You may get paid after a car accident by filing an insurance claim or lawsuit. A car accident attorney can help you determine which course to pursue. In some cases, a car accident victim will initially file an insurance claim but then sue when insurers do not pay them the money they deserve.

Getting the compensation you are entitled to should be a priority after your accident. You may be under great financial stress, dealing with injuries, and facing other uncertainty. While compensation does not cure all, it can provide immense relief following a motor vehicle accident.

Is an Insurance Claim the Right Option for You?

Insurance claims are a common way accident victims see money for a motor vehicle accident.

An insurance claim might make sense for you if:

1. You have auto insurance that applies to your damages
2. A liable motorist has auto insurance that applies to your damages
3. The amount of insurance coverage you receive adequately covers your accident-related damages

The laws about whose insurance covers accident-related damages vary from state to state. A lawyer who practices in your state can answer all insurance-specific questions that you have about your case.

Potential Challenges With an Insurance Claim Following a Car Accident

Car accident victims file lawsuits for a reason. Insurance claims are not a perfect means of getting compensation for a car accident.

You may choose to file a lawsuit because:

• Insurance coverage limits are less than your damages: One shortcoming of auto insurance is coverage limits. If applicable insurance policies provide $30,000 in coverage for accident-related damages (as an example), but if the cost of your damages is $50,000, you may need to sue for the difference between your expenses and insurance coverage limits.
• Liable parties do not have adequate insurance coverage: In states where the liable parties’ insurers must pay for an accident, it can be problematic when that liable party does not have sufficient insurance. Unless you have purchased substantial insurance for uninsured and underinsured motorists, you may have to sue for the money you deserve.
• Insurance companies deny you fair compensation: One or more insurers may deny your claim, underpay your damages, or engage in other bad-faith tactics.

Insurance companies have financial motives that may be contrary to your own interests. You may be seeking money from one or more insurers, and those insurers may be fighting to pay as little money as possible. Depending on how resolved insurers are to hold onto the money you are entitled to, you may eventually decide that a lawsuit is necessary to seek the compensation you deserve.

Tactics Insurance Companies May Use Against You

You may face multiple bad-faith tactics by insurance companies, including:

• Blaming you unjustly for your car accident
• Claiming that your injuries existed before your car accident
• Claiming that you are exaggerating the severity of your injuries, medical expenses, or other damages
• Claiming that insurance policies do not cover your accident
• Offering a quick, low settlement offer
• Delaying the processing of your claim
• Attempting to intimidate you, misrepresent your statements or actions, or engaging in other deceptive practices

A car accident resulting in injuries can cost more than $100,000, and some accidents may cost substantially more. Insurance companies may fight hard against such a costly claim.

A Lawsuit Is a Viable Option for Seeking Compensation

Many car accident cases end successfully through an insurance claim. However, a lawsuit is a viable alternative when an insurance claim does not succeed (for any reason).

A lawyer can handle every step of a lawsuit for you, including:

Investigation

Your lawyer will determine why your accident happened, who is responsible for causing the accident, and what damages have resulted from the collision.

As part of the investigation stage, your attorney may:

• Get the police report for your accident
• Speak with witnesses about the accident
• Document damage to your vehicle
• Photograph the accident scene
• Hire experts to reconstruct the accident

To build the strongest case possible, your lawyer will work to get all available information about your car accident.

Documentation of Your Damages

As your lawyer investigates your car accident, they’ll learn about the damages that your accident has caused.

Injuries and property damage are the two most significant damages in non-fatal accidents, and your lawyer may prove the cost of these damages with:

• Photographs of vehicle damage
• Invoices for vehicle repairs
• Bills for a rental car, rideshare trips, or other temporary transportation
• Medical records and bills
• Evidence of time you have missed from work and how much income you have lost during that time
• Expert testimony about your current and future damages

Car accident lawyers know how to calculate the cost of accident-related damages. This includes damages that do not have a clear financial cost, like pain and suffering.

Determination of Liability

Your attorney will identify those who owe you money because of the accident. The details of your accident will be relevant during this stage. Common causes of car accidents can include motorist negligence, dangerous streets, and other hazards. Your attorney can determine the cause of a crash if it is not immediately apparent.

Potentially liable parties in a car accident case include:

• A motorist who caused the accident
• The manufacturer of a defective vehicle or vehicle component
• The municipality responsible for dangerous road conditions
• A pedestrian who contributed to the accident
• Any other party whose negligence contributed to the collision

Someone is negligent when they act in an unreasonable manner. When negligent behaviors lead to a car accident, negligent parties must cover the cost of damages.

 

Preparation for Settlement Negotiations

Your attorney may prepare for settlement discussions by:

• Organizing evidence and documentation
• Preparing witness and expert testimony
• Having experts reconstruct your accident
• Completing a detailed calculation of your damages
• Anticipating the arguments they may face during settlement negotiations (and crafting counterarguments)

Your attorney will also seek evidence that is in another party’s possession. They may file a letter of spoliation, which requires those parties not to dispose of any evidence that can be useful for your case.

Settlement Negotiations

Settlement negotiations are a pivotal stage of every car accident case. At this point, your attorney has compiled evidence of your damages and determined how much money you deserve. Now, they’ll fight for your financial recovery.

Those who owe you compensation will also defend their case. Whether the opposing party is an insurance company or civil defense attorney, your lawyer will seek to get the entire financial recovery you deserve.

Trial

Trials are uncommon in car accident cases. However, a car accident lawyer should always be willing to go to trial when their client needs them to.

An attorney will first exhaust settlement negotiations. They may proceed to trial if liable parties prove unwilling to settle for the amount you deserve.

Recoverable Damages for a Car Accident Victim

Recoverable damages vary between car accident cases. The severity of an accident and the nature of injuries are two primary factors in what damages an accident victim will experience.

Some common damages in non-fatal car accident cases are:

• Medical expenses: Car accident victims may need ambulance transportation, emergency treatment, imaging, hospitalization, surgery, rehabilitation, and other services. Your lawyer may include all accident-related medical costs in your lawsuit or insurance claim.
• Pain and suffering: A car accident may cause post-traumatic stress disorder (PTSD), depression, physical pain, emotional distress, lost quality of life, and other types of pain and suffering. Civil courts in the United States consider these non-economic damages when awarding compensation to car accident victims.
• Vehicle damage: The cost of repairing or replacing your vehicle should be part of your lawsuit or insurance claim. You may also need to pay for temporary transportation while you’re without a functioning vehicle.
• Professional losses: Your professional damages may include lost income, lost productivity, diminished earning power, loss of your job, lost bonuses, lost benefits, and other damages. If your injuries have long-lasting symptoms or prove disabling, you may lose income indefinitely.

When a car accident causes someone’s death, additional losses may include:

• Loss of a spouse’s companionship
• Loss of a parent’s guidance
• Funeral expenses
• Loss of the decedent’s income
• Loss of the decedent’s household skills and labor

Your attorney should account for both current and future damages. By accounting for future losses, your lawyer will aim to protect you from long-term financial pressures caused by your accident and injuries.

Why Hire a Lawyer After a Car Accident?

Car accident victims who hire an attorney may do so because:

• Their injuries prevent them from handling their case: Car accident victims often deal with injuries, emotional distress, and other hardships that prevent them from handling their claims or lawsuit. If you try to handle your own case while dealing with an injury, you may risk making those injuries worse.
• They have recently lost a loved one: If your loved one passed away after a fatal car accident, you are likely overwhelmed by grieving their loss. The mourning process should be your priority, and a lawyer can ensure you’re not distracted by a lawsuit.
• They have minimal experience with lawsuits and insurance claims: Car accident victims often deserve compensation but have little understanding of how to fight for that compensation. A lawyer with ample experience leading car accident cases may handle your case more efficiently and perhaps more skillfully than you can.
• They value a law firm’s resources: Car accident attorneys rely on paralegals, investigators, experts, and others to help with car accident cases. These resources may improve the strength of your case.

Having an attorney handle your claim or lawsuit can save you time. Your lawyer may also spare you stress, confusion, frustration, and other unwanted emotions that can result from the legal and insurance processes.

Here is the worst-case scenario: You attempt to handle your own case, invest significant time, effort, and personal equity, then lose your case. With a lawyer, at least you protect yourself from making a massive investment with no financial payoff.

When Should I Hire a Lawyer After the Car Accident?

Do not wait to complete your free consultations if you’re considering hiring a lawyer after a car accident. If you do choose to pursue a lawsuit, you may face a deadline known as a statute of limitations. Should you wait too long to hire your lawyer and file your case, this statute can expire and render you ineligible to pursue compensation.

Car Accident Attorneys Protect the Client Financially

Car accident victims rarely have money to spare. The cost of medical bills, vehicle repairs, and other accident-related damages can cause intense and immediate financial pressure. Car accident lawyers know this, so they typically offer clients a favorable fee structure.

Contingency fees, which are standard for car accident lawyers, mean that:

• The attorney only receives a fee if they get a judgment or settlement for the client
• The client (you) pays no upfront fees or costs to the law firm
• The law firm pays for all case-related expenses and fees
• You face no out-of-pocket expenses, regardless of the outcome of your case

Car accident law firms get a percentage of the client’s winnings. However, the firm receives no payment if they do not get money for the client. This fact makes contingency fees a client-friendly arrangement.

Begin by Calling a Local Car Accident Law Firm Today

If you have suffered injuries or lost a loved one in a car accident, consider whether you want help seeking the money you deserve. A lawyer can handle your case from start to finish and may not require any upfront compensation to start your case.

Research and call car accident lawyers in your area. Review their experience, client testimonials, and case results before hiring an attorney.

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