When To Get A Lawyer After An Auto Accident

An auto accident is a life-altering event, leaving us grappling with physical injuries, emotional trauma, and the difficulty of navigating the consequences. Across the globe, trucks, buses, cars, motorcycles, and pedestrians share roads. And in the fleeting moments of an ordinary drive, one’s life may change because of an accident. Startlingly, data from the Centers for Disease Control and Prevention (CDC) reveals that nearly 3,700 individuals lose their lives daily in collisions involving cars, buses, trucks, motorcycles, and more, underscoring the critical importance of road safety awareness.

Knowing when to get a lawyer after an auto accident is a must in this challenging time. As you file your insurance claim or personal injury lawsuit, consider hiring an attorney right away to better understand the legal process. This can make a crucial difference in securing your rights and ensuring fair compensation.

Should You Call a Personal Injury Lawyer After an Auto Accident?

What is the best time to get a lawyer after an auto accident? The answer is right away. If any of the following apply to your case, reaching out to a personal injury lawyer as soon as possible is advisable:

• The other driver or the insurance company denies responsibility.
• The other driver or the insurance company claims you’re partly at fault.
• The insurance company requests a statement from you.
• The accident involved more than two vehicles.
• The crash involved a government entity or structure.
• The insurance company is unresponsive or continuously delays your claim.
• You suspect your rights are violated.

Moreover, knowing the right moment to consult a personal injury lawyer after an auto accident ensures maximum compensation and protection of your rights. From the mess right after the accident to challenges during the claims process, having an understanding of the following will help you make informed decisions about the right time to get an auto accident lawyer:

Signs You Need an Auto Accident Lawyer Immediately

Here are the key indicators that promptly seeking legal advice may be beneficial:

• Severity of injuries

  Sustaining severe physical injuries in a car accident, especially those with long-term consequences, is a clear indication to seek a personal injury attorney. An experienced lawyer specializing in auto accidents can help make sure that your medical expenses, ongoing treatment, and potential future costs are factored into any compensation claim. Your attorney will advocate for your well-being and ensure that the impact of the accident on your health is justly recognized.

• Disputed liability or fault

  Disputes over liability or fault can significantly complicate the resolution of an auto accident case. If the other party involved or their insurance company contests responsibility, it is wise to consult with a lawyer.

  The presence of attorneys is crucial in gathering evidence, establishing a solid case, and solving the problems involved in proving fault. It ensures a fair assessment of responsibility and maximizes your chances of obtaining the compensation you deserve.

• Challenges in securing maximum compensation

  Whether the insurance company’s resistance or undervaluation of your claim, the hardships you face to obtain fair compensation for damages are a sign that hiring a legal representative is necessary.

  An auto accident attorney possesses the expertise to assess the situation, negotiate with insurance providers, and, if needed, escalate the matter to court. Their knowledge of personal injury law ensures your rights are protected, and they can advocate effectively for the compensation you are rightfully entitled to.

Statute of Limitations for Auto Accident Claims

One consideration when initiating a personal injury claim or lawsuit is the statute of limitations, which is essentially a deadline to file a case. Understanding the timeline for legal action is crucial in ensuring your rights are protected, and potential claims are pursued effectively.

Although the timeframe may vary by jurisdiction, it typically starts from the accident date. For example, in California, the statute of limitations for personal injury claims is two years. This means that victims need to file a claim before the second anniversary of the accident.

You forfeit your right to pursue legal action when you miss the deadline. So, be aware of your state’s specific statute of limitations and act promptly to preserve your right to seek compensation. Or better yet, hire a qualified personal injury lawyer to handle all claim-related processes for you. You must be aware of the instances that warrant prompt action, or it becomes too late to get a lawyer for a car accident.

If you anticipate challenges with your insurance company, it is advisable to consult with an auto accident attorney sooner rather than later. Their early involvement can streamline the process, ensuring your case is built on a solid foundation and that deadlines are met.

Choosing the Right Lawyer for Your Auto Accident Claim

Before you decide to hire a legal representative, take note of the following qualities the right lawyers should possess:

The Necessary Experience And Knowledge

One of the most significant benefits of hiring car accident lawyers is their legal expertise. Their proficiency protects you from potentially costly mistakes and guarantees that you receive the rightful compensation for your injuries and damages.

Car accident attorneys help you through the complexity of the legal system. They will diligently assess your case details and evaluate the strength of your claims to provide informed advice on the best course of action, ensuring you make sound decisions throughout the legal process.

The Ability To Handle Settlement Negotiations

When examining your case details, car accident lawyers identify all damages to assess the value of your claim. Then, they negotiate with the insurance company to secure the maximum compensation possible. Entrusting your accident lawyer with all communication with the insurance company is advisable to avoid making mistakes that can potentially harm your case.

In cases where the insurance company is unwilling to provide a fair settlement, your accident lawyer steps in, representing you in court and advocating for your rights. The best accident lawyers exhibit exceptional negotiation skills, ensuring the settlement you receive reflects the full extent of your losses and damages.

The Capability To Keep Track Of Deadlines

Time is of the essence when it comes to filing a claim after an auto accident. Understanding the statute of limitations is a precondition to determining when to get a personal injury lawyer. California has a statute of limitations for personal injury claims due to car accidents, typically 2 years from the incident date.

Delays in filing a claim may result in forfeiting your right to seek compensation. Delaying the process makes it more challenging to gather evidence, locate witnesses, and negotiate effectively with insurance companies.

Filing a claim promptly after an auto accident preserves your legal rights and enhances the likelihood of securing fair compensation.

The Skill To Uncover Hidden Injuries And Damages

Some car accidents can be fatal, while others may result in injuries that do not initially show symptoms. Whiplash and traumatic brain injuries (TBIs) may not have apparent symptoms, but their long-term consequences can be detrimental to your health and well-being. A personal injury lawyer ensures you go through a comprehensive medical examination and treatment plan while fighting for your compensation for future medical expenses and lost wages stemming from the accident.

The Dedicated Effort In Finding Relevant Evidence

Another reason why you should hire a car accident lawyer immediately is that preserving evidence is a time-sensitive matter. The situation after an auto accident can be chaotic, and critical evidence may be lost or compromised if not secured promptly. A qualified attorney can take over this responsibility so you can focus more on your recovery.

The Capacity To Appeal Claims

Insurance companies might reject claims for reasons like insufficient evidence, disputes over liability, or differences in the perceived value of the claim. If your initial claim was denied, do not fret! Remember, rejection often serves as redirection. Hiring a car accident lawyer opens up a better opportunity. They meticulously review your case, gather additional evidence, and present legal arguments to help secure the best settlement value on your behalf.

Knowledge Of The Tactics Employed By Insurance Companies

In certain instances, insurance companies may falsely claim that the accident was your fault, creating a challenging situation if you are not legally represented. Having an auto accident lawyer by your side is essential in disputing such claims. A skilled accident attorney will meticulously examine the gathered evidence and witness statements to prove that you are not at fault and are entitled to compensation.

Benefits of Hiring an Auto Accident Lawyer Early On

In car accident claims, timing is crucial, and waiting may cause issues. If you got injured in an auto accident that was not your fault, you should understand the benefits to gain from hiring an attorney.

Seeking an auto accident lawyer early in the process can offer several advantages, including:

• Immediate Guidance – You receive immediate guidance on how to navigate the consequences following the accident. Your accident lawyer provides valuable insights into the steps you need to take to protect your rights and build a strong case.
• Well-Recorded Evidence – Early involvement of accident attorneys ensures important evidence is preserved immediately. Your lawyer can quickly check the accident scene and gather the evidence to support your claim, strengthening your case and providing a solid foundation for negotiations or litigation.
• Proactive Communication With Insurance Companies – Insurance companies will bombard you with calls after your accident, further causing unwarranted stress on your end. You can refer them to your auto accident lawyer to avoid giving out statements that can be used against your claim.
• Maximizing Your Compensation – Insurance adjusters may offer early injury settlements, which are usually tempting but lower than what your case is really worth. An early consultation with your accident lawyer protects you from a lowball offer. Your injury lawyer will comprehensively evaluate your damages and losses and skillfully negotiate with the insurance company to maximize your compensation.

Common Injuries After an Auto Accident

Auto accidents often result in injuries. The physical impact of a crash may range from minor to severe. Individuals may experience the following after a car collision:

• Whiplash – A neck injury caused by the sudden back-and-forth motion of the head. It can result in neck pain, stiffness, and headaches.
• Soft tissue injuries – Damage to muscles, ligaments, and tendons can lead to pain, swelling, and reduced range of motion. These injuries may not be immediately apparent, and symptoms may manifest later.
• Bruises and contusions – Impacts on the vehicle interior or objects can cause bruises and contusions. While often minor, they can indicate the force of the collision.
• Fractures and broken bones – High-impact accidents can lead to fractures or broken bones. Its severity varies, but all require medical attention.
• Head injuries – Concussions and traumatic brain injuries can occur due to head impact. Symptoms may include confusion, dizziness, and headaches.
• Chest injuries – Impact with the steering wheel or airbag deployment can cause chest injuries, ranging from bruising to more severe conditions like rib fractures.
• Back injuries – Injuries to the spine, such as herniated discs or vertebral fractures, may result from the force of the collision.
• Knee and leg injuries – Impact and collision forces can cause trauma to the knees and legs, including fractures, ligament damage, and joint injuries.
• Post-traumatic stress disorder (PTSD) – Emotional trauma from the accident may lead to PTSD. Symptoms include anxiety, flashbacks, and difficulty coping after the car accident.
• Internal injuries – Injuries to internal organs, such as the spleen or liver, may occur due to blunt force trauma. These injuries may not be immediately evident and require prompt medical attention.
• Spinal cord injuries – Severe accidents can result in spinal cord injuries, leading to paralysis or loss of motor function. Immediate medical intervention for this severe physical injury is critical.
• Burn injuries – If the accident involves a fire or explosion, burn trauma can occur. Severity ranges from mild to life-threatening, requiring specialized medical care.
• Emotional distress – Psychological trauma and emotional distress can manifest after an accident. Symptoms may include anxiety, depression, and difficulty coping with the trauma.

Knowing the range of injuries that can occur after an auto accident highlights the importance of seeking medical assistance immediately. This helps address both immediate and long-term consequences.

Hire a reliable personal injury lawyer who works closely with medical professionals. They can help you assess the extent of your physical and emotional injuries, converting them into tangible compensation amounts.

Immediate Steps After an Auto Accident

If you were hit by a negligent driver, swift and decisive actions are essential. Before getting a car accident lawyer, you must prioritize your immediate safety. Ensuring your well-being not only safeguards your health but also establishes your groundwork for any potential legal proceedings that may arise.

At this initial stage, you have to focus on these measures:

Seeking Medical Attention

It is always safe to err on the side of caution. Even if your injuries seem minor, seeing the doctor immediately is important. Some injuries may manifest or worsen over time. Moreover, a comprehensive medical evaluation provides a documented record of any harm suffered. This documentation will aid your recovery and may serve as vital evidence if legal action becomes necessary. Delaying going to a doctor could jeopardize your health and any potential claims you might make later.

Contacting Emergency Services

Your first and foremost concern after a car accident is to dial 911 immediately. If necessary, contact local law enforcement and request medical assistance.

Report the incident directly to ensure medical personnel and law enforcement arrive at the scene to address injuries, manage traffic, and create an official record of the accident, which can later prove invaluable for legal purposes.

When you are uncertain about the extent of injuries and property damage you can claim, seek assistance from an accident attorney.

Gathering Information At The Accident Scene

While waiting for emergency services, gather essential information at the accident scene. You should exchange contact information and insurance details with the other party involved. Capture photographs of the vehicles, license plates, and the overall scene. Having a visual record can be handy later.

If there are any witnesses, obtain their contact information. Witness information can be vital when consulting with an auto accident lawyer.

Expensive Mistakes People Do After an Auto Accident

After the auto accident, be vigilant and strategic in your actions. Some mistakes can have consequences that could potentially jeopardize your car accident claim. Avoiding these common oversights can help protect your legal interests and create a more favorable resolution.

Here is a list of things you should NEVER do after a car accident:

1. Leave the scene. When you abandon the scene, it may result in legal consequences. It is best to stay at the accident scene until law enforcement allows you to leave.
2. Postpone consultations with medical professionals. Some victims skip medical consultation or treatment because they assume they have no injuries.
3. Delay the report to your insurance company. It will complicate the claims process.
4. Ignore the statute of limitations. There is a specified timeframe for filing a claim in your jurisdiction. Unable to file within the period may forfeit your right to legal action.
5. Post on social media. Avoid posting details or pictures on Facebook, X, Instagram, and other social media platforms. Insurance companies and legal adversaries may use this information against you.
6. Accept the quick settlement the insurance company offers. Do not accept these offers because they might not fully cover the losses and damages from the accident.
7. Sign documents without understanding the contents. Do not give a sign to the other party involved or their insurance. The best thing to do is consult with an attorney.
8. Blame yourself for the accident. Do not admit or apologize even if you are at fault. You do not have all the information right away, and blaming yourself or apologizing can be misconstrued as an admission of guilt. Always stick to factual statements when discussing the accident.

Understanding Insurance Coverage – FAQs on Auto Insurance

After promptly addressing the consequences of the auto accident, you should anticipate engaging with your insurance company or the other parties involved.

Explore these frequently asked questions on car insurance to help you make informed decisions.

Are there more than one type of auto insurance?

You need to know and understand your insurance coverage. There are various types of auto insurance, including liability coverage, which pays for damages and injuries you cause to others, and collision coverage, which covers damages to your vehicle in an accident. Your policy may also include comprehensive coverage, addressing non-collision incidents like theft or natural disasters.

Familiarizing yourself with these coverage types ensures you can appropriately assess your situation and communicate effectively with insurance providers.

What are the common challenges of auto insurance?

Alongside paperwork and negotiations, delayed claims processing, disputes over liability, and undervaluation of damages are common potential hurdles when dealing with insurance companies.

During this phase, your patience is essential, but so is persistence. Ensure all communication with the insurance company is documented, and do not hesitate to follow up on the progress of your claim. Knowing the potential hurdles can help you navigate these challenges more effectively.

Should I hire a lawyer to deal with insurers?

You need to consult with auto accident attorneys before communicating with insurers. If you face challenges, such as disputed liability, insurance company resistance, or difficulties obtaining fair compensation, your lawyer can provide guidance and negotiate with the insurers. Your attorney will assess your insurance details to ensure you receive the maximum compensation.

Filing a Personal Injury Claim

It is unfortunate to be in an accident caused by negligence. If you are in this situation, you can file a personal injury claim. The nature and extent of your injuries will likely determine the value of your claim.

In certain instances, the other driver may lack insurance coverage to adequately address the extent of your losses and damages. If you find yourself in such a situation, pursuing legal action becomes a strategic move to seek compensation for the injuries and losses incurred due to their negligent actions. During this process, consulting with an experienced accident attorney is essential.

Your accident attorney will explore the compensation options for your auto insurance policy’s uninsured/underinsured motorist (UM/UIM) clause. The clause states the coverage when the at-fault party is uninsured or underinsured.

While most car accident cases are settled out of court, some go to trial. It often happens when an insurance company is reluctant to offer a fair settlement offer. By hiring a car accident lawyer, you can initiate legal proceedings against the negligent party to secure the maximum compensation you deserve.

How a Lawyer Determines the Value of Your Claim

Knowing the value of your claim is essential in securing fair compensation for the physical, emotional, and financial toll the accident has taken. It also empowers you to advocate for your rights and achieve a just resolution. However, doing this on your own may not be easy. This is where the help of knowledgeable lawyers comes in.

Determining the value of a compensation claim after an accident is a multifaceted process that involves careful consideration of various factors. According to California Civil Code (CIV) §1431.2, you might be entitled to the following damages:

Knowing this provides a clearer view of the accident’s impact on various aspects of your life that may cause financial problems later. When you are unaware of the value of your claim, you might accept small financial settlements.

What Should You Tell Your Auto Accident Lawyer?

Providing accurate information to your lawyer is mandatory for building a strong claim. Here is the list of the essential details to share with your lawyer, allowing them to assess your case and advocate effectively.

• Personal information – Full name, contact details, and address.
• Accident details –  The Date, time, and location of the accident, as well as the names and contact information of the involved parties and witnesses.
• Insurance information – Insurance details of the parties involved, including the policy numbers and contact information of their respective insurance companies.
• Medical records – Documentation of injuries sustained, medical bills, and treatment plans.
• Police reports and accident documentation.
• Photographic evidence – Photos of accident scene, damages, and injuries.
• Records of all communications from the insurance company.
• Employment information – Helps with the documentation of lost wages due to injuries. It verifies your employer regarding missed workdays.

If you have additional relevant documents, such as repair estimates and rental car expenses, provide them as well. This set of information increases the likelihood of a favorable outcome.

What To Expect Upon Meeting Your Accident Lawyer?

The initial consultation with your auto accident attorney is a critical opportunity for both of you to understand the circumstances surrounding the car accident. Ensure that you have all the documents your lawyer needs. They will evaluate the legal aspects of your case and discuss potential strategies that are best for your situation.

Do not take your first meeting with your accident lawyer for granted. It lays the groundwork for your claims, an opportunity to align expectations and make informed decisions about proceeding with your auto accident claim.

Common Legal Issues After an Auto Accident

Auto accidents and filing claims can be distressing. On top of that, there may be uncertainties you will face along the way.

• Comparative negligence — Individuals involved in auto accidents need to understand how comparative negligence may influence their confidence to seek compensation for damages. An accident lawyer can help you understand how this principle applies in your jurisdiction and your case. In California, the pure comparative negligence system is followed.
• Dealing with uninsured motorists — Accidents involving uninsured or underinsured motorists are challenging. An accident lawyer will contact their insurance companies to explore coverage options.
• Potential disputes over damage — Disputes over damage can encompass various aspects. It is crucial to have an accident attorney guide you through any disagreements that may arise.

Do not hesitate to ask your accident lawyer about these common legal issues.

Finding the Right Accident Lawyer in California

If you do not have the right auto accident lawyer, your chances of getting a settlement become challenging. Here is a quick guide to help you find a reliable attorney.

• Research and vet for potential attorneys. Look for lawyers with expertise in car accidents and personal injuries, especially those who have handled cases similar to yours.
• Check on client reviews and testimonials. These provide valuable insights into an attorney’s reputation, skills, and client satisfaction.
• Ask for referrals. Ask friends, family, or colleagues who have had positive experiences with attorneys.
• Engage in professional networks. Go over the local bar association. They have directories and can recommend attorneys based on their specialties.

Frequently Asked Questions

Should I get a lawyer for a car accident if I was partly to blame in California?

Yes. It is best to get a lawyer after an auto accident, even if you believe the car accident was partly your fault. While you may feel responsible for the accident, it is essential to remember that a lawyer is there to protect your rights and help you negotiate.

Can you sue an at-fault driver in California?

Yes, you can sue an at-fault driver in California if you have been involved in a car accident and have suffered damages. California operates under a traditional fault-based system for auto insurance and liability. The at-fault drivers are responsible for compensating the other party for their loss.

The California Civil Code (CIV) §1714 states individuals are responsible for the consequences of their willful acts or negligence that cause harm to others, where negligence is the central issue.

How much will I get from a car accident settlement in California?

The amount of car accident settlement in California depends on various factors, including property damage, liability, severity of injuries, insurance coverage, and other damages.

Settlement amounts can range from a few thousand to millions of dollars. Consult a car accident lawyer who can assess the value of your claim and help you negotiate a fair settlement.

How much is a whiplash claim worth in California?

Compensation for whiplash may vary depending on its severity. In California, mild to moderate cases range from $5,000 to $25,000, while those grave cases that require long-term treatment can receive compensation from $30,000 to $100,000.

Speed Dial Arash Law for Your Auto Accident Case

Experiencing the pain, damage, and loss from an auto accident is overwhelming, not to mention the medical expenses and lost wages. Whether you are at fault or not, you deserve fair compensation to help you regain control of your life. Hiring a lawyer as soon as possible after an auto accident is in your best interest.

Our car accident lawyers work on a contingency fee basis. You only pay if and only if we win your case. If we do not secure the settlement, you bear no responsibility for any expenses or fees.

At Arash Law, we are here to show you how our car accident lawyers make a difference. We handle various personal injury cases, from motor vehicular accidents involving trucks, commercial vehicles, and hit-and-runs to motorcycle incidents. We will not let a negligent party get away without compensating your loss and damages.

Arash Law, founded by Arash Khorsanid, Esq., offers free case consultation. Contact us at (888) 488-1391 today,