Car accident claims can be complex. This article explains when to seek legal representation to ensure you get the compensation you deserve.
Car accidents can be scary and stressful in many ways. Depending on the details of your accident, you may be recovering from injuries, wondering what will happen if you miss work, or thinking about whether your insurance will cover the damage.
If a negligent driver caused your accident, you can file a lawsuit to recover compensation. Whether or not you need to hire an attorney depends on your situation. Here, we will discuss how soon you should call an attorney after a car accident.
In general, you should call a car accident lawyer as soon as your immediate medical needs are stabilized. Waiting too long can make a claim harder to prove because evidence may disappear and witnesses may forget important details.
If You Were Seriously Injured, Call an Attorney As Soon as Possible
If you received treatment for injuries, you should contact an attorney as soon as possible. You should also call a lawyer if you are experiencing pain and think you might be injured. Your priority should be your health and seeking the medical attention you need. Calling an attorney sooner rather than later, however, can help you build a stronger claim.
You should also contact a lawyer right away if the crash caused broken bones, head trauma, injuries requiring surgery, long-term care, permanent disability, or a fatality. These cases often involve higher damages, more aggressive insurance defense, and more complicated evidence.
While you may initially hesitate at the thought of paying for a lawyer, you should not worry about the cost. Most personal injury attorneys work on a contingency fee basis. This means that they only get paid a portion of any recovery you win in your case. You likely will not have to pay upfront for legal representation.
An Attorney Can Help You Deal With Insurance Companies
While it may seem like your insurance company is on your side, they have strong incentives to try to offer you the smallest possible settlement. Insurers use a variety of tactics to get accident victims to agree to these small settlements. Sometimes, an insurance adjuster will contact you for a statement shortly after the accident. If you describe your injuries during this phone call they may try to use your statements as evidence supporting a low settlement offer. If you discover other injuries later, the insurer can use your previous statement to avoid compensating you for the additional injuries.
Hiring an attorney to speak with insurance companies can help you avoid falling victim to adjusters’ tactics. Experienced personal injury attorneys are aware of the methods insurers use to settle for the lowest possible amount. Your attorney will know how to answer an adjuster’s questions without jeopardizing your settlement.
A lawyer is especially important if the insurance company is denying your claim, blaming you for the crash, pressuring you to give a recorded statement, or offering a quick settlement before you know the full extent of your injuries. These are all signs that your claim may be worth more than the insurer is willing to admit.
Early legal help can also prevent harmful gaps in medical treatment. Insurance companies often point to delays in care or missed follow-up visits as a reason to argue that your injuries are not serious. An attorney can help make sure your injuries, treatment, and recovery are properly documented.
If insurers delay payment, our car accident law firm files formal demands and moves your claim toward resolution.
Gathering Evidence
It is important to gather evidence about your accident to support your claim. The sooner after an accident you begin gathering evidence, the better your chances of being able to obtain strong evidence. As time passes after an accident, witnesses’ and involved parties’ memories of the accident fade. You will get more reliable eyewitness accounts if you can talk to people who saw the accident soon after it occurred. An attorney will know how to take witness statements that will offer the best possible source of proof to support your claim at trial.
Time is of the essence for preserving and obtaining other sources of evidence as well. Nearby surveillance cameras or dash cams may have captured footage of the accident. The owner of a camera that captures footage may regularly delete recordings. You have a much better chance of obtaining footage if you inquire soon after your accident.
In some cases, surveillance or traffic camera footage may be overwritten within 48 to 72 hours. A lawyer can move quickly to request this evidence and send a spoliation letter asking that important materials be preserved, including video footage, vehicle data, and other records related to the crash.
A personal injury lawyer is likely to be effective at gathering evidence. Some people are hesitant to talk to strangers. A witness to your car accident, for example, maybe more willing to trust and talk to someone they know is an attorney gathering evidence for a case.
Less Stress for You
Depending on the extent of your injuries, building your personal injury case could be very difficult if not impossible. Hiring an attorney will take that weight off your shoulders. The more you can rest, the faster you will be able to recover. Having a lawyer handle the legwork and stress, especially in the investigative stage of your case, can make a huge difference.
It can also reduce your stress to know that hiring an attorney can increase your chances of achieving a higher settlement. This is true whether you are pursuing an insurance claim or suing a negligent driver directly. Your insurance company might offer you an unreasonably low settlement or try to deny your claim. The company may be guilty of oversights or bad faith in making such a denial. A lawyer will know whether or not the insurer is denying your claim for legitimate reasons.
For example, if your insurance company offered you a low settlement because they failed to investigate your claim, you could potentially sue the company under various consumer protection laws. You will most likely not need to sue the insurance company, however. If they know you are working with a lawyer, they will probably make a diligent effort to rectify any mishandling of your claim.
Other Situations Where You Should Call a Lawyer Quickly
Even if your injuries are still being evaluated, you should contact an attorney right away if liability is disputed or the crash involves unusual complications. This includes multi-vehicle accidents, commercial trucks, rideshare vehicles such as Uber or Lyft, government vehicles, or a driver who has no insurance or not enough insurance to cover your losses. These cases often involve additional insurance policies, corporate defendants, or shorter legal deadlines.
Claims involving public agencies can be especially time-sensitive. While many injury claims allow more time to file a lawsuit, claims against a city, county, or other government entity may require formal notice much sooner. That is one more reason to speak with a lawyer early if a public bus, city truck, or other government vehicle was involved.
Frequently Asked Questions
Q: When to call a lawyer after a car accident?
A: If you’re not injured or only have a minor injury you may be able to settle the case yourself without an attorney. If you’re seriously injured call a personal injury attorney right away.
You should also call a lawyer quickly if fault is disputed, the insurance company denies your claim, you are being pressured into a recorded statement, the other driver is uninsured or underinsured, or the crash involves multiple vehicles, a truck, a rideshare vehicle, or a government agency.
Q: When might you not need a lawyer after a car accident?
A: You may be able to handle the claim yourself if it was a minor fender-bender with no injuries, very limited property damage, and the insurance company is cooperating fully. Even then, it is wise to monitor your symptoms closely because some injuries do not appear right away.
Contact Us Today
GJEL Accident Attorneys are ready to answer any questions that you have. Our personal injury lawyers have decades of experience, numerous awards and recognitions, and outstanding success rates. Whether we are negotiating a settlement or fighting in court to get you the best possible compensation, our lawyers strive to do what is best for each client. If you were recently injured in a car accident, call our office to start your path to financial recovery.
Don’t Let Another Day Cost You Thousands – Act Now! Every second counts when it comes to protecting your rights and maximizing your compensation. Contact Us for a free, no-obligation, case evaluation now.
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