Do I Need a Lawyer After My Car Accident?
Do I Need a Lawyer After My Car Accident? Car accident injury expert, Dr Barry Marks Chiropractor explains the common question accident victims have after an auto accident
How a Car Accident Case Works and If an Attorney Is Necessary
Here’s the typical scenario. You are at a stop in traffic minding your own business when suddenly without warning you feel a huge jolt from behind and hear a loud bang. You are stunned and not sure what just happened. Eventually, your brain is clear enough to realize you just got rear-ended. Great.
After exchanging info with the driver who just hit you, you drive home or to work. now your brain starts turning. What do I do? Who do I call? If you’ve never had an accident it can be confusing and frustrating.
Follow These Steps After a Car Accident to Minimize Aggravation
- Call YOUR auto insurance company and report the accident. Give them all the info you got from the other driver. Write down who you spoke with and a claim number if they give you one.
- Call the other person’s auto insurance and report the accident. They may take some info, but not make a full report until their insured calls them to report the accident. That’s frustrating, but normal. Get a claim number and contact number, fax and email if possible.
- Call a doctor specializing in car accident injuries. A car accident treatment expert will usually be able to get you into the office the day of or day after the accident. The sooner the better.
So Far You Have Not Called a Personal Injury Lawyer. Why Not?
A lawyer is needed if you suffer an injury caused by another that requires assistance to recover rightful damages. Damages means car repairs, medical bills, lost time from work, pain and suffering because of your injuries, loss of enjoyment of daily activities due to injury, future medical treatment, etc. Do you know what those are yet? No.
Your lawyer will go after the other persons insurance for compensation of these items AFTER they have occured. Not before or during. In other words, most of the work by a lawyer is done after you are done with medical care or have been under care for a while and it looks like you may need prolonged care.
There’s no rush to get an attorney.
Lawyers may argue with me over this and I understand why. It’s financial, but the reality is, an attorney that will take your case without you seeing a doctor and knowing the particulars of your case 1-2 days after, is not an attorney you want to work with. They may sign you up unseen then 2 months down the road you will receive a letter saying they are no longer representing you because your case doesn’t fit with their practice. These offices take in as many cases as possible then weed out the ones they want and discard the rest.
You should see a competent doctor first. Get all your injuries documented properly and establish a treatment plan. By now you may know if you will be missing work days, whether or not the other insurance company is going to willingly work with you to get your car repaired quickly, etc.
At this point you are now ready to make the decision whether an attorney is required or not.
Do I Need a Lawyer After My Car Accident or Not?
You Can Probably Avoid Hiring a Lawyer Under These Circumstances:
- The other party’s insurance accepted responsibility and has made arrangements to cover your car repairs or pay you fair market value for your car or truck.
- Your injuries were mild to moderate and did not require prolonged treatment (>3-4 mos) or special tests or imaging.
- Treatment resulted in minor or no lingering pain or impairment.
In the above situation, you can probably negotiate a settlement (with some coaching) that would rival what an attorney would obtain for you. The difference is you’d be saving attorneys fees which are 33.3% of your settlement plus a few hundred to a thousand in “additional costs.” The average attorney settlement is now > 24 mos after treatment has ended, while a patient can reach a settlement on their own in 2-4 months.
In the above case, many good law firms will not even want your case. It’s not big enough for them to spend their time on it.
You Would Be Best Served Retaining a Personal Injury Lawyer If:
- The other party’s insurance company refuses to accept liability or do not agree to repair your car properly.
- Your injuries are moderate or worse and show signs of ligament or disc damage on imaging.
- Your treatment is prolonged, greater than 3-4 months and requires evaluations by more than one specialist.
- After treatment you have significant pain or impairment in your daily activities
- You suffer large economic losses from lost time at work.
The above case is one that usually requires an attorney to procure specialist evaluations so you don’t have to pay out of pocket, recover your loss of income and damages for your current and ongoing medical problems.
Not All Personal Injury Attorneys Are the Same
There are different types, sizes and temperaments of lawyers that need to be considered for your case if you decide you need one.
Some offices take smaller cases.
Some offices only take large cases (fractures, disfigurement, death)
Many attorneys are not “trial lawyers’ so if your case needs to go to trial consequently they may have to subcontract out a trial lawyer.
If You Decide You Do Not Need an Attorney We Will Assist You
Although we are not lawyers, we have been handling personal injury cases as a specialty since 1986. We know how things are done. You can count on us to guide you through the steps of a successful personal injury case. Furthermore, we will direct you to online and other resources to show you exactly how to prepare and file your claim.
If at any time during the process you decide you need a lawyer, that’s not a problem. We will make a referral for you.
If You Decide You Need a Lawyer After a Car Accident, We Can Help
We make referrals to attorneys all the time. Our office does not refer to only one attorney. We have many because we try to match your case and condition to the right attorney. Rest assured, when we make a referral, it is to a highly qualified lawyer who will take very good care of you and your case. After all, only good and courteous attorneys get to be on our referral list.
We Are Here to Help You After a Car Accident.
Call Us (949) 667-5885
We will arrange a no-up front cost to you appointment to see what you need and certainly give you advice. CLICK HERE to set an appointment online