Is It Worth Getting An Attorney For A Car Accident? (2025)
Is it worth getting an attorney for a car accident? Quick Answer:
- If you’ve been injured in a car accident, hiring an attorney is essential. The right lawyer can maximize your chances of receiving financial compensation, and you pay nothing up front.
Summary
- An attorney can maximize your recovery when you sustain injuries.
- You likely don’t need an attorney if you only sustained property damage.
- An attorney may help you receive more money and face less stress.
Car accidents produce a wide range of outcomes. The extent of a driver’s injuries and property damage directly affects the amount of legal work required, the complexity of the legal issues, and the severity of the consequences.
So, do you need an attorney? Like the answer to many legal questions - it depends. Here is a guide to help assess the need for a personal injury lawyer and why you may wish to hire one.
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Factors Influencing Whether to Hire a Car Accident Lawyer
Several factors go into whether you will benefit from legal representation. Some of the most important include the following:
Extent of Injuries
Car accident damages are dramatically wide-ranging. A crash could end in a few dents and a bent bumper but no injuries. Unfortunately, many accidents often end with one or more people dying.
Many people handle cases without an attorney if they are not injured. Property damage claims are usually objective, and the hassle of getting a car fixed doesn’t compare to medical treatment and expenses. So, there is less at stake and these cases can end quickly.
But injuries and death raise the stakes. Serious injuries compromise an accident victim’s ability to work, enjoy activities and generally participate in life. Besides medical and therapy bills, the victim also incurs “pain and suffering” damages, which assigns a monetary value to subjective elements, like lack of enjoyment and pain.
If someone dies in a car crash, their family members lose financial and emotional support from that individual. Damage amounts in these cases often include loss of future income and “pain and suffering” as people miss their loved ones and the support they provide.
Generally, accidents cause significant expense. Even if a victim has health insurance, deductibles and copays threaten finances. In fact, medical costs are a leading cause of bankruptcies.
A lawyer can advance the strongest arguments for getting the compensation the law entitles you to recover. That assistance proves essential when you face heavy losses.
Insurance System
States use two insurance systems. The majority use a fault-based insurance system. Under this system, vehicle owners must buy liability insurance. After a crash, all drivers injured by the insured driver’s negligence may file a liability claim. The insurer pays accident victims for losses up to a preset policy limit.
A small number of states use no-fault insurance systems. Vehicle owners buy personal injury protection (PIP) coverage in these states. After a minor crash, the occupants of each vehicle file claims with the insurer for their vehicle rather than the at-fault driver’s insurer. This system is supposed to reduce insurance costs and the number of lawsuits that clog the courts.
Under a no-fault system, accident victims can only file claims against the at-fault driver if their injuries fall under that state’s definition of a “serious injury.” As a result, many claimants handle their claims without a lawyer unless they meet those conditions, and the case becomes contested.
Situations Where You May Not Need a Lawyer
A lawyer is often helpful after a car accident, but you don’t always need one. For example, you may not need to hire a lawyer if:
- There were no injuries
- The only injuries were very minor
- There was little or no property damage
If you aren’t sure whether you need a lawyer, it’s generally best to err on the side of caution. Most car accident lawyers offer free consultations.
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When to Hire an Attorney After a Car Accident
Unless you’ve been in a very minor accident, it’s usually wise to seek guidance from a lawyer. Here are some situations when hiring a lawyer may be wise:
- You have significant medical bills
- You have lost or will lose significant income from being unable to work
- Your insurance company is offering a lowball settlement
- You suspect a mechanical defect caused the crash
- The other driver was breaking traffic laws or being negligent
It can be especially important to hire a lawyer if the at-fault driver was acting negligently. Some negligence examples include texting while driving, driving drunk, speeding and otherwise disregarding the safety of other drivers.
Reasons to Get a Lawyer After a Car Accident
Lawyers perform several tasks while handling your claim, including:
- Collecting evidence, including camera footage, accident reports and witness contact information
- Assessing case value
- Negotiating with insurance adjusters and opposing counsel
- Taking cases to arbitration or trial
Sometimes, the best reason to hire an attorney is you don’t want to deal with the paperwork and steps needed to receive accident compensation. But there are also concrete ways an attorney can help you obtain a fair settlement.
Experience
You may only experience one or two accidents in your lifetime if you’re lucky. However, a personal injury attorney handles these matters daily, giving them substantial experience.
That experience places them in a better position to assess the strength and value of your case. They can determine your chances of winning and the amount you will likely win. You can make informed decisions regarding whether you received a fair settlement offer from the insurance company. It's important to act promptly when considering if you need a lawyer or not, as waiting too long could limit your options for pursuing a case effectively.
Negotiating Skills
When the insurer accepts your claim, it will offer a settlement. This number will likely undervalue your case. Even severe injuries, like head trauma or spinal fractures, start with a lowball offer.
Your lawyer will negotiate with the insurer to get a better settlement based on the losses you suffered. While they perform this heavy lifting, you can focus on recovery and feeling better.
Insurance companies may also attempt to demoralize a claimant by discrediting their pain or disability status, requesting excessive documents and even failing to communicate in a timely manner. An attorney and their advocacy skills keep your claim on the surface instead of getting it buried in a black hole.
Legal and Procedural Knowledge
You may need to file a lawsuit if your lawyer cannot negotiate a settlement. Litigation experience helps a lawyer avoid any procedural mistakes when filing documents in court. It also guides the lawyer in preparing a legal strategy to present the evidence and arguments that give you the best chance of winning.
Litigation often surfaces complex issues, too. Multiple liable parties may be involved, and accident fault may be disputed. An attorney has the skills necessary to cut through this information and pursue the best result for you.
How a Lawyer Can Maximize Your Compensation
Securing compensation is about ensuring you have the funds you need to heal after a collision. A skilled car accident lawyer can help you maximize compensation in a number of ways, including:
- Gathering copious evidence through researching your accident
- Building a strong case against the at-fault driver
- Taking the case to court if the insurer won’t offer a fair settlement
- Accurately calculating your damages
You might hear stories about people who have obtained car accident settlements on their own without getting a lawyer. However, the truth is that these people likely would have recovered more compensation had they retained an attorney.
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Contact ConsumerShield to Learn About Hiring a Lawyer
ConsumerShield is dedicated to helping accident victims. We provide educational resources so you understand as much as possible about the strength and value of your potential claim as you go through the process. We also connect you with an experienced lawyer to provide legal advice and representation.
Fill out our contact form for a free case evaluation and to learn how we can help you after your car accident.
What Does It Cost to Hire a Car Accident Lawyer?
It almost always costs nothing upfront to hire a car accident lawyer. Car accident lawyer fees are usually a certain percentage of any money recovered for you. The amount you pay is called a contingency fee, and it’s typically about 33% to 40% of the total recovered amount. If the lawyer doesn’t win your case, you pay nothing.
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Frequently Asked Questions
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If “minor” means property damage only, you can consider handling your claim without a lawyer. The legal issues are less complicated, and the consequences of losing are less severe. However, if “minor” means minor injuries, you should still consider talking to an attorney to ensure a fair payout.
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It is usually better to have a lawyer. Insurance companies have a financial incentive to avoid paying you. As a result, they will delay and deny your claims until you quit out of frustration. A lawyer knows these tactics and can counter them.
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Lawyers wear many hats, including:
- Legal advisor and counselor
- Representative with insurers, at-fault drivers, and insurance defense lawyers
- Negotiator against claim adjusters
- Advocate in court for your rights
A lawyer cannot guarantee a win. But their hard work will put your claim in the best condition possible.