Do You Need to Hire An Attorney After You’ve Been Involved in a Motor Vehicle Accident?

Like many people who have been involved in a motor vehicle accident, you may be wondering how long you should wait to contact a personal injury attorney. There are many reasons why people tend to put off contacting a lawyer to handle their auto accident claim. Some people think that the sooner they contact an attorney, the higher their legal fees will be or that they must complete their medical treatment to be able to recover compensation for their medical bills. In reality, it’s always best to retain the services of an accident injury lawyer and take legal action as soon as possible.

Here, we’ll explain why.

When Should I Get a Lawyer Involved in a Car Crash Claim?

An automobile collision can instantly change a person’s life. Whether you sustained minor injuries in a rear-end collision or severe injuries in a head-on crash, you must obtain legal representation to level the playing field. If you decide to go through this legal process alone, you will be up against insurance adjusters who are trained negotiators. Insurance adjusters will do whatever they can to prevent you from receiving the settlement you deserve.

If you sustained catastrophic injuries, you may be facing several months or even years of ongoing medical treatment. During this time, you may also be unable to return to work. As you recover, you may have a difficult time making ends meet, as the medical bills continue to pile up. Because of this, you must take legal action as soon as possible and contact an experienced auto accident attorney to protect your rights to compensation.

No Fees Until the Time of Settlement

Whether you retain legal representation at the beginning of your claim or later on once you’ve realized an insurance company won’t pay you the settlement you deserve, it will not affect your legal fees. A personal injury attorney usually does not charge an hourly fee. Typically, they will employ a contingent fee arrangement with a client. This means the attorney will take a percentage of any compensation obtained. Basically, your accident lawyer will not be compensated until you are.

An Auto Accident Lawyer Will Fight for the Insurance Settlement You Deserve

An experienced auto accident attorney will pursue adequate compensation for your past and future medical treatment. While it’s true that you should wait for certain assessments concerning your injuries, prior to filing a lawsuit or settling with an insurance company, you don’t have to finish all medical treatment first. The law allows an automobile crash victim to recover compensation for future medical costs and an accident victim lawyer will help you determine what those costs may be. Additionally, a lawyer will help you collect your medical records for all accident-related treatments, as you continue to recover from the injuries you sustained.

A Personal Injury Lawyer Advocates for Accident Victims

After a bad car crash, hiring an attorney as early in the claims process as possible will protect your rights and can prevent the insurance provider from taking advantage of you. Many accident victims are surprised to learn that what they say and do after an auto accident can have an impact on their ability to recover financial compensation. For example, any statements you give to an insurance representative that implies that you were partially at fault for the accident, that your vehicle sustained only minor damage or anything you post on your social media accounts, such as pictures of you participating in physical activities, can be used as evidence that your injuries are not as serious as you claim they are. When you hire an experienced car accident attorney, you’re leveling the playing field. Your legal representative will communicate with the insurance adjuster on your behalf and will discuss with you how your actions can impact your legal rights.

Scheduling a Consultation After Your Accident

Speaking with a personal injury attorney after an auto crash can give you a clear idea of what your legal rights and options are. You don’t want to put off contacting an attorney until the auto insurance company tries to deny your claim. Hiring legal counsel at the outset of your claim can give you the best chance of holding the at-fault driver responsible for the damage they have caused and for receiving the compensation you deserve, as quickly as possible.

The Benefits of Retaining a Personal Injury Lawyer Right Away

When you hire a personal injury attorney early in the claims process, you’re giving your attorney a chance to gather and analyze evidence that’s needed to prove liability. A lawyer understands the legal processes involved and can ensure that all filing deadlines are met so you can receive maximum compensation for your case.

An Experienced Car Accident Lawyer Will Protect Your Insurance Claim

An attorney knows how to handle inaccuracies found in the police report or initial accident report. They will review an accident report and take care of any inaccuracies right away.

They will also protect you from aggressive insurance adjusters. The other driver’s auto insurer will contact you shortly after the accident, with one goal in mind. They will do whatever they can to get you to say something that allows them to justify denying your claim or paying you less than what you deserve. A lawyer will ensure that the insurance adjuster does not contact you and speaks only to them.

An Attorney is Familiar with the Tactics of Insurance Companies

Even the biggest insurance carriers refuse to pay accident victims the compensation they deserve, which makes negotiating with them very challenging. In most cases, a claims adjuster will offer a quick settlement, before even knowing how severe the physical injury is or what the injury victim’s medical care needs are.

An attorney will handle settlement negotiations. Effectively negotiating with an insurance adjuster takes skill and experience. Negotiating with an insurance adjuster can be stressful, frustrating, and overwhelming. An attorney will know how to handle an aggressive insurance adjuster, when to push for adequate compensation, and when to reject a lowball settlement offer.

A personal injury lawyer can also prepare your case for trial, if necessary. If the insurance company refuses to offer a settlement that’s fair, an attorney will meet with you to discuss filing a lawsuit and will proceed with filing the paperwork, if you agree.

An Auto Accident Lawyer Often Works on a Contingency Fee Basis

One of the biggest reasons why people tend to put off hiring an attorney right after a car crash is that they’re afraid they can’t afford one. However, a personal injury lawyer usually accepts cases on a contingency fee basis. This means that an accident victim does not have to pay upfront costs. Instead, they will pay their legal fees after they have received compensation for damages.

Damages in a Car Accident Claim

An experienced lawyer can accurately value your claim and determine which damages you’re eligible to pursue. In many cases, if you sustained injuries in the accident, you will be eligible to pursue compensation for the following damages:

Pain and Suffering

One of the most significant categories of non-economic losses is pain and suffering damages. Pain and suffering damages refer to the physical and emotional pain a person has experienced as a result of their injuries.

Pain and suffering damages can include things such as:

• Physical pain
• Chronic pain
• Physical limitations
• Anxiety
• Depression

Past and Future Medical Costs

In many cases, medical expenses are the immediate concern for most accident victims. Health insurance often doesn’t cover the total cost of all accident-related injuries.

Typically, future medical expenses will be much greater than the cost of emergency care, especially if the plaintiff sustained a major injury or permanent injuries, such as a traumatic brain injury or a spinal cord injury. From regular doctor visits to physical therapy, the injured party often needs to continue seeking medical care for several months or years. To ensure you don’t settle for too little too soon, you must obtain a comprehensive diagnosis and treatment plan, which will allow an experienced car accident lawyer to accurately estimate the total cost of all long-term medical treatment for severe injuries.

Money for Wage Loss

If you missed time at work due to recovering from the injuries you sustained in the accident and/or you missed time at work due to doctor visits, you’re entitled to money for wage loss. If you’re in too much pain to return to work, you’re also entitled to compensation for your paid sick time and unpaid time missed at work. If you’re not able to work in the future, or if you must take a lower-paying job due to the severity of your injuries, you’re also entitled to fair compensation for loss of future earning capacity.

Determining loss of future earning capacity requires a clear understanding of the long-term effects of your injuries. An insurance company will not pay unless they’re convinced an accident victim is unable to work, so you’ll need an opinion from medical experts who can testify to the disabling effects of your injury and how it has impacted your daily living experiences and your ability to work.

Property Damage

If your vehicle was damaged or totaled in the automobile crash you are entitled to compensation to pay for the cost of repairs or the replacement of your vehicle. Property damage can also include any personal property that was in the vehicle or on your person at the time of the accident, such as your phone, watch, laptop, etc. Your accident injury counsel will request estimates for repairs or replacement for each item in a property damage claim.

Other Non-Economic Damages

Depending on the circumstances of your case, an experienced car accident injury attorney and other accident legal counsel can also help you pursue compensation for other types of non-economic damages, such as:

• Loss of quality of life
• Loss of consortium
• Emotional distress
• Loss of companionship

And additional losses.

How a Car Accident Attorney Can Help

During this type of legal process, an auto accident lawyer will stand by your side, every step of the way. Every personal injury claim is unique, however, the following steps concerning how an auto accident case proceeds are fairly standard.

Free Case Strategy Session

If you were involved in an auto accident and sustained injuries, we encourage you to contact the legal team at Lem Garcia Law as soon as possible to schedule a free case strategy session. There are many steps you need to take and mistakes you must avoid when you file an auto accident claim. An experienced auto accident attorney from our firm can guide you through every step of this complex legal process and ensure your legal claim and rights are protected.

Filing Paperwork

An attorney will file all of the correct paperwork and documentation on time, to avoid exceeding the statute of limitations. In the state of California, the statute of limitations is two years for personal injury cases.

Medical Evaluation

Your accident injury lawyer will want to ensure you receive proper medical attention, a diagnosis, and a medical care treatment plan from a reputable physician who specializes in traumatic injuries. Your attorney will use your medical records and other documentation provided by your treating physicians as evidence concerning the severity of your injuries and your request for compensation for past and future medical treatment costs, pain and suffering, and other damages.

Accident Investigation

While you’re receiving medical treatment and focusing on your recovery, an accident victim lawyer will conduct an investigation, gather and analyze evidence, from the accident scene, as well as obtain evidence from a number of sources. This may include the at-fault motorist’s employment records, driving records, phone records, the accident report, vehicle repair estimates, pay stubs from your employer, and more.

During an investigation, an experienced car accident attorney from our personal injury law firm will also review your insurance policy and review your coverage, including uninsured motorist coverage and underinsured motorist coverage, policy limits, as well as the at-fault driver’s insurance policy limits and coverage. An attorney will review your coverage and the other driver’s insurance coverage to determine if the other driver’s insurance coverage will allow you to receive adequate compensation for damages, or if you may need to also file a claim against your own insurance company if you have underinsured motorist coverage. .

Assemble Evidence

Once an accident injury attorney has obtained the evidence needed to prove your accident injury claim, they will assemble this evidence to present to the insurance company an irrefutable case for liability as well as a fact-based calculation of damages, so that they can achieve a favorable settlement as fast as possible.

Negotiations

Equipped with the evidence we’ve obtained during our thorough investigation, an attorney at our law office will initiate settlement negotiations with the insurance company. The settlement process can take several months, or in some cases, years. It’s a very long, frustrating, and time-consuming process that involves a lot of back and forth with the insurance adjuster. Throughout this process, we will remain in close contact with you and keep you up-to-date concerning the status of your case. If we receive a settlement offer, our attorneys will discuss the offer with you, offer our legal advice, and help you decide whether to accept the offer and move on or continue with negotiations.

Filing an Auto Accident Lawsuit

If an insurance company refuses to offer a settlement that’s fair for your auto accident claim, it may be necessary to file an automobile accident lawsuit. We will meet with you to discuss this option. If you agree, we will file all of the appropriate paperwork and prepare your case for trial. Keep in mind, that the trial will not be scheduled right away, meaning there will still be plenty of opportunities for the insurance company to offer a fair settlement. In many cases, an insurance company is more willing to offer a reasonable settlement once they have learned we have filed a personal injury lawsuit.

Even once our auto accident law firm obtains a trial date, our legal team will continue to negotiate with the insurance company for a fair accident settlement.

Trial

If it comes down to it, we will take your case to trial and present evidence to the judge and jury, and take on the insurance carriers’ teams of lawyers to fight for your right to fair compensation.

Schedule a Free No-Obligation Consultation with an Experienced Attorney at Lem Garcia Law

If you have been injured in an auto accident, now is the time to act. At Lem Garcia Law, we offer free, no-obligation case strategy sessions. At a consultation, you can meet with a personal injury attorney to discuss your accident, voice your concerns, and have all of your questions answered. Even if you decide not to hire a personal injury attorney, you will still leave our law office knowing what your legal rights and options are. If you do retain our services, we will give your case the care and personal attention it deserves. Our attorneys will protect your rights to compensation and immediately begin an investigation to build a solid case that will hold the at-fault party accountable for the harm you have suffered. Contact an accident injury attorney at Lem Garcia Law today to schedule your free case strategy session.