An attorney can make all the difference when it comes to being fairly compensated after an accident, but different situations call for different types of experts.
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by Swara Ahluwalia
Swara has over six years of writing experience in the software, manufacturing, and small business segments. When she ...
Legally reviewed by Allison DeSantis, J.D.
Allison is the Director of Product Counsel at LegalZoom, advising and providing leadership to internal teams on the d...
Updated on: August 7, 2024 · 11 min read
Accidents are chaotic and demanding—physically, mentally, and financially. But with the right attorney, you can easily navigate this intricate process and be confident about receiving the compensation you rightfully deserve.
However, not all accident attorneys have the same expertise, and finding the right accident lawyer could be the difference between paying fines vs. getting compensated for your time and injuries. In this article, we’ll discuss the various types of accident attorneys and when you should call them.
An accident lawyer—aka a personal injury attorney—works alongside victims to navigate legal challenges and help them pursue the compensation they deserve for their losses or injuries. So, if you're in a car wreck, a car accident attorney will guide you through the legal process. They'll fight for your rights against the insurance company to ensure you receive a fair settlement.
An accident attorney's core function is to:
Did you know the U.S. has one of the highest rates of accidents worldwide? With that statistic in mind, it’s reasonable that you may need an accident lawyer at some point. However, not all accidents are the same, and deciphering fault and other legal factors requires the expertise of a specialized lawyer.
Here’s a breakdown of different types of accident attorneys and how their specific expertise allows them to handle each scenario.
A car accident lawyer is the person to call if you have been in any car crash, like a rear or head-on collision, side sweep, or negligent driving scenario. Car accident attorneys possess the knowledge to deal with the complexities of car accident cases. They know vehicle and traffic laws like the back of their hand, can skillfully negotiate with auto insurance companies, and know how to handle injuries from car accidents. They are also adept at proving negligence in complex traffic situations and securing compensation for any damages and injuries sustained.
So, if you have suffered a neck injury because of a rear hit, your auto accident lawyer can help you with the following:
LegalZoom's vetted lawyer directory can help you identify the best car accident attorney for your needs.
Trucking accidents are a different ballgame—severe injuries, increased fatalities, and greater involvement of third parties (drivers, trucking companies, owners, and maintenance facilities).
The industry is also subject to different regulations from those of regular passenger cars, such as legal limits on how many hours a driver can be on the road to prevent fatigue-related accidents. Uncovering evidence requires in-depth knowledge of these laws—something a non-specialized lawyer may miss.
A truck accident lawyer understands these nuances and can make a substantial difference in recovering fair compensation for your medical bills and lost income after a potentially life-altering crash.
Motorcycle accidents make up 15% of all traffic fatalities, and due to the size of other vehicles on the road, motorcycle riders are more likely to sustain traumatic brain injuries in collisions. Motorcycle accidents also have an increased risk of long-term injuries, and the slow recovery from these injuries can impact one's earning capacity. A car accident lawyer may struggle to differentiate a motorcycle injury from that of a car wreck.
Motorcycle accident attorneys are well-versed in the special circumstances facing motorcycle riders and how these accidents differ from traditional motor vehicle incidents. They know motorcycle operation laws, various state law differences (for instance, lane splitting, which is only legal in five states), and the types of injuries a biker may sustain. They can help you seek compensation for medical expenses, lost wages, and other damages.
Pedestrians are far more vulnerable than people within a vehicle, and even a seemingly low-impact hit can cause serious injuries. If you have been injured as a pedestrian, you want an experienced accident attorney who’s handled similar cases and knows the laws applicable to your injuries.
Typically, pedestrian accidents have limited physical evidence. Therefore, you’ll want legal representation that's skilled in gathering and questioning eyewitnesses and uncovering all evidence, such as traffic camera footage, to build a strong case and successfully prosecute the vehicle operator who injured you.
The popularity of ridesharing companies like Uber and Lyft has led to the need for a new area of expertise—rideshare accident attorneys. Yes, they are different from car accident lawyers! If you’ve been in an Uber or Lyft wreck, this is the attorney to call.
A rideshare car accident is more complicated because so parties are involved—the ridesharing company, ridesharing driver, and any other drivers. It’s also trickier to secure insurance coverage because rideshare drivers aren’t required to have commercial driver’s licenses or commercial auto insurance. Furthermore, rideshare laws are constantly changing.
A rideshare accident lawyer is abreast of the latest laws, knows which insurance applies, and is skilled at cutting through the red tape to get all the case facts straight since these companies notoriously don’t like to hand over information to victims.
Bicycle accidents can be frightening, as you could get a serious injury from a seemingly small incident. A non-specialized lawyer might overlook the nuances of a cyclist's rights and may not be able to help you.
A bicycle accident lawyer knows the local laws and the unique hazards bicyclists commonly face, such as broken bones, cuts, bruises, and head injuries. They can be the difference between getting a claim that fails versus one that provides fair compensation.
Experienced heavy turbulence that resulted in a neck sprain or whiplash? Time to fly in the aviation attorney. Any injury or loss that’s caused by or connected to an airplane, helicopter, or glider is handled by aviation accident lawyers. They have the training and skills to represent clients in aircraft mishaps. They are thoroughly familiar with federal and state regulatory bodies, such as the Federal Aviation Administration (FAA) and the National Transportation Safety Board. They also know who to sue—the plane manufacturer, pilot, maintenance provider, or airline.
Like land vehicles, boats can also have a range of accidents, from capsizing and colliding with other boats to dangerous fuel leakages and equipment failures. One of the leading causes of boat accidents is unfamiliarity with maritime law and driving the boat under the influence.
A boat accident lawyer is a master of maritime law and knows all the ins and outs of handling personal injury cases. Picture this: you’ve been a boat accident victim but don’t have any immediate symptoms right away. An experienced boat accident lawyer can inform you of delayed symptoms like concussion, document time-sensitive evidence, and ensure your rights are protected from the beginning.
Train accidents are often spectacular or dramatic, and their effects can ripple out far and wide. While the immediate concerns could be bodily injuries and property damage, there could also be long-term consequences like trauma or disability. A train accident lawyer understands primary railroad accidents, the Federal Railroad Safety Act (FRSA), the statute of limitations (how much time a person has to file a claim), and how to fight against well-funded railroad companies.
Victims of a derailed train collision or any other train wreck can count on a railroad accident lawyer to investigate the incident, sue the appropriate party (which might be the railroad company, conductor, or maintenance team), and negotiate aggressively on their behalf.
Slip and fall accidents send over 2,000 Americans to the ER daily, and according to the Centers for Disease Control and Prevention (CDC), the costs of a slip and fall range between $30,000–$40,000.
The key to slip and fall cases involves proving fault and gathering evidence. Slip and fall accident attorneys are skilled at proving your injury was because of someone else’s negligence, such as wet flooring or a misplaced sign. They’re also aware of the challenge of securing compensation because insurance companies tend to downplay injuries or offer an unfair settlement that disregards potential long-term damages.
Many people don’t realize that an accident attorney is their only true ally through an injury case. Here, we highlight four reasons you should hire an experienced accident attorney.
The law can be confusing and overwhelming and it can change as you cross city, county, and state borders. If you aren’t aware of these differences, the result of your claim might not be favorable. Accident lawyers are well-versed in the nuances of federal and state motor laws and civil procedures. They can guide you through a successful claims process, from helping you understand your relevant laws and filing the correct documents to adhering to state deadlines and negotiating on your behalf.
Beyond the accident, a victim often suffers other non-economic losses that aren’t obvious in the beginning, such as mental trauma. The right law firm can bring these unconsidered damages to the forefront and ensure you get the proper compensation for every loss you’ve experienced. Their experience in battling insurance companies will ensure you get the maximum compensation possible.
One of the most significant personal injury settlement cases is of Gloria Aguilar, who was just two blocks away from her New York City apartment when a transit bus ran over her leg. That accident caused Gloria to lose her leg, but with successful attorney representation, she walked away with $27.5 million in compensatory damages.
Accidents are high-stress situations that bring confusion and uncertainty. It can be difficult to prove your innocence in a complex multi-car pile-up case that resulted in the wrongful death of a bystander. A legal professional can compile evidence—such as eyewitness accounts, traffic surveillance footage, road condition history, police reports, and medical records—to limit your liability and shield you from fraud allegations.
Dealing with an accident can be stressful, and the additional stress can undoubtedly delay your recovery. A personal injury lawyer can remove the burden of the legal process. You don’t have to haggle with other attorneys about medical bills or go around gathering proof to support your claim. With the right legal help, your sole focus can be on what matters most: healing and getting your life back on track.
There’s no set time frame for when to hire an accident attorney, but it’s advisable to engage the services of a counsel shortly after your accident to prevent running out the statute of limitations.
The majority of accident attorneys work on a contingency fee basis. This means they will only get paid when you receive the compensation from the insurance company or other party. The average contingency fee is 25-40% of the compensation received but could be higher if the case is more complex or proceeds to a trial.
Many personal injury lawyers tend to offer a free consultation. Make the most of that call so you can be confident in their ability to handle your accident claim.
Legally speaking, you can handle accident claims yourself, but it’s risky. Errors like incorrectly filling out claim forms, missed deadlines, or weak evidence can hurt your case and cost you money. A specialized accident lawyer will be able to get you the best resolution more efficiently and with less stress.
Economic and non-economic compensation can be available with the help of an accident attorney. Economic damages in a car accident claim include current and future medical bills, lost earning capacity, and vehicle and property repair expenses. Non-economic damages include pain and suffering, emotional distress, and decreased quality of life.
According to the Insurance Information Institute, the average settlement for a car accident case is $20,235. This number is subject to many factors, such as severity of injuries, amount of damage to vehicles and other property, pain and suffering, and the number of people injured.
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