Key Takeaways
- Accidents happen quickly. Don’t settle as quickly.
- Contact a personal injury attorney as soon as possible after an accident.
- Choose an attorney to fight your legal battle and negotiate on a contingency basis.
- Don’t lose time or money over something that wasn’t your fault.
A single moment can have terrible and long-lasting consequences that change your life forever. After an accident, you can be in shock, terrified, and left in great pain. But even after the dust has settled, things do not just end there.
Due to the accident, you may have been injured and have huge hospital bills piling up. Alternatively, you may have lost out on work time and, consequently, wages. There is a huge possibility that you are forking out for an accident that was not your fault. That leaves questions that need answers. Do you need a personal injury attorney, and when should you hire an attorney to assist you with your claim or case?
This is a practical guide for accident victims that provides answers to some very important questions.
When Should You Contact a Personal Injury Attorney?
Contact your attorney as soon as possible after an accident occurs. Realistically, if you have suffered in any way, whether it be injury or loss, then you definitely need an attorney to assist you with your claim or case. For complex cases, you may want to hire an attorney before contacting your insurance.
Accidents happen so quickly. You could be walking in a mall with friends and slip on a wet floor with no warning signs. You could be injured while doing your job. You could be standing on the sidewalk when the accident occurs. And they are not always your own fault.
What to Do Before Calling Your Attorney
There are a few things that you need to do before you contact your attorney, though.
- Seek medical attention. Even if you are not in immediate pain, your body may be running on adrenaline, and you may have injuries that you cannot see or feel.
- Document everything if you can. Take pictures of the accident scene and the surroundings. Anything could be important for your case.
- If you’re able to, get witness statements and contact details. If there’s a witness to back up your side of the story, this can increase your chances of a successful claim. You’d need this for the police report, and your attorney may want to follow up with the witnesses as well.
Occasions When You Definitely Need an Attorney
Financial loss
Personal injury often results in financial or property loss. For instance, a car accident could mean damage to your car, or it being scrapped, which could leave you without transport. Medics may have attended to your injuries at the scene of the accident, or you may have been taken to a doctor or the hospital. Either way, this could incur medical costs.
Dealing with insurance companies
Insurance companies usually want to pay you the lowest possible amount. And many accident victims don’t realize the absolute fault in accepting that initial offer. Have all aspects been considered and accounted for? Are you going to end up paying out of pocket when you were the victim?
Your personal injury attorney will consider factors that you may not have thought about. For instance, if you have lost out on present or future earnings. Or, if you need medication or therapy for your recovery. All these things add up, and as the accident victim, you should not be covering these expenses without compensation.
Whose fault is it really?
Even when they are clearly at fault, many find it difficult to take responsibility. They might even attempt to turn the tables and blame you. This is one of the main reasons why evidence gathering is incredibly important.
Different states also have different rulings on fault. For instance, contributory or comparative negligence will show what percentage of fault each party holds. This may affect the settlement amount you are compensated in relation to how much at fault you are, based on your state.
You may be asked to prove your own innocence or prove the other party’s fault. And having a personal injury attorney on your side can only work in your favor.
Timing is essential
Remember that every claim and every case has a statute of limitations. This means that you have a limited time in which to put in a claim or file a case to claim damages. It is very important for you to get an attorney involved with enough time to prepare all the right documents for your case.
What you can claim
Assigning a value to things like medical bills, property damage or loss, and even lost wages is fairly easy. However, assigning a value to other elements is more difficult. For instance, how much value would you assign to trauma, suffering, or losing a loved one?
Complex cases
With complex cases, you may want to contact a personal injury attorney at the beginning of the process. These types of cases include accidents where multiple parties were involved, third-party claims, or injury due to a series of events. Complex cases may even involve going against large corporations or the government.
Why Hire an Attorney?
An attorney who is experienced in personal injury cases will consider cases where legal precedents were set and use persuasive arguments to fight on your behalf. For instance, if the insurance company refuses to budge on their settlement offer, your attorney can fight that battle for you.
And if you find an attorney who works on a contingency basis, then you only pay when they win. Hiring a personal injury attorney, such as a car accident injury attorney, gives you peace of mind while they handle all the stressful negotiations on your behalf.