What Type of Lawyer Is Needed for a Car Accident?

If you get injured in a car accident caused by someone else's negligence, you may be able to sue. If you win the lawsuit, you may recover economic and non-economic damages. However, it is important to note that car accident cases are complex. For this reason, hiring an experienced attorney significantly increases your chances of winning a claim or lawsuit.

But with the availability of numerous personal injury attorneys all over the country, how do you choose the right one for you? First of all, car accident cases fall under personal injury. Therefore, you will need a personal injury attorney specializing in car accidents.

That said, the attorney might need to collaborate with other lawyers specializing in other areas of personal injury law. For instance, if the accident occurred due to a defective car part, you will need an experienced product liability attorney to work hand in hand with the car accident lawyer to obtain the facts of the case. The same applies if someone died due to an accident; a wrongful death attorney might help investigate the circumstances that led to your loved one's death. 

Why Is It Important to Hire a Law Firm With Different Personal Injury Attorneys?

The first and most important thing you need to know about car accident cases is that they can be complex depending on the circumstances that led to the accident. Keep in mind that when you file a car accident claim or lawsuit, you will likely seek compensation from the other party's insurance company. These companies can afford the best defense attorneys to defend them in court. For this reason, it is important that you acquire a powerful legal team to fight for you.

Many injury firms specializing in car accident cases frequently need to collaborate with experts from different fields. Hiring a firm specializing in car accident cases is a great idea from an accident victim's perspective, but there is more to that. As mentioned earlier, the unique circumstances of your case will determine whether you only need a car accident lawyer or more.

For example, at Morgan and Morgan, we have an army of over 800 personal injury attorneys specializing in different cases. As a result, you can rest assured that your car accident lawyer will have a lot of resources and support they need to build a strong case on your behalf. But on the other hand, if you work with an attorney who only specializes in car accidents, they might not know how to proceed in situations where they need to investigate a defective product. This could be the difference between recovering thousands of dollars as compensation or millions.

What Are Some Qualities of a Good Car Accident Lawyer?

Let's face it—not every car accident lawyer you come across online or offline can handle your case. For this reason, other than the fact that they specialize in car accident cases, you will need to consider additional factors such as:

Their level of experience. You need an attorney with years of experience handling such cases. Remember that the number of years they have been practicing does not necessarily mean they are good at what they do. Many attorneys have been in the industry for years but are incompetent.

To prove competence, you need to consider their results. For example, how many cases have they won? Competent attorneys usually have a track record of winning, which is one of the most important things to consider when looking for someone to fight for you.

Also, their resources matter. You need an attorney with powerful legal resources to fight for you throughout the case. An attorney who lacks the resources to fight will likely conduct shoddy investigations to settle the case and move on to the next. For example, we mentioned earlier that if the attorney does not know how to investigate a defective car part that contributed to the accident, they will likely not want to go down that path. Rather, they will focus on other aspects that are much easier to prove. In the end, you will win the case, but the settlement will not reflect the actual value of the case.

Next, consider their reputation. What do other clients say about the attorney? Are they impressed with their work? If the reviews are mostly positive, chances are the attorney is qualified to handle your case.

Lastly, find out whether they can fight for you in court. Although personal injury cases mostly settle out of court, it all depends on the other party's willingness to cooperate. If they refuse to cooperate, you need an attorney ready to take the case to court.

What if I Cannot Afford a Car Accident Attorney?

Do not worry if you cannot afford a car accident attorney. Most attorneys will not charge you a fee unless they win the case.

This is because your life will likely come to a standstill when you get injured in a car accident. Chances are you will have huge bills to settle and a lot of emotional and physical pain to deal with. It is even worse if you lose a loved one—you may not be in the right financial position to hire an attorney.

Note that personal injury attorneys are expensive if you pay them by the hour. Depending on the complexity of your case, the legal fees might even be higher than the case's actual value.

For this reason, most attorneys charge their clients on a contingency basis. This means that you will only pay them if they win the case. If they win, a small portion of the settlement will settle the legal costs and attorney fees. You will then keep the rest of the settlement. This system creates a win-win situation.

In What Ways Can a Car Accident Attorney Help?

An experienced attorney can help you in many ways. Below are a few examples.

The attorney can help evaluate your case to determine whether it is valid. If valid, the lawyer will let you know how to proceed with it.

A seasoned attorney can help collect crucial evidence to strengthen your case. However, this also depends on the kind of attorney or firm you hire to represent you. For best results, you should only opt for a law firm or attorney with powerful legal resources to fight for you.

The attorney will assess your damages and put a dollar value on them. Once they figure out the amount of compensation you may be entitled to, they will identify the party responsible for compensating you and then file a claim with them.

Once the claim has been filed and the other party responds, the attorney will help negotiate a reasonable settlement for you. Depending on the kind of attorney you hire, they will fight for you in court if the other party refuses to settle out of court.

It is also important to note that throughout the process, the attorney will let you know how to conduct yourself, including what you can or cannot do or say. And if the case goes to court, the lawyer will help you prepare for important court processes such as deposition, increasing your chances of obtaining favorable results.

Should I Negotiate a Settlement With the Insurance Company Without a Lawyer?

Negotiating a settlement with an insurance company without an attorney can be tempting. After all, if you win, you will pocket the entire settlement without worrying about attorney fees. That sounds like a great option but let's look at it from a different perspective.

When you get injured in a car accident, you may not know the actual value of your case. Insurance companies know that most accident victims do not know how much their cases are worth. For this reason, these companies will try to negotiate a settlement as quickly as possible to prevent the injured from realizing the benefits of hiring an attorney.

As a result, although you may be able to receive compensation for your injuries, it might not reflect the true value of your case. Remember that you cannot reopen the case once you sign the settlement agreement simply because you discovered that you were entitled to more compensation than what you accepted. You may only do so if you can prove that the other party intentionally hid important details about the accident to close the case or if they committed fraud. Either way, it will be pretty difficult to prove such allegations.

On the other hand, an experienced attorney can help maximize your claim. They will look into every detail and investigate every circumstance to maximize your claim.

Secondly, an attorney knows how to deal with the tactics insurance companies use to deny liability or share the blame. For example, in some states, the injured can only recover compensation based on their percentage of fault. So if the other party can prove that you were 90% at fault for the accident, you can only recover 10% of the settlement.

In other states, you cannot recover anything even if you are 1% responsible for the accident. An experienced attorney can help fight back because they know how the law applies to your specific situation and the common tactics the defense uses to evade justice.

When Should I Hire an Attorney?

Time is of the essence when it comes to personal injury cases. For this reason, it is important that you hire an attorney as soon as possible. The sooner you hire an attorney, the better your chances of obtaining a favorable outcome.

Earlier, we mentioned how an attorney could help investigate your claim and collect vital evidence you need to win. However, they might miss out on crucial evidence if you take too long to hire them.

But there are other things you should be concerned about. Car accident cases are time-sensitive. In most states, you have up to three years from the accident date to file a lawsuit. Therefore, if you take too long to contact an attorney, they may have very limited time to build a strong case against the other party. Similarly, if you contact them outside the statute of limitations, they will not be able to help you because they cannot sue the other party once this statute has expired.

Do I Still Need a Lawyer if the Other Driver Agrees to Settle Out of Pocket?

Accepting to exclude an attorney is usually one of the biggest mistakes many accident victims make after getting injured in a car accident. Understandably, you are generally a nice person. You feel bad about the accident and do not want to get the other driver in trouble. Instead, you want them to settle the damages, and you both move on with your lives. Unfortunately, this is usually easier said than done.

One thing you need to know is that when you file a car accident lawsuit or claim, the driver is not the target; their insurance provider is. Therefore, let's say the driver offers to pay you $5,000 out of pocket after a 'minor' accident. That amount might be more than enough to repair minor property damages. After all, you have health insurance to cover your medical expenses, right? Not really.

When you get injured in such an accident, the first thing you need to do is seek immediate medical attention. An experienced doctor will conduct several tests to determine the full extent of your injuries. We have handled cases where people get injured and settle for less than what they deserve, then end up paying the difference out of pocket.

Morgan and Morgan Car Accident Lawyers Can Help

At Morgan and Morgan, we have the resources, experience, and track record you need in a personal injury law firm. Since 1988, we have helped our clients recover over $13 billion as compensation for different injuries, including those caused by car accidents. You might be the next person to collect the compensation you are entitled to after an accident.

Not sure if you have a valid case? Contact us for a free, no-obligation case evaluation.