Why It’s Worth Getting an Attorney to Maximize Your Car Accident Settlement
Why It’s Worth Getting an Attorney to Maximize Your Car Accident Settlement
Car accidents can happen unexpectedly, often resulting in physical injuries, emotional distress, and financial difficulties. According to the latest research, car accidents in the United States typically range from over 5 million to over 6 million per year.
If you’ve been involved in a car accident, seeking compensation can be a complex and stressful process. Insurance companies may not always offer a fair settlement, which is why hiring an experienced car accident attorney can make a significant difference.
In this comprehensive guide, we will explore why having legal representation is crucial to maximizing your settlement, how they can assist you, and the steps you should take to protect your rights and ensure fair compensation.
Table of Contents
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Challenges in Car Accident Claims and Settlements
Insurance Companies Are Not on Your Side
It’s important to understand that insurance companies are profit-driven businesses, and their goal is to minimize the payouts they make to claimants. For example, they might dispute the extent of your injuries or argue that you share a portion of the blame for the accident.
Without legal representation, you may feel pressured to accept an early, lowball settlement offer. An attorney can act as your advocate, handling all communications and ensuring that the insurance company doesn’t take advantage of you during this stressful time.
Medical Costs Can Pile Up
Medical costs from a car accident can escalate quickly, especially if the injuries are severe. For instance, if you suffer from a traumatic brain injury (TBI) or spinal cord damage, the costs could include not only immediate medical treatment but also long-term care, rehabilitation, and physical therapy. These costs are often difficult to estimate without professional help.
A skilled personal injury attorney can ensure that all future medical expenses are taken into account when determining the value of your claim, which could include expenses for surgeries, mobility aids, and home care services.
Legal Procedures Are Complex
Understanding the legal procedures involved in car accident claims is another area where personal injury attorneys offer invaluable assistance. Each state has its own statute of limitations, which refers to the time limit within which you must file a claim. If you miss this legal deadline, you may lose your right to file an injury claim and receive fair compensation.
Additionally, fault and liability rules vary from state to state. For example, some states follow a “pure comparative negligence” rule, where even if you are found to be 90% at fault, you can still recover 10% of the damages. Knowledgeable personal injury lawyers help victims navigate these complex legal landscapes.
Understanding Fault in a Car Accident
Establishing fault in a car accident is critical for determining who is liable for damages. In most cases, the driver who is responsible for the accident must cover the costs through their insurance or personal assets. Here are some common situations where the other driver is typically at fault:
1. Driver Error
Driver error is a leading cause of car accidents, including behaviors like running red lights, driving while intoxicated, or speeding. A study conducted by the NHTSA estimated that driver error was responsible for approximately 94% of motor vehicle crashes.
For example, a driver who runs a red light and hits another car is clearly violating traffic laws and is almost always at fault. In these situations, an attorney can gather traffic camera footage, witness statements, and police reports to establish negligence.
2. Rear-End Collisions
One study found that rear-end collisions makeup roughly 29 percent of all traffic accidents that lead to serious injuries. Rear-end collisions are frequent, especially in heavy traffic or during stop-and-go conditions. Drivers are expected to maintain a safe following distance to avoid such accidents. If someone rear-ends your car, the presumption is that they failed to maintain this safe distance and are at fault.
However, there may be exceptions, such as when the front vehicle makes an abrupt, unnecessary stop. An attorney can investigate the specific circumstances of the crash to ensure that fault is accurately determined.
3. Distracted Driving
Distracted driving is an increasing problem in today’s world of smartphones and constant connectivity. In 2022, distracted driving resulted in the deaths of 3,308 people in motor vehicle accidents. A driver who is texting, adjusting their GPS, or even eating while driving is not paying full attention to the road. If a distracted driver causes a crash, they are typically considered at fault.
An attorney can request phone records, and GPS logs, or even obtain surveillance footage to prove that the other driver was distracted at the time of the accident.
4. Failure to Yield
Failure to yield often happens at intersections or when merging onto highways. For example, if a driver fails to yield to oncoming traffic at a stop sign and causes an accident, they are likely to be found at fault. In cases involving failure to yield, a car accident attorney can use traffic laws and eyewitness accounts to prove liability.
A recent study by the Insurance Information Institute (III) demonstrated that 7.4 percent of traffic collisions in 2022 occurred because of drivers failing to yield the right-of-way.
Types of Compensation Car Accident Victims May Be Entitled To
According to a 2022 report by the National Highway Traffic Safety Administration (NHTSA), traffic accidents in 2019 cost the U.S. $340 billion, accounting for losses in productivity, medical and legal fees, along with rising auto insurance expenses. After a car accident, you may be entitled to several types of compensation, depending on the nature and severity of your injuries.
Compensation varies significantly depending on whether you live in a no-fault or at-fault state.
1. No-Fault States
In no-fault states like Michigan, Florida, and Kentucky, your insurance company is responsible for covering your medical expenses and certain other losses, regardless of who caused the accident. This is usually handled through your Personal Injury Protection (PIP) coverage.
However, PIP coverage may have limits, and once those limits are reached, you may need to pursue compensation from the at-fault driver’s insurance. An attorney can help assess whether your car accident case qualifies for further claims, such as serious injury exceptions, where you can bypass the no-fault system.
2. At-Fault States
In at-fault states like Illinois, California, and Missouri, the driver who caused the accident is liable for covering all damages, either personally or through their insurance. For example, if the other driver was speeding or ran a stop sign, their insurance is expected to cover medical bills, property damage, and any other losses.
If there is a dispute about fault or if you are found partially responsible, an attorney can ensure that your compensation is adjusted fairly based on your degree of fault.
3. Types of Compensation Available
If you’re injured in a car accident, you may be entitled to several types of compensation, including:
- Medical Expenses: Covers hospital bills, medication, physical therapy, and any long-term care related to your injuries.
- Lost Wages: If your injury prevents you from working, you can be compensated for the income lost during recovery.
- Pain and Suffering: Compensation for emotional distress, mental anguish, and decreased quality of life due to the accident.
- Property Damage: Reimbursement for damage to your car involved in the accident and personal belongings.
- Future Medical Costs: Compensation for ongoing medical treatment, rehabilitation, or special care that may be required due to your injuries.
The Role of a Car Accident Attorney
The question remains, is it worth getting an attorney for a car accident? Hiring a car accident attorney is one of the most effective ways to ensure that you receive the maximum settlement for your injuries and damages. Here’s how an experienced personal injury lawyer can help car accident victims:
1. Expertise in Personal Injury Law
Car accident attorneys specialize in personal injury law and are well-versed in the legal principles that apply to car accidents and injury claims. They know how to interpret medical records, accident reports, and insurance policies to build a strong car accident case in your favor.
For example, an attorney can evaluate your medical reports and consult with doctors to provide a detailed and accurate depiction of your injuries.
2. Accurate Valuation of Your Claim
Many car accident victims are unaware of the full scope of compensation available to them. Surveys indicate that average car accident settlements ranged from $20,000 to $25,000, though this compensation can escalate to several million or even billion dollars. An attorney will assess not only your current medical bills but also potential future expenses, such as ongoing physical therapy or future surgeries.
For example, if your injuries require multiple surgeries, an attorney can ensure that these future medical costs are factored into your compensation.
3. Handling Insurance Companies
Insurance companies pay an average of $447 annually for each insured passenger vehicle. Truth be told, insurance companies are known for using tactics that benefit their bottom line, such as offering quick settlements that are much lower than the actual value of your insurance claim.
With an attorney on your side, you won’t have to worry about dealing with adjusters who may try to minimize your injuries or dispute the cause of the accident. Your car accident lawyer will manage all communications and negotiations with the at-fault party’s insurance company.
4. Proving Liability and Gathering Evidence
Proving who is at fault in a car accident requires evidence, which can include:
- A police report detailing the accident
- Witness statements from people who saw the car crash
- Traffic camera footage or dashcam recordings
- Accident reconstruction expert reports
- Medical records that link your injuries to the crash
An attorney knows how to collect and preserve this evidence to build a solid case. For example, they can request surveillance footage from nearby businesses or homes that captured the accident.
5. Negotiating a Fair Settlement
Insurance companies often offer low settlements to resolve car accident cases quickly. A car accident lawyer, however, will fight for the full value of your claim, ensuring that you receive compensation for all your losses, including medical expenses, lost wages, and pain and suffering. If negotiations fail, your lawyer can prepare to take the case to trial, which often encourages insurance companies to settle more fairly.
6. Litigation Support
If your case goes to trial, your attorney will be prepared to represent you in court. They will file motions, present evidence, and argue on your behalf in front of a judge or jury. For example, if the other driver’s insurance company refuses to settle or disputes the extent of your injuries, your attorney can present expert medical testimony to support your insurance claim.
7. Contingency Fee Arrangement
Most car accident attorneys work on a contingency fee basis, meaning you don’t have to pay any legal fees upfront. Instead, the personal injury attorney’s fee is a percentage of the final settlement. This arrangement ensures that the car accident lawyer is motivated to secure the highest possible settlement for you, as their payment depends on it.
Common Types of Car Accident Injuries
Injuries from car accidents can range from minor cuts and bruises to life-altering conditions. Common injuries include:
- Whiplash: A neck injury caused by sudden back-and-forth motion, common in rear-end collisions.
- Traumatic Brain Injuries (TBI): Injuries to the brain resulting from head trauma, can lead to cognitive, emotional, and physical impairments.
- Spinal Cord Injuries: Severe damage to the spinal cord, potentially causing paralysis or long-term disability.
- Broken Bones: Fractures and broken bones often require surgery and lengthy recovery times.
- Internal Injuries: Damage to internal organs can be life-threatening and may require immediate medical attention.
- Emotional Trauma: Psychological conditions like post-traumatic stress disorder (PTSD), depression, and anxiety are common after serious accidents.
Steps to Take After a Car Accident
To protect your rights and maximize your compensation after a car accident, it’s crucial to take the following steps:
1. Call the Police
Having a police report is essential for documenting the details of the accident and assigning fault. Make sure you get a copy of the report for your records.
2. Gather Information
Collect the contact details, insurance information, and vehicle registration of the other driver involved in the accident. If possible, take pictures and videos of the car accident scene, vehicle damage, and any visible injuries.
3. Seek Medical Care
Even if you feel fine right after the accident, some injuries may not show symptoms immediately. Seeing a doctor ensures that your injuries are diagnosed early and documented, which is vital for your personal injury claim.
4. Contact a Car Accident Lawyer
Before you speak to the insurance company, consult with a car accident lawyer. Personal injury lawyers can guide you through the claims process, prevent you from making damaging statements, and ensure that you are treated fairly. Most law firms offer a free consultation.
Helpful Tips for Maximizing Compensation
To ensure that you receive the maximum compensation possible, follow these important tips:
- Document Everything: Keep all receipts and records related to your medical treatment, car repairs, and lost wages. These documents will help prove the full extent of your damages.
- Do Not Settle Too Quickly: Insurance companies often offer quick settlements to minimize their payouts. Wait until you’ve fully assessed your injuries and financial losses before agreeing to any offers.
- Stay Off Social Media: Insurance companies may monitor your social media activity. Avoid posting about your accident, injuries, or recovery, as this information could be used against you.
- File Your Claim Promptly: Each state has its own statute of limitations for filing personal injury claims. If you miss the statute of limitations, you may lose your right to compensation, no matter how valid your claim is.
Conclusion
Dealing with the aftermath of a car accident can be a stressful and overwhelming experience. However, hiring a skilled car accident attorney can make a significant difference in securing the compensation you deserve. From handling insurance companies to proving liability, gathering evidence, and negotiating on your behalf, a car accident lawyer will ensure that your case is managed effectively. By taking the right steps after an accident, documenting your damages, and securing legal representation, you can maximize your settlement and focus on recovering from your injuries.
If you’ve suffered injuries in a car accident, our personal injury law firm will help you file a negligence claim. Our expert car accident attorney has an excellent track record of maximizing compensation for crash victims. Call our legal team at (888) 424-5757 to schedule a free consultation with an experienced car accident lawyer.
FAQs
What do car accident lawyers typically charge?
Car accident lawyers usually work on a contingency fee, meaning they take 33% to 40% of the settlement if you win.
How much is the average payout for a car accident claim?
Settlement amounts for car accidents typically range from $15,000 to $30,000, though they can be higher based on injury severity.
Is it necessary to hire a car accident lawyer if the accident wasn’t my fault?
Even if you weren’t at fault, hiring a lawyer can help ensure you get the full compensation you deserve and deal with the insurance company effectively.