Are you wondering, Do I need a lawyer for a car accident claim? Or are you concerned about the timing and when to hire an attorney after a car accident? While there is no legal requirement that you hire a car accident lawyer—and we certainly encourage every accident victim to consult one—there are certain instances when you should. At The Beliz Law Firm, we compiled a list of the five most common reasons you should hire a car accident lawyer to assist you.
Should I Get an Attorney for a Car Accident?
After a car wreck, you undoubtedly have a lot on your plate, from doctor appointments, medical bills, worrying about returning to work, and much more. Getting a lawyer for a car accident is probably far from the forefront of your mind; however, it is essential to consider. There are several instances when you should consider hiring a lawyer, but there are five instances in which you should always hire a car accident lawyer.
You Suffered Serious Injuries
Although it may seem obvious to hire a car accident lawyer if you suffered severe injuries in a crash, sometimes the severity of the injury and the negative impact it will have on your life are not immediately apparent. Suppose you endured serious injuries and trauma as the result of a motor vehicle accident. In that case, you want to ensure you hold the responsible party liable and receive the compensation you deserve. Hiring an attorney is the best way to get the recovery that you and your family deserve.
The Insurance Carrier Denied or Delayed Your Claim
Seldom do insurance companies automatically pay out adequate compensation on a claim. If you file a car accident claim with the insurance carrier and run into roadblocks, it is time to call a lawyer for advice, guidance, and advocacy. If insurance denies or delays your claim, an attorney can help expedite the process. Seeking reimbursement and compensation from insurance companies can be challenging, especially if there are multiple vehicles and layers of insurance to get through. Negotiating with insurance adjusters requires a skilled negotiator to get a fair and adequate offer. Insurance companies might offer you a settlement upfront, but it is often extremely low and less than satisfactory.
Multiple Parties Are Involved
Whether it was a multiple-vehicle crash or there are multiple parties because one was a commercial vehicle, when there is more than one party involved, the claim can quickly become complex. Identifying the liable party or parties and applicable insurance policy can be challenging to do on your own. You should hire a lawyer to assist you when you must contend with multiple parties, all dispelling any responsibility.
You Might Be Partially at Fault
California follows a comparative fault approach to negligence cases. In other words, a car crash victim can still recover damages if they are partially at fault for the accident. In California, you can recover damages even if determined to be 99% responsible for the accident. For example, if the jury awards the plaintiff $500,000 but finds they are 20% at fault, they will walk away with $400,000 (less $100,000 or 20%). You must have an attorney representing your interests to ensure you are deemed at little or no fault of the accident.
Difficulty Determining Liability
Sometimes, determining the cause of the accident is straightforward. For instance, it is undisputed that the defendant ran the red light and crashed into your car because they were intoxicated. In a situation like that, liability is pretty straightforward. However, determining liability is sometimes much more complex and can be more than one party.
Figuring out who is responsible for causing the accident can be tricky when a commercial vehicle is involved because, often, the driver is different from the owner of the car or the business. In this instance, other individuals in addition to the driver may be liable, including:
- The vehicle owner,
- The business owner, and
- A warehouse or distributor that may have unsafely loaded the commercial vehicle.
Determining liability can also be complicated in other scenarios not involving commercial vehicles, including:
- Multi-car accident,
- The car has a manufacturing defect, or
- A mechanic or service center caused a defect.
Notably, there is often more than one contributing factor to the accident. For instance, a manufacturing defect caused a brake failure, but the other vehicle also ran a red light. It can be challenging to figure out who is responsible and what percentage of fault in an accident. Let a skilled personal injury lawyer expertly investigate, navigate, and negotiate your claim.
When to Hire an Attorney After a Car Accident
There are two main reasons you want to hire a lawyer sooner rather than later after a car crash.
Statute of Limitations
In California, personal injury cases, including those stemming from a car accident, must be initiated within two years from the accident date. This is the statute of limitations or time frame for filing your claim. Even if you have serious injuries, that will not necessarily allow you more time to file a lawsuit. Certain exceptions may toll or pause the two-year deadline, and some exceptions can significantly reduce your time to file. For example, a minor child typically has two years from their 18th birthday to initiate a lawsuit, potentially allowing several years to pursue a claim. When dealing with the ramifications of a car crash, it is easy to lose track of time. Consulting with an experienced attorney as soon as possible will ensure you preserve your rights.
Fresh Recollection
When thinking about when to hire an attorney, keep in mind that the more time passes, the more memories and recollections will fade. You want to pursue your claim when your memory and witness recollection are fresh. This will lead to more reliable, persuasive evidence.
Long Beach, California, Car Accident Attorney
Still trying to figure out when to get a lawyer for a car accident? Call us for a free case assessment. At The Beliz Law Firm, we pride ourselves on providing large firm representation with a personalized, empathetic approach. Let us get started on your claim today.