Once the shock of an accident wears off, you may be left with many questions and unsure what to do. Depending on the type of accident and how seriously you were injured, you may be able to recover fair compensation on your own from the party at fault. However, it’s important to recognize when it’s better to hire a car accident lawyer.
Here are common scenarios when you should speak with a lawyer instead of handling a claim yourself.
You Suffered Injuries That May Be Serious
If you were involved in a property damage-only car accident or were not badly hurt, you can probably handle your claim. If you suffered injuries that could be serious, it’s probably best to consult with a lawyer.
A serious injury can leave you with costly medical expenses, a lengthy recovery, and the potential for complications and long-term effects. Don’t assume your health insurance will cover expenses related to an accident or that you will know the full extent of your injuries immediately. Even a minor fender-bender can cause serious injuries, especially if it aggravates a pre-existing condition.
The greater the severity of your injuries, the more likely it becomes that the insurance company will undervalue your claim, especially without legal representation. It can be very easy for you to undervalue your own losses, too, especially when it comes to serious injuries.
Any statements you’ve made to the insurance adjuster can be used against you, especially if they think you are exaggerating your injuries after claiming they weren’t serious.
Once a settlement agreement is signed, it’s final. You will not be able to recover additional money later, even if you realize you weren’t fairly compensated or you experience complications.
Without legal help, you risk accepting a settlement that doesn’t cover all your expenses.
A personal injury lawyer will protect you from making mistakes that can damage your case and ensure all your damages are accounted for. Your lawyer will make sure you have reached maximum medical improvement (MMI) and negotiate with the insurance company for a fair offer.
Liability Is Not Clear, Or You Are Being Blamed
Sometimes, it’s not immediately clear who caused the accident. The insurance company has a great incentive to scrutinize your claim and find ways to minimize or deny a payout. A common tactic is arguing you were partially or fully at fault.
States handle shared fault differently. Most states use a modified or pure comparative negligence rule, which allows you to recover money if you share blame, although your share of the fault will reduce your compensation. In many states, you can only recover money if the other party is 50% or 51% to blame. A small number of states use a contributory negligence rule instead, which bars you from any recovery if you share any fault at all.
A personal injury lawyer will investigate your accident, collect evidence, and work with experts to prove liability. They will defend you against attempts to blame you and ensure liability is assigned correctly.
Your Case Is Complex
Certain types of cases are inherently complicated. For example:
- Medical malpractice cases require expert medical testimony and knowledge of medical standards.
- Product liability cases require proving a product was defective and caused your injury.
- Claims against government entities like a city or state often have shorter deadlines and special rules to follow.
- Truck accident cases usually involve serious injuries and multiple parties who may share fault. These crashes require a very thorough investigation.
- These cases demand extensive legal knowledge, experience, and resources. A lawyer who understands the complexities of your case can navigate these challenges and improve your chances of success.
The Insurance Company Won’t Make A Fair Offer
Insurance companies are businesses. Their goal is to pay out as little as possible. A common tactic is to offer a lowball settlement. They know many injury victims are overwhelmed with mounting bills, which makes accepting an initial offer very tempting.
The insurance company may also undervalue your losses or delay the process. They want you to accept less than your actual damages.
If the settlement offer doesn’t cover your costs or the insurer is uncooperative, a lawyer can intervene. They know how to negotiate effectively and won’t back down from filing a lawsuit if needed.
Your Insurance Claim Was Denied
A claim denial doesn’t mean you’re out of options. Common reasons for denial include:
- Alleging your injuries weren’t caused by the accident
- Claiming you waited too long to seek medical care
- Disputing the severity of your injuries
- Claiming your injuries were pre-existing
A lawyer can appeal the denial, gather additional evidence, and argue your case. If the insurer refuses to reconsider, your attorney can take legal action to pursue the compensation you deserve.
Not every accident requires hiring a lawyer, but knowing when to seek help is crucial. If your injuries are serious, liability is unclear, or the insurance company is giving you a hard time, having a lawyer on your side can make all the difference.
Most personal injury lawyers offer free consultations and accept cases on a contingency fee basis with no out-of-pocket legal expenses. Scheduling a consultation is a low-risk way to explore your options and ensure your rights are protected.
Ty Robinson is the main attorney at Ty Robinson Law Firm, a personal injury law firm based in Charleston, SC. With a proven track record of securing over $600 million in settlements for clients, the firm leverages more than 85 years of combined legal expertise to deliver exceptional results.
Contact the law office of Ty Robinson Law Firm if you get injured in Charleston, SC.
Ty Robinson Law Firm - Charleston
28 Broad St Suite 204-2,
Charleston, SC 29401
(843) 278-2222
