When Do You Need An Attorney For A Car Accident?

Posted on: 26 November 2019


Most people may assume you do not need an attorney to deal with the aftermath of a car accident. Typically, the injured party would file on the insurance policy of the party at fault. However, there are some circumstances in which a car accident attorney is useful or even necessary. Here are some examples:

When You Are in a No-Fault State

Some states are no-fault when it comes to insurance. This essentially means the insurance of each party will pay their own bills for any damage and injuries. However, there are times when this will not cover any damages, particularly if the at-fault driver does not have insurance. If you are severely injured and the insurance coverage does not cover all of your damages, you can retain an attorney to file a personal injury lawsuit. To be a severe injury, you typically need to have at least one of the following characteristics:

  • Bone fractures
  • Disfigurement
  • Major limitation of body use or function
  • Any injury resulting in permanent or temporary disability

If your injuries fall into these categories, your attorney can file a lawsuit against the insurance of the person who caused the injury. If the party at fault had no insurance coverage, you can sue the person individually.

When You Negotiate With Insurance Companies

If you need to negotiate a settlement with the insurance company of the party at fault, you may want to hire an attorney to help you. These negotiations can be complex, and your attorney will have the expertise to ensure you receive a fair settlement. The insurer may attempt to place partial fault on you for the accident or claim that you did not need certain medical treatment. They can then deny some or even all of your claim. An attorney will help you navigate this process and ensure you have the necessary evidence to adequately prove your personal injury claim.

When Someone Passed Away in the Accident

Sadly, some car accidents result in the death of a victim. If you lost a loved one in a car accident, the damage left can behind is catastrophic in many cases, particularly if the deceased was the primary breadwinner in their family. This is something you definitely need an attorney's help with. You will need an attorney to sue for not only personal injury but also wrongful death.

If you were in a car accident and suffered damages, it is best to at least consult with a personal injury attorney before you make any major decisions.