Are you wondering when to get an attorney for a car accident? The answer is immediately— if you suffered an injury or the fault is unclear. An attorney is your best defense against tactics the insurance company uses to get car accident victims to admit even partial liability. They are good, but an experienced lawyer is better.
Hire a car accident lawyer to communicate and negotiate on your behalf. It helps ensure they view your claim seriously and offer a fair settlement.
Knowing When to Get an Attorney for a Car Accident
Not everyone involved in a car accident must seek legal representation. There are minor incidents that don't result in injury. However, obtaining a lawyer after an accident with complex liability, injury, or severe impairment or disability is crucial.
Some significant signs confirming when to get an attorney for a car accident include:
- After an accident resulting in injury to you or someone else
- After any crash where clear liability (fault) isn't established
- After an accident with an uninsured motorist
- After a collision with an impaired, intoxicated, or distracted driver
- After a crash involving a pedestrian, cyclist, motorcyclist, or any other motorist
- After any collision in a construction or school zone
- If you disagree with the police report
The sooner you contact a car accident lawyer, the better. They intercede between you and car insurance companies whose mission is to find ways to deny liability. It's the only way to save their company money, which is the primary purpose of an insurance claims adjuster.
An experienced attorney will easily navigate their approach with considerably more favorable outcomes than navigating them alone. You should absorb any of the costs the accident caused if it wasn't your fault.
What to Do Immediately Following a Car Accident
After the initial impact of the accident wears off, car accident victims need to put a plan into action for their recovery. A car accident claim has four critical components.
Get Medical Evaluation
Regardless of how injured you may feel after an accident, you must get a complete medical evaluation from a doctor who can properly assess and diagnose injuries. Many car accident injuries, such as whiplash, severe headaches, neck and back pain, and chest, knee, hip, and stomach pain, will present with delayed symptoms.
Do not hesitate to see a physician after a car accident. Ignored symptoms can lead to more severe injury. That will also document the accident and lay the groundwork for any future medical treatment relating to the accident.
Follow Medical Limitations and Restrictions
Another critical reason to seek a medical evaluation is to have a physician assess any limitations or restrictions necessary for a healthy recovery or to prevent further injury.
Sometimes, injuries may result in weight limitations or restrictions on work duties. Follow these restrictions. They are not there to hinder. They are there to help. If your doctor refers you to specialists regarding your injuries, make the appointments.
Record Your Recovery
Document your recovery. Keeping a journal can help your attorney prove non-economic damages associated with your car accident case.
Things to record in your recovery journal:
- Pain levels (worse with certain activities, like extended periods of standing or bending over to change laundry loads)
- Record of symptoms (numbness, tingling, dizziness, headaches)
- Record of sleep disturbance
- Emotional distress
- Mental anguish
- Loss of enjoyment of life (inability to enjoy hobbies and passions you enjoyed before the accident)
- Loss of quality of life (inability to perform essential life tasks)
Your car accident lawyer can use your record of recovery to show pain and suffering that warrants financial compensation after a car accident. Detailed entries make a significant difference than inconsistent notes.
Contact a Car Accident Attorney
After you have been medically evaluated, consulting with a car accident attorney is the next step in protecting your legal rights and fairly compensating you for your damages.
Types of Damages You Can Seek Compensation for in Your Car Accident Claim
Your attorney will determine your losses, calculate your damages, and present them to the at-fault party's insurer. You can seek compensation for damages in a car accident claim, including economic and non-economic losses.
Medical Expenses
You can recover compensation for medical expenses relating to the accident in your car accident claim.
Some examples of medical costs are:
- Emergency services (ambulance, ER visit, surgeries)
- Hospitalization
- Medical evaluation and follow-up doctor visits
- Rehabilitation services (physical therapy, massage, acupuncture, chiropractor)
- Mental health services for trauma relating to accident
- Prescription medication and copay costs
- Medical devices and equipment
- Home modifications (chair lifts, ramps, wider doorways, accessible bathrooms)
- Home healthcare services
- Cosmetic surgeries relating to disfigurement and scarring from accident
Keep receipts to recover travel expenses to and from your medical appointments and any overnight hotel accommodations necessary to make appointments with surgeons and specialists.
Lost Income
Any lost income due to the severity of your accident and injuries are economic losses that you may receive compensation for in insurance claims, such as:
- Lost income
- Loss of commissions and bonuses
- Loss of benefits like medical, retirement, and pension
- Diminished earning capacity (future earnings)
If your employer passed you over for a promotion due to your injuries from an accident, you may also recover compensation for those damages. Secure a written statement from your employer documenting it. They should take no issue providing the statement, as they bear no financial responsibility for the loss.
Property Damages
Property damages include any destruction caused to your vehicle or personal property within the car or on your person, such as clothing and smartphones. Pet owners may also seek compensation for veterinary bills relating to injuries to a pet caused by the accident.
You can recover compensation for property outside your vehicle, such as mailboxes, fences, and buildings.
Non-Economic Damages
Non-economic damages require an experienced attorney to measure in monetary terms.
These non-monetary damages include:
- Pain and suffering
- Psychological trauma
- Depression and anxiety
- Post-traumatic stress disorder (PTSD)
- Loss of activities
- Loss of enjoyment of life
- Loss of consortium (companionship, affection, and love)
Remember to document non-economic damages in a post-accident journal. Detailed entries will help demonstrate the severity of your injuries.
Consult With a Car Accident Attorney
Car accident lawyers typically work on contingency, so you will pay no upfront costs. Consult an attorney to discuss the specifics of your case and determine your compensation eligibility.