Auto Accident Attorney Today
A car accident attorney is critical for most people to get the compensation they need after an accident caused by another person’s negligence. Have an auto accident attorney review your claim today to learn if you’re eligible for compensation. Your attorney won’t charge you legal fees if they don’t obtain compensation in your case. Personal injury attorneys offer free consultations, so there’s nothing to lose by finding out if you have a case.