Should I Get a Lawyer for a Car Accident That Wasn't My Fault?

Following a car accident, you have the right to get a lawyer, especially when a car accident was the fault of the other driver. An important thing to consider is that even if the car accident wasn't your fault, that doesn't mean you will be treated fairly by the other driver's insurance company. And sadly, sometimes, even your own insurance company may try to fight you with lowball offers or arguments that your injuries are preexisting or otherwise illegitimate.

When asking the question, "should I get a lawyer for a car accident that wasn't my fault," you need to recognize that you may still have to prove that you are blameless to get full compensation. Plenty of times, car insurance companies will attempt to discredit your account of the accident, so they don't have to pay for your injuries and damages. While not every accident warrants hiring a lawyer, if you feel like the insurance companies are not playing fair, our personal injury attorneys can make sure that they do. 

And let's face it, a car accident is an upsetting thing to happen to anyone. You may be dealing with injuries and don't have the energy or emotional stamina to be on the phone arguing about your claim. You don't have to do this yourself, and we can handle all the legal matters while you rest and recover.

Seek medical care right away

Even if you don't think you've been injured after a collision, you should always seek medical care because injuries can often take a while to manifest. A concussion, whiplash, internal injury, or internal bleeding may take days to be noticeable. Only your doctor can tell you if you're okay. Furthermore, medical documentation is vital when it comes to getting the kind of compensation you deserve. Medical records that document your injuries are more helpful when it shows you went to a doctor directly after the accident.

However, let's say you decided to wait it out to see how you felt. Maybe a week goes by, and that splitting headache you've had ever since the accident isn't going away. Going to see a doctor a week after your accident doesn't mean the insurance companies can get away with not paying; it just makes it a little harder to connect your injuries to the accident in question. However, a lawyer can make this legal process much easier.

How our personal injury lawyers will help your case

When you hire Morgan & Morgan personal injury lawyers, our job is to find out what really happened, prove your case, and help you collect compensation for your medical bills, car repairs, lost wages, and any other costs you incurred because of the negligence of another driver. There is no reason why you should have to pay out-of-pocket when someone else is liable. Our lawyers work diligently to prove your case by examining police reports, speaking with any witnesses, using reconstruction experts, and discussing your medical records with your doctor. 

One thing that many people don't understand is that you don't have to settle for what the insurance companies offer if it's not covering your expenses. If need be, our lawyers will take your case to trial and represent your interests. We have an exceptional reputation for winning trial verdicts because we have the expertise to see through the shenanigans insurance companies like to pull. When we see through them, we call their bluff and leave it up to a jury to decide. Our experience tells us that since juries are made up of people just like you, they are much better at determining what pain and suffering are worth than the insurance industry. 

Many law firms like to settle for less than the case is actually worth because it's just easier. We don't have that attitude at all. We are fighters and are just as comfortable in the courtroom as we are negotiating on the phone. It's essential to choose a trial-ready attorney, and we have over 700 of them across the United States.

Proving negligence in a car accident

Negligence under the law is considered careless conduct that results in causing harm to another individual. When it comes to car accidents, a negligent driver does something they should not have that resulted in the car accident. They may have been speeding, ignoring traffic signals, or being guilty of distracted driving like texting or adjusting their GPS. Drivers can also be negligent by failing to do something they should have done, like using turn signals or yielding the legal right-of-way to another driver.

The law requires drivers to be reasonably careful, so they do not cause harm to others. This is called duty of care, and it's the first element to proving negligence in a car accident. When you're in a car accident that was not your fault, the other driver was obviously not careful, and their actions caused the second element of negligence, breaching their duty of care. Under the law, every person is expected to drive as a reasonable person would. If their actions are outside what a reasonable person would do under the same circumstances, they have breached their duty of care.

Here are some examples of what reasonable drivers do:

• Stopping at red lights
• Stopping at stop signs
• Obeying traffic signs
• Obeying the speed limit
• Driving within their lane
• Driving at a safe distance from other vehicles
• Yielding right-of-way
• Paying attention while driving

The next element to proving negligence in a car accident is that the other driver caused your injuries. In many instances, this is easy to do. Suppose the accident caused a bone fracture in your arm. In that case, it's reasonable to assume it happened at the time of impact, and you weren't driving around with a broken arm from a previous incident. It does get a little more challenging if the accident aggravated a pre-existing injury like a herniated disc. However, with an experienced attorney, you may be able to prove that the accident caused further damage, and thus, you should be compensated.

Finally, it must be proven that there are damages because of the accident. Damages are your medical bills, repair bills, lost wages, and even pain and suffering and any out-of-pocket costs like co-pays and Uber rides to doctor's appointments.

What kind of compensation should I expect from a car accident that wasn't my fault?

When it comes to car accidents, you could be eligible to receive money for both economic and noneconomic losses. Economic losses are tied to finances like medical bills and such. Non-economic losses are things like the pain you've endured or any changes to your life the accident has caused, like loss of enjoyment of life. For example, let's say you were an avid horserider before the accident, and now, due to a back injury, you won't be able to pursue your hobby any longer. Here is a list of potential financial awards you could win depending on the facts of your case:

• Lost wages
• Medical bills
• Property damage
• Physical Therapy
• Pain and suffering
• Loss of consortium
• Emotional distress
• Loss of future income
• Punitive damages
• Funeral and burial costs

What's the average settlement for a car accident?

Since every car accident is unique, there is no way to come up with an average. It ranges from person to person and depends on the severity of injuries, the state you're located in, and things like insurance policy limitations. But generally speaking, accidents that are more severe will have higher bills and, thus, higher settlement amounts. Remember, you don't have to take the first offer an insurance company extends. If it doesn't come close to compensating for your losses, something may be amiss, and one of our lawyers can help set it right.

Here are just a few examples from this year where we made a massive difference for our clients who were in car accidents:

Melody Chambers v. Summer Vinson and Joseph Vinson

Pre-trial offer, $300,000

The jury verdict, $675,000

Courtney Campbell v. EP Hauling, Inc.

Pre-trial offer, $0

Settlement, $187,500

Ashley Sweat v. EP Hauling, Inc.

Pre-trial offer, $0

Settlement, $197,500

Nancy Ariani v. Renee W. Johnson, As Personal Representative For The Estate Of Hoke S. Johnson, Jr., Deceased

Pre-trial offer, $0

The jury verdict, $320,000

Eileen Hondrellis v. USAA

Pre-trial offer, $0

Settlement, $300,000

Todd Knabb v. SafeCo

Pre-trial offer, $50,000

Settlement, $450,000

Steven Napper v. Janet Graf

Pre-trial offer, $10,000

The jury verdict, $5,272,097

Let Morgan & Morgan handle your claim

When you're asking yourself the question, "should I get a lawyer for a car accident that wasn't my fault," you're probably feeling indecisive because you're not sure if you need legal help. Our extensive experience with insurance companies tells us they will try to trick you into making statements that devalue your claim and offer lowball settlements in hopes you'll be too frustrated with the entire process and just accept whatever they offer. 

We're all about protecting our client's rights and making sure justice is served. The bedrock of our firm has been built on personal injury claims, and we've been highly successful. In fact, our successes have allowed us to grow into one of the largest law firms in the country, yet we're still a family-owned firm. 

Our story is a long one starting more than 30 years ago. We believe in empowering people to pursue justice no matter what their financial means are. That's why we don't accept fees for our services unless we win your case in court or win a favorable settlement. We're ready to take on your claim and start working for you as soon as possible, so don't hesitate to reach out for a free case evaluation today.