Whether you were involved in a rear-end collision or a head-on crash, a car accident can cause painful injuries that incapacitate you and put you out of work. You’re likely dealing with significant medical bills, lost wages, pain, and suffering.
If you were recently in a car accident, you might be wondering whether to hire an attorney and if it’s worth it. Here, we explain why you should hire a car accident lawyer, including the benefits of having a legal advocate and whether you can afford representation.
What Can a Car Accident Lawyer Do for You?
If you hire an attorney after a car accident, they’ll be there from start to finish fighting for you and ensuring you recover a fair settlement or verdict.
A car accident lawyer will do the following:
- Investigate the cause of the collision and identify everyone who shares liability
- Gather evidence proving each element of your claim, including the full extent of your damages (economic and non-economic)
- Negotiate on your behalf, working towards the most favorable outcome in your case
- Consult experts – such as medical professionals, accident reconstructionists, and financial advisors – if necessary
- Litigate your case in court if they fail to reach a fair out-of-court settlement for you
Below, we’ll explain some of these benefits in further detail.
They’ll Advocate for You While You Recover
When you’re healing after a collision, the last thing you want to deal with is a legal battle. The insurance company or opposing party may send you a quick offer to attempt to get you to settle for an unfair amount. And you may be tempted to accept the offer if you’re dealing with medical bills, lost wages, and pain and suffering.
It’s always your decision whether to accept a settlement offer, but your attorney can explain whether it fairly compensates you for your losses. Car accident lawyers know how to value damages and identify when insurance adjusters are lowballing accident victims. While you focus on recovering, allow an attorney to ensure that you accept a fair settlement.
They Have the Knowledge and Resources To Level the Playing Field and Protect You
Insurance companies have a team of professionals on their side trying to fight claims, including adjusters, attorneys, investigators, and assessors. They use different strategies to undervalue or deny claims – and they’ll push back at every opportunity to try to pay you as little as possible.
For example, the insurance adjuster may shift blame to you for causing the car accident. States like Florida, California, and New York implement a pure comparative negligence standard, which reduces an accident victim’s awarded compensation by their percentage of fault. This rule applies as long as you aren’t entirely responsible for causing the accident.
Other states use a modified comparative negligence approach, which bars an accident victim from recovery if they reach a certain level (50% or 51%) of fault. The most restrictive states follow a contributory negligence rule that bars you from recovery if you share even 1% of the blame.
Insurance companies use these rules and other tactics to undervalue and deny claims every day. Attorneys are familiar with these strategies and know how to fight back. They can protect you from unfair or unsubstantiated claims that you share fault for causing the accident or your injuries.
Additionally, experienced car accident lawyers know personal injury laws inside and out and have access to resources, such as leading experts, that will prove the elements of your claim.
There Are No Upfront Fees To Hire Most Car Accident Attorneys
One of the main things that prevent many car accident victims from retaining legal representation is the thought that they can’t afford it. However, most personal injury lawyers offer a free initial consultation to listen to what happened, explain your legal options, and determine if you have a viable claim.
Additionally, most car accident attorneys work under a contingency fee agreement. Under this arrangement, you owe no upfront fees. The attorney will only get paid if they receive a successful result for you by way of a settlement or verdict. Their attorney’s fees – typically between 33 and 40% – will depend on the complexity of your case and whether it goes to trial.
Most car accident victims recover more compensation in a personal injury case if they have attorney representation than if they handle their claim alone. So even though you may owe fees at the end of your case, you will likely take home more than if you handle the claim by yourself.
You can meet with an attorney (or multiple) after a car accident to evaluate whether it’s in your best interest to retain representation. If you decide to move forward, you won’t owe anything until the successful resolution of your case.
Bill Winters is the co-founding attorney at Winters & Yonker, P.A. a premier personal injury law firm in Tampa Bay. Since 2001, he has recovered millions of dollars in settlements and verdicts for clients across Florida. Contact our law office in Tampa to schedule a free consultation today.
