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6 min read

Should You Get a Lawyer After a Car Accident?

12 signs you need a personal injury lawyer after a car accident.

A car accident can be a devastating experience. Dealing with the aftermath of your accident can be expensive, time consuming and serious.  But it’s hard to know whether you need a lawyer’s help to resolve your case, especially at the beginning. When should you get legal help, and when shouldn’t you?  Here are twelve surefire signs that you should hire a lawyer after your car accident.

1. The Accident Caused Serious Injury or Death
2. Injuries from the Accident Result in Large Medical Costs
3. A Party Involved was Intoxicated or Under the Influence
4. You Missed Time from Work
5. An Uninsured Motorist Was Involved in the Accident
6. One of the Parties Fled the Scene
7. Time has Passed Since the Accident
8. The Accident Involved a Commercial Vehicle
9. The Insurance Company is Blaming You
10. The Police Report Isn't Accurate
11. You're Unsure if Your Insurance Company is Acting in Good Faith
12. Other Attorneys Are Involved

 

YES! Hire an attorney if…

1. The Accident Caused Serious Injury or Death

If anyone was seriously injured or killed in the car accident, contact an experienced accident lawyer right away. Accidents involving serious bodily injury, internal injuries, or death can result in a complicated lawsuit. You may need to file a personal injury lawsuit against the at-fault driver to recoup the cost of the medical treatment for your injuries.

You may not be sure how serious your injuries are. Often, you will find yourself feeling like your pain is not getting better, the initial treatment doesn’t seem to be working, and you start to question whether you will ever improve. This could also be a serious injury. If this describes your situation, a lawyer is your best option. 

2. Injuries from the Accident Result in Large Medical Costs

Car accident injuries can cause financial stress. If you are receiving large medical bills and are worried about how you’ll pay for treatment, this is a sure sign you should speak with a lawyer.  Your lawyer can help you get treatment now and not have to pay for it until the insurance money is received.  Large medical costs could also help you get a larger total offer.

Get in touch with Muller Brazil if you need a car accident lawyer in Philadelphia

3. A Party Involved was Intoxicated or Under the Influence

If you are injured by a driver that was under the influence, you should speak to a lawyer immediately. These cases can be more complex because they can involve both a criminal and civil suit. The result of the criminal suit can affect your case. You will likely win your case if the driver is convicted. Their insurance company will try to settle out of court before your civil case goes to trial. You should retain an experienced accident attorney to help you navigate your case.

4. You Missed Time From Work

If you were hurt so badly that you can’t return to work after a car accident, a lawyer can make sure that you maximize the compensation you receive. Some people are injured so severely in car accidents that their earning capacity is impacted for life. Insurance companies typically undervalue this area of damages, and a lawyer can help you get fair compensation for all of your past and future lost wages.

5. An Uninsured Motorist Was Involved in the Accident

If one or more of the parties involved did not have insurance at the time of the car accident, you should hire a car accident attorney right away. Pennsylvania law requires vehicle owners to maintain auto insurance. Although most drivers are responsible and carry insurance that complies with the financial responsibility law, some people drive without insurance.

Unless specifically rejected, auto insurance policies in Pennsylvania include uninsured motorist coverage, but this might not be enough to cover the cost of your damages and treating your injuries. An experienced lawyer can help you evaluate your options and, if appropriate, file a civil lawsuit for money damages against the uninsured party.

6. One of the Parties Fled the Scene

Drivers who flee the scene may do so because they are driving without valid licenses or are afraid of being arrested for a crime, like driving while intoxicated. In response to the ongoing problem of drivers with no insurance, insurance companies offer what’s known as uninsured motorist coverage (UM). This insurance helps pay for your damages when you can’t identify the other party or when the other driver doesn’t have insurance.

If you were injured by a driver who fled the scene, an experienced attorney can help evaluate your options and seek compensation for your injuries.

7. Time has passed since the accident

In Pennsylvania, you are required to file a lawsuit after an accident before a deadline known as the statute of limitations has passed (typically two years from the date of the accident). If a lot of time has passed since your accident, you should talk to a car accident lawyer right away to make sure you haven’t missed this deadline.

A lawyer can ensure that you comply with all procedural requirements related to your case and don’t miss any critical deadlines. If you are coming up on your deadline, you cannot assume the insurance company will be fair with you. In that case, you should act quickly and hire a lawyer.

8. The Accident Involved a Commercial Vehicle

A car accident with another passenger vehicle can be a traumatic and confusing experience. A car accident involving a commercial vehicle can be even more complicated, since there are parties other than the driver that may be at fault including the driver’s employer, the entity that owns the vehicle and the company responsible for its maintenance. 

Because of the complexity involved in commercial vehicle accidents, you should retain a lawyer to ensure your rights are protected.

9. The Insurance Company is Blaming you

If the insurance company is blaming you for the accident or there is a dispute as to who is to blame, your best bet is to retain an attorney to protect your rights. Insurance companies do not have your best interest in mind. They can use deceptive tactics including disputing injuries, who is to blame, medical bills and even outright denying your claim. 

If the cause of an accident is in dispute, you should retain an attorney who can gather the facts and present the facts as they happened. You will need someone to represent your interest against the insurance company.

10. The Police Report Isn't Accurate

If the police report or insurance communications do not look accurate, you should retain a lawyer immediately. An experienced accident lawyer can address incorrect documentation and potentially have documents amended to reflect the facts as they happened. You do not want insurance companies to be able to use incorrect documentation against you to deny your claim. Your best bet is to hire a lawyer.

11. You're Unsure if Your Insurance Company is Acting in Good Faith

Insurance companies are in business to make money. Their job is to pay the least amount possible. Once they put a dollar amount on your injuries, they don’t care whether the treatment worked or not. Get someone on your side who is there to represent your interests, and force them to take you seriously. 

Insurance companies acting in bad faith can take many forms. Often the insurance company will say you didn’t report your injury soon enough or made it “worse” by not seeking treatment.  They can try to deny claims based on a variety of factors or even blame you for the accident. This is their way of saying they won’t pay. You need representation.

12. Other Attorneys Are Involved

If another attorney is already involved representing another party, you should hire a lawyer. The other attorney is going to represent their client and try to paint the accident as they say it happened. This could leave you with the short end of the stick or facing blame for an accident you did not cause. In this situation, you should hire your own attorney to make sure your interests are also represented.

No! You don't need to hire an attorney if…

No one was injured in the accident.

Generally, if no people were hurt, or there was no damage (no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim.

Just be careful making this judgment of “no injuries” yourself. What may seem relatively harmless at one point may turn out to be an issue later. If you were in a vehicle at the time of an accident, you certainly want to seek medical attention. You'll want to hear a doctor clear you of any risk too.

You're satisfied with the results of the insurance claim.

In rare instances, there just isn't enough upside to working with an attorney during the claims process. It is important, however, to have a high level of confidence that something unexpected isn't going to happen. Once you sign off on an agreement, you'll likely never have the chance to seek more money ever again.

Most injury and accident law firms offer free initial consultations, so feel free to ask around and get some advice before going forward with your claim. If it seems clear to you that your case doesn't have sufficient long-term risks or expected compensation, it may be a smarter move to settle with the insurance company and get on with your life.

do you need a lawyer after a car accident?
Request a Free Case Evaluation

If you or a loved one have been involved in a car accident and you are debating whether to hire a lawyer, contact us for a free case evaluation.  We would be happy to take you through the process and help decide whether you should hire an attorney for your case.

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Meet the Author

Max Muller - Founding Partner

Maximillian J. Muller is a founding member of Muller Brazil and My Vaccine Lawyer. Mr. Muller is an experienced litigator in both Federal and State Courts in the areas of vaccine injury, unsafe drug and medical device injury, personal injury, mass torts, and bad faith. Mr. Muller prides himself on keeping Muller Brazil on the cutting edge of injury litigation and running a client-focused practice.

Learn more about Max Muller