When another driver hits and injures you, you shouldn’t have to pay out of pocket for your injuries and other losses. A car accident attorney in your city can secure compensation from the other driver’s insurance company.
A successful car accident claim or lawsuit depends on the skill of the attorney you hire. Below, learn the critical questions you should ask a car accident attorney before hiring them. Then, speak to an auto accident attorney in your area for a free legal consultation.
Why Should You Hire A Car Accident Attorney?
You aren’t mandated to hire a car accident lawyer after an accident with injuries, but it’s a good idea. If you live in a fault state, the at-fault driver’s auto insurance has to cover the injured person’s damages.
However, ‘paying for damages’ can mean many things, and insurance companies know how to take advantage of an injured person who doesn’t hire a car accident attorney. You may not understand the full value of your claim and the damages you are entitled to.
Current legal research shows that a car accident attorney usually obtains more compensation for an injury victim than if they don’t hire counsel. Some estimates are that the car accident victim may receive three to five times as much compensation if they hire a lawyer. This fact means that personal injury attorneys are paid through contingency agreements and receive some of the injured person’s settlement as compensation.
When Should You Always Hire A Car Accident Attorney?
You don’t have to hire a car accident lawyer, but it is highly recommended in most cases unless it is a minor fender bender with no injuries or damages. Also, you should always hire a car accident attorney in these situations:
- You have severe injuries caused by another party: Do you have a brain injury, spinal cord damage, broken bones, or other major injuries? Your losses can be staggering; only a skilled auto accident attorney will maximize your compensation.
- When the parties contest fault: If there is disagreement about fault and significant damages, you should have a car accident attorney represent you. You can be wrongly blamed for the accident, affecting your compensation.
- Several vehicles were involved: Did the crash involve three or more vehicles? Determining fault will be more complex, and your auto accident attorney should be involved.
- There are several injury victims: Your car accident attorney should oversee a major car accident with multiple injured parties. Insurance compensation can be limited, and you want your damages fully covered.
- Someone died: If someone died in a car accident, you should have a car accident lawyer. For instance, if the accident killed your wife, consult a car accident attorney who focuses on wrongful death claims.
- The liable driver is uninsured: All US drivers must have auto insurance, but many people don’t want to pay for it. You should retain a car accident attorney if you’re injured and the liable party lacks insurance. An attorney can lay out your legal options for compensation, such as filing a claim on your uninsured driver policy.
What Should I Ask A Car Accident Lawyer?
Once you have decided to hire a car accident lawyer, there are many critical questions to ask:
Have You Handled Personal Injury Cases Like Mine?
Personal injury law is complex, and auto accidents are a subfield of personal injury law. You should choose an attorney who has overseen many successful car accident claims and lawsuits. Ideally, you should choose a car accident attorney who has succeeded with injuries and accidents like yours.
You should ask your attorney what their case outcomes were in car accident claims similar to yours. Just because an attorney has worked in personal injury law for years doesn’t mean they have the experience and success you want for your auto accident claim.
What Are The Strengths And Weaknesses Of My Car Accident Case?
The car accident lawyer won’t have all the evidence during your free consultation yet. However, based on the attorney’s experience, they can provide a rough overview of the strengths and weaknesses of the claim.
Every car accident case has weaknesses, even when the other driver is at fault. For example, maybe you didn’t go to the doctor for 10 days after the accident. This isn’t an ideal fact, but it’s something that a skilled car accident attorney can probably deal with. Or, perhaps, you have a pre-existing condition involving the same injured body part.
A skilled and experienced auto accident attorney can extensively discuss your case's strengths and challenges and explain the outcome.
How Often Do You Go To Trial?
Most car accident claims settle out of court, not litigated. However, there is a possibility that the insurance company will only accept liability or will offer what you deserve. So, choose a car accident attorney who goes to court often and has a successful record. Your case is more likely to succeed if your auto accident attorney goes to court often.
Also, an attorney with a strong record in court gives them an edge in settlement discussions. The insurance adjuster will know your attorney’s trial record, which can encourage them to bump up your settlement offer.
How Will You Communicate With Me?
This question is an important one that far too many injury victims don’t ask. Perhaps you have not worked with an auto accident attorney before, so you may not know how some attorneys treat their clients.
As a serious injury victim, you will have questions about your case often and want to know how the settlement process is going. Your car accident attorney should update you regularly about the case and whether a settlement is likely or will end up in court.
How the attorney communicates will depend: Some may prefer phone calls, emails, or texts. But the auto accident lawyer should be available to update you whenever there is news. At the least, the attorney should update you every month, but every week or two is usually better.
Keep in mind that after a severe auto crash injury, you may be hurting for money and cannot work. When the court resolves the case, it may be hugely important to you, so choose an attorney who communicates often. Some attorneys may have their paralegals and administrative staff update clients, which is usually ok. However, the attorneys should make themselves available regularly to communicate with you.
What Will You Do For My Case?
A car accident attorney is critical to most successful auto accident claims, especially those with serious injuries. You should ask the attorney what they will do to ensure the best outcome and listen carefully about how they answer. Common critical duties that car accident attorneys handle include:
- Obtain important information about your case and use it to prove fault and damages. A car accident attorney may obtain the police report, cell phone records, video and photos of the accident, surveillance video, eyewitness statements, crash scene evidence, expert witness testimony, and vehicle recorder data (such as in a commercial truck accident).
- Draft an insurance demand letter for the liable insurance company, outlining your financial demand to settle the case.
- Obtain information from your employers about lost current and future income.
- Hire expert witnesses to prove how the accident happened and the degree and prognosis of your injuries.
- Communicate directly with the insurance company to negotiate a fair settlement.
- Communicate case updates to you regularly, as needed.
- Take the case to trial if settlement negotiations falter.
- Negotiate payments to medical providers at the end of the case. Car accident attorneys can often negotiate lower medical payments than what you owe.
How Many Cases Do You Handle At Once?
Most excellent car accident attorneys are busy. You should expect your attorney to have other clients, but they shouldn’t be so busy that they don’t have time for you. Ask the attorney how many other car accident claims they are handling.
Also, if your attorney is overbooked, ask if another attorney will handle your case day-to-day. You should know what attorney will be doing most of the work.
How Likely Is My Car Accident Claim To Go To Trial?
Most car accident cases end with a settlement. It’s usually to both sides’ benefit to settle the case rather than go to court. However, your auto accident attorney must be prepared and capable of taking a case to court and winning.
You should understand your attorney’s thinking about whether they can settle the case for a fair amount or if a trial is likely. You can expect a negotiated settlement, but the insurance company may undervalue your injuries and damages. Your auto accident attorney should have a strong track record of settlements and court verdicts.
What Is My Car Accident Claim Worth?
An experienced auto accident attorney can offer a value range for your car accident claim. However, be wary of an attorney who guarantees any specific case result. The auto insurance and legal systems are difficult to predict, and no personal injury attorney can assure a definitive dollar amount or verdict. However, the auto accident attorney you interview can provide a rough estimate based on your:
- Medical expenses include past, current, and future care. Estimating future medical needs is especially critical for long-term or permanent injuries.
- Lost earnings in the past, currently, and in the future. You also may be entitled to compensation for lost earning capacity due to a disabling injury.
- Pain and suffering: This includes both mental and physical discomfort from your injuries.
- Available insurance: Insurance usually pays most car accident settlements. The liable driver’s insurance policy can limit your payout. Many states only require $30,000 in bodily injury protection per person; this amount can fall far below what you deserve.
Have You Written Books Or Papers About Auto Accident Law?
Car accident law is always changing. There are changes in state law, new technology, medical and scientific breakthroughs, and public attitudes. All of these factors can have a large impact on your case.
For your auto accident claim to have the best odds of success, you should hire a car accident lawyer who is aware of these changes and always improves their skills. It’s helpful if they have written books or white papers on aspects of personal injury law. This means they know the newest ways to gather evidence, establish the car accident victim’s injury and prognosis, and more.
So, ask the attorney if they have recently published papers or given personal injury law presentations. If the lawyer has work published in law journals or has spoken at legal conferences, their work has probably been noticed and may have even broken new ground in the field.
What Does It Cost Me To Hire You?
Most personal injury attorneys receive payment through a contingency agreement. This means they receive a percentage of the settlement or verdict amount. Your attorney doesn't get paid if you don’t win the case.
Most personal injury attorneys charge between 33 and 40 percent of the financial recovery. How much depends on the complexity and length of the case. Also, most attorneys will pay for out-of-pocket costs as the case progresses. You will reimburse those costs from your settlement.
You should understand what your attorney will charge for their services before agreeing to have them represent you. Ask to see the compensation agreement in writing before you agree to anything, and ensure the agreement clearly outlines all fees.
Contact A Car Accident Attorney Now
Were you hit by a car and seriously injured? A car accident attorney will ensure you receive the best compensation for your injuries, medical bills, lost earnings, and any pain and suffering you experience. There are many car accident attorneys in most major cities, but you should find one with a strong success record to maximize the compensation you receive for your losses. Call a car accident lawyer in your city for a free consultation. You won’t pay legal fees unless you win your case, so you have nothing to lose.
