The complexities of car accident cases often require a skilled attorney with knowledge and experience to navigate the process successfully
There is no legal requirement that you hire an attorney to work on your case, but having a personal injury lawyer on your side will give you the best chance for a successful outcome for your car accident claim. After a car accident in California, it is understandable if you want to move on and put things behind you as quickly as possible. Perhaps you think accepting the auto insurance company’s settlement offer is the best way to get on with your recovery and your life. However, there are many factors to consider when faced with claim settlement and litigation, including whether or not to hire a car accident attorney.
It is undoubtedly a preference of many accident victims to have an experienced car accident attorney who can help them obtain the best outcome, but do you need an attorney in order to receive a settlement? The answer is a little more complicated than it might seem.
Accepting an Insurance Settlement
Many car accident claims end in settlement. When you are dealing with increasing debt and expenses, it can be difficult to turn down the first settlement offer the insurer makes. How much is your car accident case worth? A personal injury lawyer can help you figure out a fair amount that will be sufficient to help you recover from your injuries and property damage. Without expert legal guidance from someone who is genuinely on your side, you can end up accepting a very low offer that will not cover your accident-related expenses.
Insurance companies are for-profit companies, focused primarily on their bottom line. Their customer service skills may have you thinking that they have your best interests in mind, but don’t be fooled, that is certainly not the case. Insurers want to pay you as little as possible to settle your claim and save the insurance company money. Plus, with a team of adjusters and attorneys working for them, you can quickly feel overwhelmed and out of further options when you are representing yourself. Individuals with little or no knowledge of complex personal injury law, are no match for savvy insurance adjusters.
It is always a good idea to speak with a car accident attorney to determine what a fair settlement amount is. Your car accident attorney can also skillfully negotiate with the insurance company from a position of strength to get an increased settlement offer. From property damage and lost work to medical bills and emotional trauma, car accidents can create tremendous stress and wreak financial havoc in your life. You deserve appropriate compensation for your injuries, and a car accident attorney will fight for it, and in most cases get it.
If no acceptable settlement offer is made, you and your car accident attorney may choose to pursue litigation. A car accident attorney is crucial for settlement negotiations and mediation to help maximize your financial recovery. Successful litigation is nearly impossible without a skilled attorney’s assistance.
Car Accident Victims Often Receive More Compensation When Represented by An Attorney
An insurance industry study found that individuals who are represented by an attorney receive a settlement which is on average three (3) times greater than self-represented individuals. Even accounting for the standard contingency fee, you are likely to receive more money on a higher settlement when represented by a skilled car accident attorney.
Filing a Lawsuit
Court filings, discovery, demand letters, depositions, and trials are not part of most people’s experience, knowledge, or comfort zone. You are not legally required to obtain counsel for litigation, but it is always a much safer bet.  Filing deadlines, legal procedures, and court processes are only the beginning of the many complexities involved in litigation and lawsuits.
Contingency Fees
While many people understand hiring an attorney will make this process easier, there are often other factors making them question how to proceed.
One of the most significant deterrents to hiring a lawyer is cost. If you are asking yourself whether you can afford to hire a car accident attorney, you should know about the contingency fee. The majority of car accident attorneys and personal injury lawyers operate on a contingency fee basis, which means they are paid a percentage of the final compensation that you receive, and only after you receive it. Nothing is due upfront, and if there is no recovery, then there is no fee. There is no risk to you when hiring a car accident attorney on a contingency fee arrangement.
Finally, car accident victims are very likely to walk away with more settlement money using a skilled car accident attorney than if they represented themselves.
What Does a Car Accident Attorney Do?
After a car accident, there are reporting requirements for the insurance company, the police or California Highway Patrol, and the Department of Motor Vehicles. You should also take photos and notes of the accident scene and speak with witnesses if you are able. These things are best done immediately following an accident, but the job does not end there. If you decide to pursue a settlement or litigation on your own, there will be many more tasks to complete in preparation for negotiations and hearings.
A car accident attorney can take the majority of these important tasks off your hands so you can focus on your physical and emotional recovery from the accident. Your lawyer can:
- Gather and analyze your medical records;
- Obtain police reports;
- Take witness statements;
- Locate and obtain any video of the accident;
- Determine the true economic value of your personal injury and property damage claim;
- Write and issue a detailed demand letter to the insurance company;
- Negotiate a fair and proper settlement with the insurer;
- File all legal pleadings for a lawsuit; and
- Continue settlement discussions and attend mediation with the insurance company
A car accident attorney can use evidence and testimony to determine the appropriate amount of compensation for your injuries and property damage. Economic and non-economic damages are closely analyzed to ensure you receive a sufficient financial award. Your lawyer can expertly help you quantify the cost of your medical bills, emotional distress, property damage, lost wages, and future expenses.
There are additional legal factors, such as filing deadlines, that you also must take into consideration. Filing a lawsuit and initiating litigation must be done within a certain period of time, known as the statute of limitations. In California, you have two (2) years to sue for your accident-related injuries. Your car accident attorney will know about this and other important deadlines to ensure your case can move forward in the best way possible.
We Offer California Car Accident Victims a Free Consultation, and There Are No Attorney’s Fees Unless We Recover
At The Hassell Law Group, our legal team are experts in car accident law and personal injury law with over 100 years of combined legal experience, and experience matters. We stand up to aggressive insurance companies and have a history of obtaining award-winning results for our clients. We fight every step of the way to achieve the best possible outcome for our car accident clients. We work on a contingency fee basis, which means there is no risk in hiring our law firm.
Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our legal team looks forward to helping you obtain just and proper compensation for your personal injury claim.
Read next: What to do after a car accident that’s not your fault
The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
What to do after a car accident that’s not your fault?