When to Hire an Attorney to Handle Your Auto Accident Claim

You were involved in an auto accident and you’re pretty sure it wasn’t your fault.  You have some injuries to your neck and back and some lacerations to your arm.  The other party to the collision is insured and you have exchanged insurance information.  Do you need a lawyer right now?

Generally speaking, when you have a car accident and there are no (or just minor) injuries involved, you can usually settle your claim with your own insurance company without incident.  So, too, can you settle with the other driver’s insurance if the accident was his or her fault.  There are occasional problems with settling on the value of the vehicle if it is a total loss, but you can, by and large, come to terms with the insurer by compromising. And minor injury claims usually get resolved pretty quickly.  If, however, there are more than minor injuries, claims have the potential to become complicated.  Not all, but some.

So when do you need an attorney?  While the vast majority of injury claims can and are settled by the claimant and the insurance company directly, without the need for an attorney to intervene, there are some claims that should have an attorney’s attention.  Claims that are either too complex due to the facts of the accident, or where there are questions regarding fault for the collision, or the injuries are severe or numerous, require an experienced pair of eyes. In addition, if there is a difference of opinion between you and the insurer on the value of your claim, you would be wise to consult with a personal injury attorney as soon as possible. Some of these issues exist from the beginning, and others arise as the claim progresses.  Be open to hiring an attorney even if you’re well into the process if matters are getting a bit sticky.

Facts of the Accident
Often times, especially when there were no independent witnesses, it is unclear exactly what happened in an accident.  Who blew the stop sign? Which car entered the intersection first? How fast was the car going?  These and other factual questions might be difficult to answer until a full investigation is conducted and possibly an accident reconstructionist is hired. Until you know the facts, it is difficult to determine who was at fault.  An attorney can take the lead on this and get to the bottom of what occurred.

Liability
Even when you know the facts, there could be issues regarding who was at fault that only an attorney’s investigation and discovery can uncover.  Attorneys ask questions of the parties in written form (interrogatories) and by oral deposition (sworn testimony under oath) to determine who caused the accident and how.

Injuries
Injuries are often straightforward.  A broken bone can be treated and a short course of physical therapy will restore strength.  A cut will heal.  A bruise will go away.  But there are injuries that are more difficult to diagnose, treat and heal.  Some cuts are large and require stitches and will leave a scar, possibly requiring plastic surgery.  Some bruises lead to blood clots.  Some broken bones require surgery and the insertion of pins, and months of rehabilitation.  And there are serious injuries for which massive amounts of documentation must be gathered. For more complicated or serious injuries, you would be best served by hiring an attorney who is well-versed in personal injury cases; someone who knows what information is necessary to provide to the insurance company and what questions to ask the doctor regarding your condition, treatment, diagnosis and prognosis for recovery.

Claim Evaluation
Insurance companies are required to pay out a fair settlement to an injured claimant, but there is plenty of room for interpretation on what is fair.  An attorney can skillfully evaluate your claim based on his or her experience with similar cases and a review of jury verdicts and past settlements.  He or she will present a demand for settlement to the insurance company supported by all the necessary information and documentation to back up the amount he or she is requesting.  Your attorney will also be adept at negotiating so there is a better chance of settlement than if there was no attorney involved.

Often claimants start out handling their own claims and then turn to an attorney when they run into a roadblock.  Staying open to that possibility should the claims process turn out to be more than you can (or should) handle, is a wise approach to getting your claim resolved quickly and to your ultimate satisfaction.