Is It Worth Getting an Attorney for a Car Accident?
Hiring a car accident attorney might seem like a big step, but in many cases, it’s a decision that can protect your rights and secure the compensation you deserve.
Whether you’re facing mounting medical bills, lost wages, or an uncooperative insurance company, an experienced attorney can help level the playing field.
But is it always necessary? While some minor cases may not require legal assistance, there are several situations where an attorney is essential.
Let’s explore when and why hiring a lawyer can make a big impact on your claim.
When Should You Get an Attorney for a Car Accident?
It’s always a good idea to consult an attorney early in the process, but certain circumstances make legal representation absolutely crucial.
1. Significant Injuries
It’s almost inevitable to get injured in a car accident. Even minor collisions can leave you with injuries that disrupt your daily life. Some of the most common injuries include:
- Whiplash
- Soft tissue injuries
- Cuts and bruises
- Broken bones
- Concussions
- Spinal injuries
- Internal bleeding
However, some accidents lead to severe injuries like broken bones, head trauma, or spinal cord damage. These injuries often require extensive medical treatment, long-term care, or rehabilitation.
Medical bills can quickly pile up, and insurance might not cover all the expenses. This can leave you with significant financial stress.
However, you can’t always sue the at-fault driver for additional compensation, and some conditions have to be met first. For example, in Massachusetts, you can only file a lawsuit if:
- Your medical expenses exceed $2,000, or
- The accident caused permanent disfigurement, loss of bodily function, or a long-term disability.
In such cases, an expert Boston car accident attorney can guide you through this process. They’ll evaluate your case, determine if you meet the legal thresholds, and help you pursue the compensation you deserve.
With an experienced lawyer by your side, you can focus on recovering while they handle the legal complexities.
2. Disputed Liability
Who is responsible for a car accident depends on whether you’re in a fault state or a no-fault state.
In fault states like Texas, California, Illinois, Virginia, and Arizona, the driver who caused the accident is responsible for covering damages. Their insurance pays for medical bills, property damage, and other losses.
If fault is disputed, proving who caused the accident is essential for securing compensation.
In no-fault states such as Massachusetts, Florida, Michigan, New York, and Hawaii, drivers turn to their own insurance to cover medical expenses and lost wages, no matter who caused the accident.
However, in cases involving severe injuries or costs exceeding a certain threshold, you may be able to sue the at-fault driver, like in the Massachusetts example discussed earlier.
When fault is unclear or denied, an attorney can help. They’ll gather evidence like police reports, witness statements, and photos to build a strong case.
3. Multiple Parties Involved
When multiple vehicles or parties are involved, figuring out who is at fault can get messy. Each driver might tell a different story, and sometimes more than one person is to blame.
This makes it harder to sort out what really happened, especially if the accident scene is confusing or there’s not enough clear evidence. Getting it wrong can hurt your claim.
A car accident attorney can help by digging into the details, finding the facts, and making sure fault is assigned fairly.
This fair fault assignment is crucial because, in some states like Massachusetts, if you’re proven to be 51% or more at fault, you won’t be eligible to receive any compensation.
4. Insurance Company Issues
Insurance companies may seem friendly, but their goal is to protect their bottom line—not yours. For them, business is business.
They may delay your claim, offer lowball settlements, or even deny coverage outright. In some cases, their actions can border on bad faith practices.
An experienced attorney knows how to handle insurance adjusters, push back against unfair tactics, and secure the compensation you deserve.
5. Wrongful Death
In heartbreaking cases where an accident results in a fatality, families often face emotional and financial devastation.
Pursuing a wrongful death claim can help cover funeral costs, lost income, and other damages.
An attorney provides compassionate guidance while advocating for justice for your loved one.
6. Complex Legal Issues
Some accidents involve unique legal challenges, such as government vehicles, commercial trucks, or defective road conditions. These cases often require specialized knowledge to navigate regulations and identify liable parties.
For example, if you’re hit by a government vehicle, special rules about filing deadlines and liability limits may apply.
An experienced attorney can guide you through these complexities and protect your interests.
What Does a Car Accident Attorney Do?
Even in cases that seem straightforward, an attorney provides valuable support that can make all the difference in the outcome of your claim:
- Protects Your Rights: They advise you on what to say (or not say) to avoid jeopardizing your claim.
- Handles Communication: Dealing with insurance adjusters and opposing counsel can be stressful. An attorney takes care of these interactions, ensuring your case is handled professionally.
- Negotiates a Fair Settlement: Insurance companies often aim to pay as little as possible. An attorney has the experience to negotiate a higher settlement that reflects the true value of your losses.
- Files a Lawsuit if Necessary: If the insurance company refuses to offer a fair settlement, an attorney can take your case to court and fight for your rights.
How Much Does a Car Accident Attorney Charge?
Hiring a car accident attorney is often more affordable than people think.
Most personal injury law firms offer free consultations, so you can start reaching out soon after the accident to explore your options.
Additionally, many car accident attorneys work on a contingency fee basis. This means you only pay if they win your case. The fee typically ranges from 33% to 40% of your settlement.
They also typically cover upfront costs, like filing fees, and deduct these from your settlement later.
This payment structure benefits both parties. It motivates lawyers to secure the maximum compensation for your case while ensuring you’re not spending money on legal fees without results.
However, to ensure there are no surprises, it’s important to discuss payment terms with your attorney early on. Certain factors, such as the complexity of your case or additional legal expenses, might affect the payment structure.
This way, you’ll know exactly what to expect as your case moves forward.
The Verdict
If your car accident involves serious injuries, disputed liability, or uncooperative insurance companies, hiring an attorney is not just worth it—it’s essential.
Experienced lawyers, like those at DiBella Law Office, can protect your rights, negotiate fair compensation, and handle the legal complexities, allowing you to focus on recovering.
Don’t leave your case to chance. Contact a trusted car accident attorney today and take the first step toward securing the compensation you deserve!
Author Bio
Christopher DiBella is the founding partner of DiBella Law Injury and Accident Lawyers. He knows the pain of injury from his own family’s experiences.
Chris earned his Bachelor’s degree from Boston University, graduating cum laude, and his J.D. from Suffolk University Law School. Among his many awards and recognitions are The National Trial Lawyers Top 25 Motor Vehicle Trial Lawyer, Top 100 Civil Plaintiff Lawyer, and Super Lawyers Rising Star.
With both skill and genuine empathy, Chris is dedicated to helping clients turn their struggles into successful outcomes.
