When Do You Need a Car Accident Lawyer?

When you’ve been involved in an accident, calling a car accident lawyer may not be your first thought, especially if the visible damage and immediate injuries seem small. However, it may be wise to err on the side of caution when so much is on the line.

What, at first, seems like a minor fender bender can quickly become a life-changing event. Just the legwork of informing lienholders, documenting damages, and managing the stressful negotiation with the insurance company’s experts can quickly take over your life.

When you are injured and inundated with medical bills, these headaches and delays are the last things you need. So, when is it the right time to call an auto accident attorney?

You Should Contact an Attorney If:

• You have suffered serious injuries which may cause long-term disability.
• You have medical bills of more than $3000.
• You have or will have lost wages because of your injuries.
• You believe there may be (or should be) a car accident lawsuit.
• There is disputed liability and/or the insurance company refuses to pay.
• You need an advocate to protect your interests.

Immediately After the Accident Contact a Lawyer

The best time to contact an attorney is immediately. The evidence is still available, and you can avoid some of the common mistakes insurance companies would like you to make.

Until you can get the advice of a car accident lawyer, keep these tips in mind:

• Remain silent about who is to blame. Even an apology might be used against you.
• Call 911 to obtain medical help for any injured persons.
• Exchange insurance information with the other driver(s).
• Take pictures and make notes, document what other people say, and gather contact information from any witnesses.
• Seek medical attention for yourself.
• Do not sign anything from the insurance company.

Why Is It Better to Consult a Lawyer?

While some minor variations exist by state, most cases where compensation is awarded must meet four basic legal elements:

• Duty
• Breach
• Causation
• Harm

Your attorney understands how to determine if these elements apply to your case and how to prove them in court. This expertise will help you obtain the full and fair compensation you need to move on with your life.

Duty is seldom a matter of argument because drivers have a legal obligation to operate their vehicle in a safe manner and to comply with the rules of the road. They must travel at a safe speed, maintain control, be attentive, and use signals and headlights. Their duty is clear.

Breach is often a matter of contention. Did drivers fail in (or breach) their duty to operate their vehicles in a safe and lawful manner? Witness testimony, traffic camera footage, police reports, and physical evidence from the scene may be used to prove this element.

Cause is demonstrated when the breach of duty is directly linked to the resulting injuries and property damage. This might involve a medical expert evaluation or testimony to demonstrate that the injuries you sustained are consistent with the type of accident and that they were not pre-existing.

Harm is the final element necessary to obtain compensation. You must have been injured or sustained a loss to be legally compensated. However, there are many types of harm and, therefore, many types of compensation available for the specific losses you might experience.

What Exactly Will Your Attorney Do?

There are many tasks and responsibilities that your attorney will handle for you. Some of these include:

• Managing communication with the insurance companies
• Locating, cataloging, and storing evidence related to your case
• Organizing medical records and tracking expenses
• Finding medical experts or expert witnesses as needed
• Working with lienholders to reduce or satisfy liens on damaged vehicles
• Creating and filing necessary legal paperwork
• Negotiating a fair settlement on your behalf

What Types of Compensation Can You Receive?

If you are injured in an accident, there are more types of compensation to consider than you might think of on your own. Experienced car accident law firms know how to negotiate a full and complete package that protects your financial future.

Compensatory damages are intended to compensate you for financial losses resulting from the accident. These might include:

• Medical expenses
• Lost wages
• Loss of future earning capacity
• Property damage including car repairs, towing, and damaged contents

General damages are other types of harm caused by the accident which are more subjective and, therefore, more difficult to prove. These include:

• Pain and suffering
• Emotional distress or mental trauma
• Inability to have children as a result of your injuries
• Loss of extremities (arm, leg, hand, eye)
• Wrongful death, disfigurement, or permanent disability
• Loss of affection/companionship/consortium

Should You Wait to Contact a Car Accident Lawyer?

In the aftermath of an accident, you may be in a state of shock, especially if you have been injured. While you are still trying to deal with this alarming and traumatic experience, the insurance company is already at work. It has experts standing by to protect its interests. Devaluing your claim and settling quickly is its area of expertise.

You may be told you don’t need an attorney or that there are “standard formulas” which will determine your settlement amount. The insurance company would like to find you at least partially at fault because this will drastically reduce the amount of compensation to which you are entitled. This is why it is wise to have an attorney to manage the communication so that you don’t mistakenly say the wrong thing or sign anything that limits your ability to be justly compensated.

While the insurance company is expected to look out for its bottom line, you are entitled to expert help as well. Its lawyers will begin work immediately, and your advocate should be there, too. Waiting to contact an attorney gives the advantage to the other team, but calling an experienced personal injury law firm levels the playing field.

How Much Does It Cost to Have Expert Legal Representation?

Many people mistakenly believe they cannot afford the legal help they need, but, in most cases, you can have an expert auto accident attorney on your side with a no fee unless you win your case.

With an attorney on your side, you are more likely to receive a larger settlement offer from the insurance company for two reasons:

• Your attorney will make sure all of your damages and losses are included in the claim and fully documented.
• Insurance companies respect law firms that have a winning record in court, and they would rather pay a fair settlement than risk a courtroom battle they might lose.

Meanwhile, you have the ability to focus on healing, returning to work or school, and taking care of your family. Without any upfront cost, you can return to normalcy sooner and know that you are getting the best settlement possible in your situation. These benefits more than make up for the percentage fee the attorney gets when you receive your compensation.

Anyone injured in an accident has the right and ability to have expert legal representation when they choose an experienced law firm that offers free consultations and this type of no-fee-unless-you-win policy. There’s no reason to go it alone.

Call the Best and Get Some Rest

There is a sense of relief and empowerment when you have a car accident lawyer on your side. At Schechter, McElwee, Shaffer & Harris, L.L.P., your first consultation is entirely free. We are standing by to look out for your interests, and our record speaks for itself. We will make sure you get the full compensation you deserve and make the process as stress-free as it can be.

With our experts to manage your settlement negotiation, a lawsuit will probably not be needed, but, in the event it becomes necessary, we will fight for your just compensation to ensure your future is secure. If you’ve been injured, reach out to us today and let our winning teamwork for you!