When to Consider Hiring a Car Accident Lawyer

A study by the Insurance Research Council found that plaintiffs who hire personal injury attorneys for their auto accident claim receive, on average, 3.5 times more compensation than those who don’t. You need a car accident lawyer when facing serious injuries, significant vehicle damage, or complex legal issues. If the accident results in catastrophic injuries or long-term disabilities, a lawyer can help you pursue compensation for medical bills, lost wages, and pain and suffering. 

Additionally, when fault is disputed, or multiple parties are involved, an attorney can gather evidence, negotiate with the other driver’s insurance company of the opposite party, and advocate for your rights. An auto accident lawyer is also necessary when an insurance company offers a low settlement or denies your claim. In cases of wrongful death, navigating legal claims and securing just compensation for surviving family members often requires legal expertise. 

If the accident involves commercial vehicles or government entities, legal representation is crucial due to the complexities of the law. Even in minor accidents, an experienced car accident attorney helps protect your rights and ensures you get the compensation you’re entitled to.

What Can a Car Accident Lawyer Do?: Roles and Responsibilities 

A car accident lawyer plays a crucial role in helping clients navigate the legal aftermath of an accident. From the initial consultation to gathering evidence, negotiating settlements, and representing clients in court, their responsibilities are essential for securing fair compensation. Car accident lawyers from any law firm start with an initial consultation that is typically free and clarifies the next steps for both parties.

Investigating the Accident: Building Your Case

A car accident lawyer’s first task is conducting a thorough investigation to gather crucial evidence and build a strong case. This involves analyzing the accident scene, collecting photos, videos, and physical evidence, and collaborating with experts when needed. The lawyer also gathers witness statements, scrutinizes police reports, accident reports for inconsistencies, and reviews medical treatment records to document car accident injuries. By compiling this evidence, auto accident lawyers can determine who was at fault and strengthen your claim for fair compensation.

Proving Liability: Establishing Negligence

To secure compensation, your lawyer must prove the other party’s negligence. Proving negligence in car accident cases involves demonstrating four key elements: duty of care, breach of duty, causation, and damages. The lawyer will show the at-fault driver acted carelessly, such as speeding or texting, which directly caused the car crash and your injuries. Using evidence and expert testimony from accident reconstructionists or medical professionals, your lawyer ensures that each element of negligence is established to support your claim.

Negotiating with Insurance Companies

Insurance companies often offer settlements far below what victims deserve. A lawyer manages all communication with the insurance company, ensuring nothing said harms your auto accident case. They carefully evaluate settlement offers to ensure they cover both economic and non-economic damages. If necessary, the lawyer rejects low offers and negotiates for a fair amount. For cases involving uninsured or underinsured drivers, the lawyer explores other compensation options, such as your own insurance coverage, to protect your interests.

Pursuing Full Compensation for Damages

The national transportation research group TRIP reported that serious and fatal car accidents cost the economy $460 billion in 2023, averaging about $1,380 per person in the U.S.

A car accident lawyer works to secure compensation for both economic and non-economic damages. This includes medical expenses, such as surgeries and rehabilitation, as well as lost wages if your car accident injuries prevent you from working. They may also seek compensation for property damage and long-term loss of earning capacity. Additionally, the lawyer addresses non-economic losses like pain and suffering, ensuring all aspects of your injury and its effects are accounted for in your claim.

Taking Legal Action: Court Representation

When negotiations fail to result in a fair settlement, your lawyer may recommend filing a personal injury lawsuit. This involves gathering additional evidence during the discovery phase, including witness depositions and expert testimony. If the case goes to trial, the personal injury lawyer will represent you, presenting evidence and cross-examining witnesses to prove liability. Your lawyer will manage court filings, deadlines, and procedures, ensuring your rights are protected and the process runs smoothly throughout.

Understanding Statute of Limitations Deadlines

Time is crucial in car accident cases due to the statute of limitations, which sets the deadline for filing a personal injury lawsuit. Missing this statute of limitations deadline can forfeit your right to compensation. Most states provide between one to four years to file a car accident lawsuit, but this varies. For example, in Illinois, the statute of limitations is two years from the date of the car crash. 

However, if a government entity is involved, some states, like Texas statute of limitations, require claims to be filed within six months. Special rules may apply in cases involving minors or public entities, where extended deadlines or different procedures are involved. Your attorney will ensure compliance with all legal deadlines to protect your right to full and fair compensation.