When to Get an Attorney for a Car Accident

By Patrick Nolen on February 15, 2024

When a car crash happens, the aftermath can be as overwhelming and intimidating as the accident. Undergoing medical treatment, dealing with insurance companies, and worrying about the copious amounts of paperwork can add to the trauma of the event.

Fortunately, you do not have to do everything on your own. You can hire an attorney to assist with the legal side of things while focusing on healing and getting back to everyday life.

“But when is the right time to get an attorney, and do I even need one, or can I handle everything myself?” Like thousands of other people who have just been in an accident, you might wonder. When deciding whether or not you should hire a car accident attorney after a car accident, this guide will provide you with an understanding of the situations that warrant legal counsel and the advantages of having an attorney.

You or Someone Else Suffered a Serious Injury

Suppose you or someone else in the accident has suffered severe or life-threatening injuries. In that case, get the assistance of an attorney, especially if the injury will require ongoing medical treatment and is likely to result in disabilities. This is because insurance companies will often try to minimize the severity of the injury or claim that there is no coverage available to avoid paying large amounts of money. With an attorney, you can pressure the insurance company to pay what you are entitled to and fight for the full amount you deserve.

Your Injury Caused You to Miss Work or Diminished Your Earning Capacity

If your injuries prevent you from working, you may be entitled to damages for lost earnings or diminished earning capacity. This can be hard to prove, and the insurance company will likely argue that those damages aren’t quantifiable or that you do not have coverage for lost income. An attorney can aid in gathering the necessary evidence to support your claim, including previous pay stubs, and ensure that you receive adequate compensation for the loss of income.

You Do Not Have Sufficient Evidence to Prove the Other Party’s Fault

If you do not have sufficient evidence to prove that the other party was at fault for the accident, which is often the case when there were no witnesses and/or the police did not arrive at the scene, this doesn’t necessarily mean you should give up your case. An experienced attorney can employ various strategies to establish and build a strong case, demonstrating the other party’s fault.

The Driver Who Caused the Crash Cannot Be Identified.

If the driver who caused the accident left the scene or remains unidentified, it can be challenging to recover damages for your injuries. Even if you have uninsured motorist coverage, your insurance company may hesitate to accept and pay out your claim. An attorney can assist in the recovery of damages from the state’s uninsured motorist fund when appropriate. However, this process is complex and requires legal experience.

Note: Many states, including Tennessee, do not require drivers to purchase uninsured motorist (UM) coverage. However, under Tennessee law, all automobile insurance carriers must offer UM coverage to their policyholders (Tenn. Code Ann. § 56-7-1201).

You Are Having Difficulties with the Insurance Company

One of the most common reasons people hire an attorney after a car crash is because they start experiencing difficulties with the insurance company. Insurance companies are notorious for trying to pay out as little money as possible, even if it means denying legitimate claims. After all, insurance companies are profit-driven businesses, and devaluing or denying claims is their way of increasing their profits. If you feel like the insurance company is not treating you fairly or that negotiations with the insurer have reached a dead end, it’s time to hire an attorney. An experienced car accident attorney can guide you through the claims process and negotiate with the insurance company on your behalf.

You Do Not Agree with the Police Officer’s Assessment in the Police Report

The police report is a critical document in any car accident case. It contains the officers’ assessment of what happened, who was involved when the accident occurred, and who was at fault. However, the police report is not always accurate, and you may disagree with the officer’s assessment of the situation. If you believe the police report is incorrect, engaging an attorney to challenge the report and present evidence supporting your version of events is crucial.

There Are Disputes Regarding the Fault

Determining who was at fault in a car accident is not always easy and may require an in-depth investigation. Multiple factors are often at play, and an attorney can assist in gaining a clearer understanding of who should be held accountable for what happened. If the accident was not your fault, do not let the other party or the insurance company blame you.

You Do Not Understand What Damages You Are Eligible to Collect

Accident victims may be entitled to compensation for various damages; this includes medical costs, expenses for repairing or replacing damaged property (such as a car), and the loss of income, to name a few.

Note: In personal injury law, the term “damages” refers to determining the amount of money to award the injured victim.

However, what damages you can collect if you file a compensation claim is unclear. An attorney can guide you in understanding your rights and precisely and comprehensively assess your damages. With an attorney, you can have peace of mind knowing you won’t settle for less than you deserve.

For a free legal consultation, call 877-562-0000

Ways a Car Accident Attorney Can Help

After an event as stressful and disruptive as a car accident, the last thing you want to worry about is the legal side of things. However, suppose you do not hire an attorney for legal heavy lifting. In that case, you must devote considerable time and energy to handling the insurance claims process and pursuing compensation, which may come at the expense of your health and recovery. Here are some ways an attorney can support you if you were involved in an accident:

• Professional case evaluation. When you start working with an attorney, they will evaluate the strengths and weaknesses of your case to advise you on your legal options. They can review the facts of what happened, the damages, and the liability. This way, they can determine if you have a viable case that will hold up in court.
• Evidence gathering. Your attorney will also assist in gathering all the necessary evidence to strengthen your case. They can collect police reports, witness statements, surveillance camera footage, and medical records to build a strong argument on your behalf.
• Legal guidance throughout the entire process. An attorney will guide you through the legal process from start to finish and provide practical advice every step of the way. They can guide you in understanding the laws and regulations that apply to your case. One such law is the statute of limitations, which limits the time you have to file a lawsuit. This time frame varies from one state to another. In Tennessee and Alabama, for example, injured victims have one year and two years, respectively, from the date of the injury to bring legal action (Tenn. Code § 28-3-104 and Ala. Code § 6-2-38).
• Skillful negotiations with the insurance company. Insurance companies are not always fair when paying out claims and often employ dishonest tactics to make claimants accept lowball settlement offers. An attorney with good negotiation skills will handle all communications and negotiations with the insurer on your behalf to ensure you get the compensation you owe.
• Complete legal documentation. Your attorney will prepare, fill out, and file all the necessary documentation for your legal claim. They will ensure they meet all filing deadlines and follow all procedural requirements. This removes the paperwork burden from you and ensures everything will be in order.
• Accurate assessment of your claim’s value. An attorney can assess the full extent of the damages you suffered from the accident. They will guide you in calculating both past and future costs and losses, providing a more accurate estimate of your claim’s value and helping you determine the appropriate amount to demand from the insurance company.
• Strong representation in court. If an out-of-court settlement is impossible, you require an attorney to represent you. An experienced attorney can navigate the judicial system and argue your case to a judge and jury to secure the best possible result for your claim.
• Emotional support. Being involved in a car accident is always an emotionally draining experience. An empathetic and compassionate attorney can give you the emotional support you need during this difficult time. This can contribute to coping with the aftermath of the accident and restoring a sense of normalcy.

Having a car accident attorney on your side can mean a difference between securing a favorable settlement and getting nothing. Most personal injury attorneys accept cases on a contingency fee basis, which means the client does not pay anything unless the attorney wins.

Documents to Prepare for Your First Meeting with a Car Accident Attorney

When preparing for your first meeting with an attorney after an accident, here are some of the key documents you should collect and bring to the meeting:

• Police report. Ensure you have a copy of the police report prepared by the law enforcement at the scene. The report contains valuable information, such as the date, time, and location of the accident, as well as the name and contact information of the responding officer and statements from the parties involved. The report may also include the officer’s assessment of who was at fault.
• Tickets/citations related to the accident (if any). If you received a traffic ticket or citation at the accident scene, bring it along with the police report. It can help your attorney understand the circumstances that led to the accident and, if necessary, guide you to understand if you can fight the ticket or citation.
• Information was exchanged at the accident scene. If you have exchanged information with the other driver or have their details, bring them to your attorney. This information usually includes their name, contact details, license plate number, and insurance information.
• Contact information and statements of the witnesses. If anyone saw how your car accident occurred and you wrote down their contact information, including their names and phone numbers, share this information with your cat accident lawyer. Witness statements are some of the most critical evidence in a car accident case.
• A copy of your insurance policy. Your insurance policy is crucial in your case, especially if you seek coverage through your insurer. Ensure you have a copy of your insurance policy and bring it to the meeting. This document will show the scope of your coverage, including policy limits and exclusions.
• Photos and videos were taken at the scene. Photographs or videos of the accident scene can be the most compelling evidence in your case, so bring copies of those documents and the device used to capture them to your initial meeting with the attorney.
• Medical records and bills. Medical records and bills are essential documents that will help your attorney understand the extent of your injuries and medical treatments received and assess the value of your case to negotiate the highest settlement payout possible.

Ernest Cory, Car Accident Lawyer

Ensure you bring copies of those documents and the device to capture them to your initial meeting with the attorney. If you are ready to discuss your situation with someone knowledgeable about the laws and regulations governing car accidents in your state, schedule a consultation with a local personal injury lawyer near you. This proactive step can contribute to your understanding of legal options and planning a strategic approach to your case.

Call or text 877-562-0000 or complete a Free Case Evaluation form