When Do You Need a Car Accident Lawyer?

Not every car accident requires an attorney, but their expertise can make a substantial difference in the outcome of severe collisions. Here’s why you might consider hiring one to handle your case.

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Miles Almadrones

Miles is a legal writer and content marketing specialist with a background in operations management and logistics. He has worked with small businesses, professional services, and startups in industries ranging from telemedicine to consumer products. Based in St. Petersburg, FL, Miles earned his B.A. from the University of Tampa. Learn more about him on LinkedIn.

What does a car accident lawyer do?

A car accident lawyer represents victims and at-fault drivers involved in a serious car crash, particularly those resulting in injuries, significant property damage, or complex liability issues. Here are some of their key job duties:

Advising clients on their legal rights and options
Gathering evidence to build a strong case
Determining liability and calculating a fair car accident claim
Negotiating with lien holders or the other driver's insurance company
If necessary, representing clients in court

A man talks on his cell phone next to a car with smoke coming out. For serious car accidents, consider hiring an attorney to represent you.

While they fall under the broader category of personal injury lawyers, car accident attorneys possess additional expertise in traffic laws, auto insurance company policies, and the specifics of vehicle-related accidents. Ultimately, their main goal is to protect clients’ interests and advocate for the best possible outcome following a severe accident.

Reasons to hire a car accident attorney

In many cases, the parties involved in a car accident (such as a minor fender bender) can resolve any disputes independently or through their own insurance company. However, you might want to discuss your options with a car accident attorney if you’ve experienced any of the following situations:

Accidents involving fatalities or wrongful death
Significant injuries that resulted in medical bills, rehabilitation, or long-term care
Incidents where fault is unclear or contested by the other party
Substantial damage to property that affects its value or usability
Challenges with an insurance company, such as rejected, delayed, or insufficient claims
Loss of income because the accident impacted your earning capacity or caused you to miss work

Lawyers typically represent car accident victims (i.e., the plaintiff) without prepayment and propose a contingency agreement instead. This is a set percentage of the final settlement or court award, which may range between 30% to 40%. On the other hand, the at-fault party (i.e., the defendant) usually pays an attorney’s normal hourly rate to proceed with the case.

Regardless of which side you’re on, working with a car accident attorney has numerous benefits, such as:

Legal expertise

An experienced car accident lawyer is best equipped to inform you of your rights and options within the framework of your state’s liability and motor vehicle laws.

For example, in “no-fault” states like Texas and Florida, your insurance company is legally required to cover your medical expenses and lost wages, regardless of who caused the accident. Conversely, in “comparative negligence” states like California and New York, the amount of compensation you receive depends on your percentage of fault in the accident.

These lawyers also understand the nuances of local traffic regulations, statute of limitations, and insurance laws that can affect the outcome of your case. Without their expertise and guidance, however, it’s easy to overlook important legal requirements or deadlines for your accident claim.

Case investigation

An auto accident attorney conducts a thorough investigation to build the strongest possible case on your behalf. This process typically includes the following:

Analyzing the police report for accuracy, details about the involved parties, and any citations issued
Collecting and examining photographic and physical evidence from the accident scene
Obtaining and reviewing traffic camera footage, if available
In complex cases, working with accident reconstruction experts to understand how it occurred
Gathering and verifying witness statements
Reviewing your medical records and expenses

Additionally, a car accident attorney often communicates with various parties relevant to your case. They may consult with medical professionals to understand your injuries and prognosis, the police department to gather additional information, or even witnesses to corroborate the client’s version of events.

Maximizing compensation

After reviewing the details and evidence of your case, a lawyer helps you quantify the full extent of your losses and what you deserve in return. They consider all factors, including medical expenses, lost wages, property damage, pain and suffering, and any long-term impacts on your quality of life.

Many people undervalue their claims because they don’t understand the full scope of their damages, whereas lawyers know how to quantify both economic and non-economic losses. They can benchmark your case against similar ones and argue for comparable, if not higher, settlements based on the established legal standards, often helping prevent you from settling for less than you deserve.

Negotiating on your behalf

As businesses, insurance companies are incentivized to minimize payouts to protect their bottom line. They may offer low initial settlements, dispute the extent of your injuries, or even deny your claim outright. As a result, you want to have a lawyer on your side who understands these tactics and can counter them, using their knowledge and negotiation skills to advocate for a fair settlement.

In some cases, other entities (such as medical providers or lenders) may also have liens (i.e., legal claims) on your settlement. If so, your lawyer can negotiate with them to reduce the amounts claimed and help you retain as much of it as possible. In turn, by managing the negotiation and legal processes, lawyers make it easier for you to focus on your recovery and well-being.

Legal representation

The best car accident attorneys will exhaust all options to settle your case through negotiations and mediation. However, if the other party or insurance company refuses to offer a fair settlement or disputes the claim, proceeding to court may be necessary.

At this stage, your attorney will present the case on your behalf, using the evidence gathered during the investigation, expert testimonies, and a well-structured argument to advocate for what you deserve. Altogether, they handle the entire trial process, from filing the appropriate legal documents and motions to cross-examining witnesses.

Auto accident lawyers ensure you receive fair compensation

Car accident attorneys can calculate the full amount of compensation you can lawfully recover (and deserve) after your accident. This tends to be one of the most complex parts of any accident case, as it requires a specialized understanding of the law and the long-term impacts of injuries.

Attorneys consider various factors to determine fair compensation, including the severity of injuries or property damage, long-term prognosis, and financial losses. They also factor in less obvious damages that you might not consider.

What financial compensation can I receive after a car accident?

After a car accident, you might be eligible for several types of compensation, including the following:

Current and future medical expenses
Lost wages or diminished earning capacity in the future
Property damage
Pain, suffering, emotional distress, and loss of enjoyment of life
Disability or disfigurement
Rehabilitation and in-home care costs
Home modifications to accommodate an injury
Impacts on relationships

Still, the types of damages you can claim depend on the specific circumstances of your accident and injuries, which a lawyer can help you determine.

What’s the average car accident settlement amount?

Car accident settlement amounts can vary widely depending on factors like the severity of the collision, the extent of injuries, property damage, and the state’s specific laws. Still, according to a study conducted by ISO, the average insurance claim amounts in 2022 were as follows:

Auto liability claim for bodily injury: $24,211
Property damage liability claim: $5,313
Collision claim: $5,992
Comprehensive claim: $2,738

It’s important to note that while these averages provide a general idea, every car accident case is unique. The presence of multiple vehicles, commercial vehicles, or pedestrians can substantially increase settlement amounts, whereas minor accidents with no injuries may only result in compensation for repairs.

For a more precise estimate, it’s best to consult with a car accident attorney, as they can provide advice based on the details of your collision and the applicable state laws.

Can you win a car accident lawsuit without a lawyer?

While winning a car accident lawsuit without a lawyer is possible, doing so requires extensive time, effort, and legal knowledge. In reality, however, this isn’t realistic for most people.

Car accident cases involve numerous procedures, paperwork, and rules that must be meticulously followed. Without a thorough understanding of the process, you increase the risk of procedural errors that could jeopardize your case.

A car accident lawyer is already familiar with this process and may have worked on dozens, if not hundreds, of car accident claims before yours. They understand the nuances of negotiating with insurance companies, gathering and presenting evidence, and effectively arguing your side of the case. In every respect, they’re the most qualified professional to represent you and handle complications that arise, but if you’re still on the fence, you can connect with a personal injury lawyer for a consultation.

How to find the best car accident lawyer

When you’re ready to meet with a car accident lawyer for your case, consider these tips to ensure you choose the right one for your needs:

Specialization. Look for attorneys who specialize in car accidents within your immediate area.
Results and testimonials. Check their case results and client reviews to gauge their success.
Online reviews and ratings. Research third-party reviews to get a broader perspective on their reputation and effectiveness.
Qualifications. Verify their credentials, including their education, bar admissions, and any special certifications or recognitions.
Compatibility. Ensure the lawyer has experience with cases similar to yours in terms of complexity and severity.

Next, you can begin reaching out to different car accident lawyers for an initial consultation. Here are a few options to find them:

Ask for referrals

Start by asking your inner circle, including family, friends, and colleagues, who have been in similar situations. Alternatively, if you know any lawyers who practice in other areas, they might also be able to recommend a reputable car accident or personal injury attorney.

Reach out to your local bar association

Your local or state bar association often has referral services and can provide a list of qualified attorneys who understand your area’s laws. These associations typically vet their listed attorneys, ensuring they’re in good standing and have the appropriate expertise.

Search LegalZoom’s online directory

LegalZoom offers an online directory of personal injury attorneys, including professionals specializing in car accidents. You can find information about each attorney’s experience, areas of practice, and client reviews in one convenient place, which makes it easier to vet your candidates before meeting with them.

It’s also important to remember that many car accident attorneys offer free initial consultations and work on contingency fees. So, if you meet with an attorney who shows genuine interest in your case, it’s likely because they see merit in it and believe they can achieve a favorable verdict.

FAQs

How long do I have to file a lawsuit after a car accident?

The time limit to file a lawsuit after a car accident (i.e., the statute of limitations) may range from one to six years after the date of the accident, depending on the state. You should consult an auto accident lawyer or review your state’s requirements to ensure you meet the deadline.

How much does a car accident attorney cost?

An experienced car accident attorney typically works on a contingency fee basis, meaning they only get paid if you win your case. Generally, these fees can range from 30% to 40% or more of the settlement amount.

Can I still recover compensation if I was partially at fault for the accident?

Yes, you can still be compensated even if you were partially at fault. Several states follow comparative negligence laws, which allow you to receive damages depending on your percentage of fault. For example, if you are 15% at fault, you may recover up to 85% of the damages.

What should I expect from the personal injury claim process?

The process for personal injury claims involves several steps, including filing a claim, gathering evidence, negotiating with insurance companies, and potentially going to trial. Depending on the case’s complexity, the process can take months or even years, but an experienced lawyer will handle the legal complexities throughout all of it.

Drive forward with confidence

Navigating the aftermath of a car accident can be overwhelming, but you don’t have to do it alone. The best car accident lawyer can bring the expertise and support you need to get the best possible outcome for your case. By understanding your rights and the legal process, you can make informed decisions and focus on your recovery. Reach out to a qualified personal injury attorney through LegalZoom to ensure your interests are protected and to help you get back on the road.