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Do I need a lawyer after a car accident?
If you’ve been in a car accident, you may be wondering whether you need a lawyer to handle your case. While not every accident requires legal representation, having an experienced car accident attorney on your side can make a significant difference in protecting your rights and securing fair compensation.
Understanding When Legal Help is Necessary
For minor fender benders with no injuries and minimal vehicle damage, you may be able to handle the insurance claim on your own. However, if you were injured, the accident involved significant damage, or there is a dispute over who was at fault, hiring a lawyer is often the best decision. Insurance companies aim to settle claims quickly and for as little as possible. Without legal representation, you may receive an offer that does not fully cover your medical bills, lost wages, and other damages.
Here are some key scenarios where hiring a lawyer is highly recommended:
- You suffered serious injuries. If you required medical treatment beyond basic first aid, or your injuries resulted in lost work time, ongoing care, or permanent disability, a lawyer can help you seek full compensation.
- The insurance company is denying or delaying your claim. Insurers sometimes use tactics to delay, deny, or undervalue claims. A lawyer knows how to challenge these practices and fight for what you deserve.
- Fault is unclear or disputed. If the other driver is blaming you, or if there are multiple parties involved, an attorney can help gather evidence to prove liability.
- The at-fault driver is uninsured or underinsured. If the person who caused the accident lacks adequate insurance, your lawyer can explore other avenues for compensation, such as uninsured motorist coverage or third-party liability.
- You are unsure of your rights. Navigating the legal process after an accident can be overwhelming. A lawyer can explain your options and guide you through each step.
How a Lawyer Can Help with Your Car Accident Case
A skilled personal injury attorney brings experience and resources to your case. Here’s how they can assist you:
- Investigating the accident. A lawyer will gather evidence such as police reports, witness statements, medical records, and surveillance footage to build a strong case.
- Negotiating with insurance companies. Insurers often try to minimize payouts. Your attorney will handle all communications and negotiations to ensure you receive a fair settlement.
- Calculating damages. A lawyer will assess your medical expenses, lost wages, pain and suffering, and future financial impact to determine the true value of your claim.
- Filing a lawsuit if necessary. If the insurance company refuses to offer a reasonable settlement, your lawyer can take the case to court and fight for your compensation.
Protecting Your Rights After an Accident
The sooner you speak with a lawyer, the better your chances of protecting your rights and securing fair compensation. Evidence can disappear, memories can fade, and insurance companies may pressure you into accepting a low offer. Consulting with an attorney early in the process ensures that you have a strong advocate on your side from the start.
If you or a loved one has been injured in a car accident, MacCloskey Kesler & Associates is here to help. Our experienced personal injury lawyers are dedicated to fighting for accident victims and ensuring they receive the compensation they deserve. Contact us today for a free consultation.
FAQ
Get some of your more frequently asked questions about car accidents answered right here, and learn how we may help you with your case.
All questions reviewed by Phil Kesler, Attorney at MacCloskey Kesler & Associates.
Do I need a lawyer after a car accident?
If your accident resulted in injuries, significant vehicle damage, or a dispute over fault, hiring a lawyer can be beneficial. Insurance companies often try to minimize payouts, and an attorney can help ensure you receive fair compensation for medical bills, lost wages, and pain and suffering. If the accident was minor with no injuries, you may be able to handle the claim on your own. However, if you’re unsure, consulting a lawyer for a free case review is always a good idea.
How long do I have to file a claim after a car accident?
The deadline to file a car accident claim depends on the statute of limitations in your state. In Illinois, for example, you typically have two years from the date of the accident to file a personal injury claim and five years for property damage. However, exceptions may apply, such as cases involving minors or government vehicles. It’s best to consult a lawyer as soon as possible to avoid missing crucial deadlines.
What should I do immediately after a car accident?
After a car accident, prioritize safety and seek medical attention if needed. Call 911 to report the accident and wait for police to arrive. Gather evidence by taking photos of the scene, vehicle damage, and any visible injuries. Exchange contact and insurance information with the other driver but avoid admitting fault. If there are witnesses, collect their statements and contact details. Finally, notify your insurance company and consider speaking with a lawyer before accepting any settlement offers.
Who pays for my medical bills after a car accident?
If another driver was at fault, their insurance should cover your medical expenses through their liability coverage. However, medical bills can accumulate before a settlement is reached. Your own health insurance or MedPay coverage (if you have it) can help pay for immediate expenses. If the at-fault driver is uninsured or underinsured, your own uninsured motorist coverage may apply. A personal injury lawyer can help explore all options to ensure you’re not left paying out of pocket.
What if the other driver was uninsured or underinsured?
If the at-fault driver does not have insurance or lacks sufficient coverage, you may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage. Many states require this coverage as part of auto insurance policies. If you do not have UM/UIM coverage, you may have to pursue legal action against the driver personally, though collecting damages can be difficult. Consulting a lawyer can help you explore all available recovery options.
Can I still get compensation if I was partially at fault?
Yes, in many states, you can still recover damages even if you were partially at fault. Illinois follows a modified comparative negligence rule, meaning you can seek compensation as long as you were less than 50% at fault. However, your total compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault and your damages total $100,000, you would receive $80,000.
How long does it take to settle a car accident claim?
The time it takes to settle a car accident claim varies based on the complexity of the case, severity of injuries, and cooperation of insurance companies. Some cases settle in a few weeks, while others, especially those involving serious injuries or disputed liability, can take months or even years. Having an experienced lawyer can help speed up the process and ensure you receive a fair settlement rather than accepting a low offer just to resolve the case quickly.
What if the insurance company offers me a quick settlement?
Be cautious of quick settlement offers from insurance companies. These initial offers are often lowball settlements designed to minimize payouts before you fully understand the extent of your injuries and damages. Accepting an early settlement prevents you from seeking additional compensation later, even if you discover more serious injuries. Always consult a lawyer before agreeing to any offer from an insurance company.
What Should I Say to the Insurance Company After a Car Accident?
When speaking to the insurance company after an accident, it’s important to be cautious and avoid admitting fault or making statements that could be used against you. Stick to the basic facts, such as the date, time, and location of the accident. Do not speculate about fault or provide detailed information about your injuries before you have been fully evaluated by a doctor. Insurance adjusters often look for ways to minimize claims, so it’s best to avoid recorded statements or signing any settlement offers without consulting an attorney. If you are unsure about what to say, a lawyer can communicate with the insurance company on your behalf to ensure your rights are protected and that you receive fair compensation.
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