Do You Really Need An Attorney For Your Accident Claim?

The last thing you’re probably thinking about is legal representation immediately after a car accident. You’re more concerned about vehicle damage and your potential injuries. Once you can start thinking a little more clearly, the thought of hiring a lawyer still isn’t popping up. 

When you finally do think about hiring an attorney, the potential financial costs can have you thinking twice. However, you may not be aware of the surprising benefits of hiring an accident attorney. Yes, these benefits can extend beyond having someone else work on your claim. If you’re not sure if you need a personal injury attorney, here are some reasons why it may make sense.

Legal Help Is Affordable

Did you know hiring an accident lawyer can be more affordable than you realize? Some accident victims put off retaining legal counsel over the potential financial costs. 

After an accident, you’re probably already facing mounting expenses. You may have medical bills and property repair costs. If your injuries are severe, you may even be missing out on your regular wages, and this can make it impossible to afford an attorney’s flat fees or even hourly rates.

Personal injury attorneys can use a unique fee structure for their clients. Known as contingency fees, this type of payment structure allows you to waive payment until your accident claim is successfully settled. How much an accident attorney charges in contingency fees can vary, but most are anywhere from 30% up to 50%. 

The higher contingency fee rates are generally reserved for higher-profile claims like product liability where settlements are typically in the millions of dollars. If your attorney doesn’t win your accident claim, you don’t owe the attorney for the work they put into your claim.

Understands Personal Injury Law

You may think personal injury law is pretty self-explanatory. You’re injured in an accident that’s caused by someone’s reckless or negligent actions. You file a claim for your damages with the at-fault party’s insurance company. Now, all that’s left is waiting for your settlement check to arrive.

Unfortunately, most accident claims aren’t this cut-and-dried. Personal injury law can be complex, especially when you take in the state’s insurance standards.

Filing an accident claim in Chicago can be a great example. Illinois is an at-fault state so you file a claim with the individual responsible for the accident insurance provider. However, Illinois also follows comparative negligence standards and this can complicate your claim.

Comparative negligence guidelines state that more than one individual can be responsible for causing an accident. If you’re assigned blame for the collision, it will affect your settlement amount. Your settlement is reduced by your percentage of the blame. As long as you’re not assigned more than 50% of the fault, you can file an insurance claim. Anything over 50% means you can only file a claim with your insurance provider.

Since the insurance adjuster often establishes comparative negligence, you may be assigned more than your fair share of the blame. You can file an appeal in civil court. A judge or jury will review your evidence and either reduce your percentage of fault or refer back to the insurance adjuster’s original findings. 

Filing an appeal in court usually means partnering with an accident attorney. Your attorney is familiar with the process and can help ensure you’re not assigned more fault than your actions deserve.

Gather Evidence

Yes, you don’t need help from an attorney to gather some types of evidence. Why are you gathering evidence? You need evidence to support your personal injury claim. 

You can’t simply submit a claim form to the insurance company without providing evidence. This usually includes a copy of the accident report, your medical records, and property repair/replacement estimates. Gathering up this type of evidence is pretty easy, even if you’re still recovering from your injuries.

What about other types of evidence you may need to prove your accident claim? Insurance companies can be difficult to work with. Their goal is to avoid paying out maximum claim values, even if you deserve the compensation.

Your attorney has a ton of resources at their disposal that you probably don’t have access to, which can include questioning witnesses and serving subpoenas when necessary to get their testimony. 

Attorneys can also more easily bring in experts like accident scene reconstruction specialists, and this can also be helpful if you’re filing an appeal to lower your percentage of blame. If medical experts are necessary to support your long-term care claim, an attorney can handle this.

Skilled at Negotiating

You’ll quickly learn a significant part of the claim process is spent in negotiations. Insurance companies love to negotiate, especially when claimants aren’t represented by an attorney. 

The insurance adjuster is skilled at negotiating and will try to get you to accept a lower settlement offer. Once you sign the acceptance letter, you release the insurance company of any additional liability. You can’t refile a claim for additional damages stemming from the same accident.

Accepting the settlement closes your case and it’s almost impossible to have it reopened. The primary exception is if your attorney can prove the insurance adjuster purposefully misled you for the sole purpose of paying out a smaller claim amount.

Attorneys are skilled at negotiating and are familiar with the tactics insurance adjusters commonly use. Your attorney can help ensure you receive the maximum value of your accident claim. Yes, it may take an attorney a few rounds of negotiating, but eventually, you should receive a settlement that covers your damages.

Ready for Trial

Sometimes, it’s impossible to reach an agreement with an insurance company—but this doesn’t mean giving up your claim, only it’s time to consider a lawsuit. It just means taking the insurance company to civil court and letting a judge or jury sort out your compensation amount.

Your attorney is ready to head to civil court when negotiations break down so your claim can keep moving through the legal process.

You Probably Need an Accident Attorney

Not every accident claim requires an attorney, but most do benefit from legal expertise. An accident attorney can assist in making sure your claim is fully supported by the necessary evidence, increasing the chances of a successful outcome. 

From gathering documentation to negotiating for fair compensation, an attorney can guide you through each step of the process, helping to protect your rights and ensure you receive what you're entitled to.