The moment a car accident happens, a million thoughts can race through your mind. You're shaken, perhaps injured, and instantly worried about your vehicle, your health, and the financial fallout. In the aftermath of a crash, one of the most pressing questions you'll face is whether to hire a lawyer. While a minor car accident might not seem to warrant legal help, the truth is that you should get a personal injury lawyer after a car accident as soon as you are able.
Deciding when to get legal representation can be a complex choice, but understanding the key signs that your case needs a professional is essential to protecting your rights and securing fair compensation. Marks Law Group will walk you through the factors to consider when making this decision, from the immediate aftermath of the crash to the long-term legal process.
The Immediate Aftermath: The First 24 Hours
After an auto accident, your first priority should always be safety. Move to a safe location, check yourself and others for injuries, and call 911. You must also call the police, even if the property damage seems minimal. The resulting police report is a crucial piece of evidence that documents the facts of the accident, including who was involved and the conditions at the scene.
Once you’ve ensured your safety and contacted the authorities, you should do a few key things at the scene:
- Document everything. Use your phone to take photos and videos of the vehicles, the scene, and any visible injuries.
- Exchange information. Get the other driver’s name, contact information, driver’s license number, and insurance policy details.
- Gather witness statements. If there are any witnesses, get their names and phone numbers. Their perspective can be vital in cases of unclear liability.
Even at this early stage, you're gathering evidence for a potential personal injury claim. While you don't need a lawyer at the scene, the actions you take here can significantly impact the outcome of your case later.
Related: Learn more about important statistics and car accident safety facts.
The Insurance Company: A Complex System
In the days following the accident, you will likely be contacted by an insurance representative or an insurance adjuster from the at-fault driver's auto insurance company. Their primary goal is to close the insurance claims as quickly and cheaply as possible. This is where the landscape can get tricky.
They may sound friendly and helpful, but be cautious. Any statement you make can be used against you. An insurance agent might try to get you to accept a quick, lowball offer for your settlement. This offer will not account for your full medical expenses, future medical costs, or any pain and suffering you've endured. A seasoned personal injury attorney understands these tactics and can handle communication with insurance companies on your behalf, ensuring you do not jeopardize your right to full compensation.
The complexity of insurance policies also comes into play. You need to understand your own insurance policy—specifically, what kind of uninsured motorist coverage or no-fault PIP benefits you may have. Navigating these details can be a significant headache, and an accident lawyer can do it for you.
The Tipping Points: When to Call a Car Accident Lawyer
While you may be able to handle a fender bender with no injuries on your own, there are several scenarios where hiring a personal injury attorney is not just a good idea, it's a necessity.
Severe Injuries
If you or a loved one suffered severe injuries that required a visit to the emergency room or a follow-up with a primary care doctor, it is time to call a lawyer. The costs associated with your medical treatment can add up quickly. A lawyer can help you track these costs and seek compensation for past, present, and future medical care, as well as lost wages. This is especially true if your injuries are serious enough to result in long-term or permanent disabilities. An experienced car accident lawyer knows how to work with medical professionals to project future costs and ensure you are compensated fairly.
Unclear Liability
In a clear-cut case, such as being rear-ended at a red light, the fault driver is obvious. However, many accidents are not so simple. If the other driver is disputing who was at fault, or if there were multiple vehicles involved, the issue of unclear liability can turn into a legal battle. A skilled personal injury lawyer will conduct a thorough investigation, including a review of the police report, accident reports, and witness statements, to build a strong case for you. They have the resources to hire investigators and, if necessary, to cross-examine witnesses to establish fault.
Don't wait! Contact Marks Law Group for a free consultation today.
Insurance Company Disputes
As mentioned earlier, the at-fault driver’s insurance company may not offer a fair settlement. They may deny your claim outright or try to argue that your injuries were pre-existing. This is a common tactic to avoid paying for your medical bills. An experienced personal injury attorney will not only negotiate on your behalf but also be ready to take legal action by filing a lawsuit if the insurance company refuses to offer fair compensation. The knowledge that a lawsuit is on the table often forces the insurer to re-evaluate their position.
Special Circumstances
Certain types of accidents inherently require the experience of a personal injury attorney.
- Hit-and-Run Collision: If the at-fault driver fled the scene, a wreck attorney can help you navigate the complexities of filing a claim under your own uninsured motorist coverage.
- Accidents Involving Commercial Vehicles: Collisions with trucking companies or other commercial vehicles are significantly more complicated due to federal regulations, larger insurance policy limits, and the presence of corporate defense teams.
- Wrongful Death: If an accident resulted in a fatality, the legal process is complex and requires specialized legal representation.
- Independent Medical Exam (IME): If the insurance company requires you to attend an independent medical exam, you should have a lawyer. These exams are often conducted by doctors hired by the insurance company who are not on your side and are paid to downplay the severity of your injuries.
The Legal Process: Understanding the Timelines
One of the most critical reasons to consult an accident lawyer is the statute of limitations. Every state has a strict legal time limit for filing a personal injury claim. In Illinois, for instance, you generally have two years from the date of the accident to file a lawsuit. If you miss this deadline, you lose your right to sue forever. An attorney ensures that a notice of injury is filed and that all legal documents are submitted on time.
An attorney will also handle the legal process, including the preservation of evidence, which is crucial for building a strong case. They can also represent you during an examination under oath, a formal proceeding where the other party’s lawyer asks you questions under oath.
While most personal injury claims are resolved through a fair settlement or other avenues for compensation, your attorney will also be prepared for the possibility of a trial. They will have the experience to litigate on your behalf, with the ultimate goal of securing a positive trial verdict if the case goes to court.
Learn More: Check out the details on what to do after a car accident.
The Value of a Personal Injury Lawyer
Hiring a lawyer might seem like an extra step, but in the long run, it can save you an immense amount of time, money, and stress. The vast majority of personal injury lawyers and law firms work on a contingency fee basis, which means they don't get paid unless they win your case. This aligns their interests with yours and removes the financial burden of upfront legal fees.
Our skilled personal injury lawyers at Marks Law Group take on the burden of dealing with legal issues so you can focus on your recovery. They navigate the complexities of the legal system, handle all communication, and fight to ensure you receive the compensation you deserve for your injuries and losses. The goal is to obtain fair compensation, not just for current medical bills but also for lost income, pain and suffering, and the long-term impact on your life.
If you are an injury victim from a car accident, your primary focus should be on getting well. Let a professional handle the rest. Call Marks Law Group at (678) 251-9309 now.