Dealing with the aftermath of a accident can be overwhelming and incredibly stressful. You need to fix your car, get injuries checked out, and file a claim with your insurance or the other driver's insurance — probably all at the same time.
When to Hire a Car Accident Lawyer After an Accident
During this process, you're probably wondering: do I need an auto accident attorney to represent my claim? Negotiating and settling a claim can be complex and all too often the insurance company has the upper hand in negotiations. Read on to find out when it's best to handle a claim yourself and when it's time to hire an experienced attorney.
When should I NOT hire a lawyer?
Despite what law firm advertising would have you believe, not all car accidents require the assistance of an attorney. There are clear cases where it is faster and easier to deal directly with the insurance company and receive fair compensation.
You probably don't need a lawyer if:
- The other driver was completely at fault and admits it
- There are no injuries
- There is only minor damage to the car/property
- You feel confident enough to negotiate your own settlement
In simple cases, the amount of settlement offered by your insurance company (or the driver's other insurance company) is sufficient to cover minor damage or injury. At this point, it may be more expensive to hire a lawyer and pay attorney fees than to handle the claim yourself.
When do I need a car accident lawyer?
There are times when hiring an auto accident attorney is in your best interest. Seek legal advice if you find yourself in any of the following situations.
- You have major injuries. Hire a lawyer to represent you if you are seriously injured and incur significant medical costs after an accident. Insurance companies are experts in negotiating the thousands of injury claims they see each year, but you're not. A qualified attorney with experience in personal injury claims will negotiate with the insurance company on your behalf to ensure the claim is assessed correctly. A lawyer will make sure you get fair compensation to cover your medical expenses and treatment costs.
- The fault is not settled. Ohio law follows a contributory negligence rule, which means both drivers in a car accident can share fault for a car accident depending on the circumstances. If you are partially at fault in an accident, the amount of compensation you are entitled to receive is based on the percentage of your liability. Hire a lawyer if you are involved in an accident where fault is unclear, the other driver tries to blame you more, or the other driver tries to blame you completely for the accident. A lawyer will plead on your behalf to ensure that you are judged fairly in cases of uncertain wrongdoing.
- You are rejected by the insurance company. Insurance companies can and do deny bodily injury claims. If your claim has been denied or you've been offered too low a settlement and the insurance company refuses to negotiate further, it's time to seek professional help.
- You do not feel confident to handle your complaint. The objective of the insurance company is always in direct contradiction to your objective when settling a claim: you try to maximize the amount of your compensation while the insurance company tries to pay as little as possible. And the insurance company has the advantage here – they know the laws and regulations that dictate claims and they are experts in managing the entire claims process. If you don't feel comfortable negotiating on your behalf, hire an experienced attorney to represent you.
After a car accident, you may not know whether or not you need a lawyer. Many law firms offer free consultations, where they hear the facts of the accident and tell you whether or not they believe you have a viable case. If you don't know what to do, ask a few companies for a consultation before making your decision.
BEST treats injuries caused by car accidents
If you're injured in a car accident, trust BEST Surgery and Therapies in Cincinnati, OH to help you get back on your feet. We provide the highest quality orthopedic and spine care using pain management, conservative therapies, individual physiotherapy and minimally invasive orthopedics and spine surgeries.
We have a rapid response planning service that gives patients quick access to our modern healthcare facility, where we provide same-day surgical care, urgent injury assessment, and diagnostic and preventative measures. Please call us at 513-480-8434 to speak with a dedicated Patient Experience Coordinator and schedule your first appointment.
