Car accidents can leave victims with severe injuries, mounting medical bills, lost earnings, and emotional distress. Navigating the legal and insurance process alone can be overwhelming, especially while recovering from an accident. A car accident lawyer plays a vital role in ensuring victims receive the compensation they deserve by handling every aspect of their case.
Below is a comprehensive guide detailing what car accident lawyers do for their clients, from the initial consultation to settlement negotiations or trial representation.
A Comprehensive List of How a Car Accident Lawyer Will Help You
Once you decide to speak with one or more car accident lawyers, it won’t take long for them to begin helping you. A fairly common timeline for interactions between car accident survivors and their attorneys is:
The Car Accident Lawyer Assesses the Case During a Free Initial Consultation
Most car accident lawyers offer a free consultation where they assess the case and determine if legal action is necessary. The typical structure of a free consultation is:
- The lawyer reviews the details of the accident and any injuries sustained
- They assess liability and potential damages
- They explain legal options and whether pursuing a claim is advisable
- They discuss the lawyer’s fee structure, usually based on a contingency fee arrangement
This consultation allows clients to determine if the lawyer is a good fit for their case before making any commitments.
The Client Hires the Attorney
Once you choose your lawyer, you will formally hire them. This will allow them to formally proceed with your case (and begin fighting for you).
The Car Accident Attorney Investigates the Car Accident
A strong personal injury claim requires solid evidence to establish fault, prove negligence, and document damages. Car accident lawyers conduct thorough investigations to gather key information, and the investigation may include:
- Reviewing police reports to identify key accident details
- Collecting witness statements to support the client’s version of events
- Obtaining traffic camera or dashcam footage, if available
- Analyzing accident scene photos to reconstruct how the crash occurred
- Consulting accident reconstruction experts if liability is unclear
- Gathering black box data from vehicles (a common step in truck accident cases)
Your attorney’s investigation can find that speeding, tailgating, distracted driving, a defective vehicle, unsafe road conditions, or other hazards caused your crash.
The Car Accident Attorney Handles All Communication with Auto Insurance Providers
Insurance companies do not always act in good faith. They may act in transparent bad faith, attempting to deprive accident survivors of the compensation they deserve. A car accident lawyer acts as a buffer between clients and insurers. Your lawyer will ensure your rights are protected by handling every step of the claims process, including:
- Filing the insurance claim on behalf of the client
- Negotiating with adjusters to secure a fair settlement
- Preventing the client from making recorded statements that can be used against them
- Challenging low settlement offers and demanding fair compensation
- Handling bad faith insurance practices, such as unnecessary delays or wrongful claim denials
Since insurers are often focused on paying as little as possible, having a skilled lawyer levels the playing field.
The Lawyer Determines the Full and Fair Value of the Claim
Many accident victims underestimate their claim’s value, which can lead them to accept low settlements. A car accident lawyer will ensure that all your damages are accounted for.
Your lawyer’s case value will include damages you’ve already suffered or will face in the immediate future and any long-term damages.
The Car Accident Lawyer Fights for a Fair Settlement
Most car accident cases end in a settlement rather than going to trial. Lawyers work tirelessly to secure the highest possible payout. An attorney might secure a fair settlement for you by:
- Presenting strong evidence to prove liability and damages
- Countering low offers with detailed justifications for higher compensation
- Leveraging expert testimony to validate injury claims
- Threatening litigation to pressure insurance companies into fair settlements
- Ensuring future medical needs are covered in the final agreement
A well-negotiated settlement ensures clients are fully compensated without the stress of a trial.
The Car Accident Attorney Files a Lawsuit, if Necessary
If settlement negotiations fail, the next step is filing a lawsuit. A car accident lawyer handles the entire litigation process, which may involve:
- Drafting and filing the complaint in court
- Serving the defendant (at-fault driver or insurance company)
- Engaging in the discovery process, where both sides exchange evidence
- Taking depositions from key witnesses and experts
- Preparing the case for trial, including legal research and strategy
Even after filing a lawsuit, lawyers continue negotiating settlements to resolve the case without going to trial if possible.
The Lawyer and Their Team Represent the Client in Court (Though This Is Not Typically Necessary)
If a fair settlement cannot be reached, the lawyer takes the case to trial to fight for justice. A trial can require a lawyer to:
- Present evidence to prove fault and damages
- Question their own witnesses
- Cross-examine the other side’s witnesses to challenge the defense’s claims
- Argue legal points before the judge and jury
- Lodge objections and file motions
- Deliver compelling opening and closing statements
- Seek the maximum possible verdict for their client
Going to trial is complex, but a skilled litigator ensures clients have the best chance of winning.
Your Car Accident Lawyer Will Discourage (or Even Prevent) You from Making Costly Mistakes
This is not to say you’re the type to make costly mistakes. It’s just that most car accident survivors face unfamiliar challenges. The risk of making a mistake grows whenever you’re facing uncertainty, and some clients jeopardize their case by:
- Posting about the accident on social media
- Giving recorded statements to insurers before they are truly ready to do so
- Accepting lowball settlements before knowing the full extent of their injuries
- Delaying medical treatment
- Signing documents without a lawyer reviewing them first
- Not following doctors’ advice
These and other mistakes will not happen if you rely on a trustworthy car accident attorney.
How Car Accident Lawyers Use Contingency Fees and How It Benefits the Client
Most car accident lawyers work on a contingency fee basis, meaning they only get paid if they win the case or secure a settlement. Instead of charging upfront fees, the lawyer’s payment comes as a percentage of the final compensation amount, usually between 33 percent to 40 percent.
How Contingency Fees Benefit the Client
Clients generally love contingency fees because there are:
- No upfront cost: Clients don’t need to pay legal fees out of pocket, making legal representation accessible to everyone, regardless of financial status.
- Reduced financial risk: If the lawyer doesn’t win the case, the client doesn’t owe any attorney fees, removing the risk of paying for unsuccessful representation.
- A major incentive to win: Lawyers are motivated to secure the highest possible compensation since their payment depends on the case outcome.
- No delay in receiving legal help: Victims can hire a lawyer immediately after an accident, even if they have no savings or income.
Contingency fees allow accident victims to pursue justice without worrying about legal costs while ensuring their lawyer fights aggressively for maximum compensation.
Who Might Hire a Car Accident Lawyer?
Anyone involved in a car accident caused by someone else’s negligence may benefit from hiring a car accident lawyer. While not every accident requires legal representation, certain situations make having an attorney vital for securing fair compensation.
Some common reasons why clients hire car accident lawyers are:
- Injuries: Victims with serious injuries, including broken bones, spinal damage, or traumatic brain injuries, often need legal help to recover medical expenses and lost earnings.
- Wrongful deaths: Families who have lost a loved one in a fatal accident may need a lawyer to seek wrongful death compensation.
- Unfamiliarity: Some accident survivors are simply unfamiliar with claims and lawsuits and recognize that inexperience can be a disadvantage to their case.
- Bad faith: When an insurance company delays, undervalues or refuses to pay a claim, a lawyer can negotiate for a fair settlement.
- Disability: Victims facing long-term or permanent disabilities may require legal representation to secure compensation for future medical care and lost earning potential.
An attorney is the remedy to these and many other challenges you might face after a car accident.
Recoverable Damages Among Car Accident Victims
When you suffered an injury in a car accident, the damages you can recover depend on the specifics of your case. These damages can cover a wide range of financial losses, physical injuries, emotional pain, and future expenses. The goal of pursuing compensation is to help recover and regain financial stability after the accident. Some types of damages you may receive compensation for include:
Medical Expenses
Emergency room visits, hospital stays and surgeries, physical therapy and rehabilitation, doctor visits and specialist consultations, and all other post-accident services will be part of your car accident case.
Lost Earnings and Earning Capacity
You may receive compensation for:
- Lost income
- Loss of future earnings due to permanent disability
- Income loss due to an inability to return to work
If you have any other professional damages, your lawyer will include them in your case.
Pain and Suffering
This is a common type of non-economic damages that can include:
- Physical pain
- Emotional anguish
- Psychological distress
- Anxiety
- Depression
- Loss of quality of life
Pain and suffering damages cover the physical and emotional toll the accident takes on your life, including long-term pain, scarring, and mental anguish.
Property Damage
If your car or any other property was damaged during the accident, your lawyer will seek compensation for repair, replacement, temporary transportation, and any other costs associated with the damaged property.
Each case is unique, but a skilled car accident lawyer will help identify and fight for all the damages you deserve, giving you the best chance at a fair settlement.
Why Hiring a Car Accident Lawyer Makes Life Easier
Being in a car accident can be overwhelming, to say the least. When you hire a car accident lawyer, you gain significant relief in navigating the situation’s complexities. Here’s how they make life easier for you:
Dealing with Insurance Companies So You Don’t Have To
Insurance companies are notorious for trying to minimize payouts or outright denying claims. A personal injury lawyer:
- Takes charge of communicating with insurers
- Handles all the negotiations and back-and-forth
- Ensures you aren’t pressured into accepting a low offer and fights for a fair settlement
- Saves you from the stress of dealing with adjusters and complicated insurance terms
Life is stressful enough without insurance companies involved.
Managing Case-Related Records and Paperwork
Medical expenses can quickly pile up after an accident, adding to stress. A car accident lawyer can help by negotiating with healthcare providers to delay or reduce your medical bills until your claim is settled. It allows you to concentrate on getting better rather than worrying about paying off medical debt.
Affording You Peace of Mind During Recovery
One of the most significant benefits of hiring a lawyer is the peace of mind an attorney provides. With someone handling the legal challenges and demands, you can focus on recovering from the accident without the added stress of legal battles.
Why You Should Hire a Car Accident Lawyer Soon (and Not Wait)
Hiring a lawyer as soon as possible is important if you’ve been involved in a car accident. Delaying the process can significantly impact your case and your ability to recover fair compensation.
Evidence Can “Disappear”
The sooner you hire a lawyer, the sooner they can begin gathering vital evidence like accident scene photos, witness statements, and vehicle damage reports. Evidence may become lost or degraded as time passes, making it harder to build a strong case.
There Are Filing Deadlines for Car Accident Cases
Each state has a statute of limitations, which is a legal time limit on how long you can wait to file a personal injury claim. If you wait too long, you risk losing the right to take legal action altogether.
There Is No Reason to Wait
Because your attorney will not require any out-of-pocket payment from you, there is no reason to wait before hiring them. Complete your free consultations to find the law firm that is the right fit for your legal needs, personality, and case demands.