Should I Hire Lawyer For Car Accident

Were you or a loved one recently injured in a minor car accident you didn’t cause? Let Steinger, Greene & Feiner fight for your rights. If you sustained any injuries, you’re entitled to financial compensation—and our car accident injury lawyers will help you get it. Contact our team today to get started with a free case evaluation.

What You Should Know About Minor Car Accidents

You’re sitting at the red light after a long day. You reach down to change the radio station when…BAM! You’ve been hit by another driver who wasn’t paying attention. You both step out of your cars to assess the damage. You both feel fine and your cars have very minor damage. It’s been a very long day so you decide not to call the police to file a report or exchange any information between the two of you. Hey, do you need to hire a lawyer after a minor car accident?

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Do you need to make a big fuss about all this? Maybe we can just forget the whole thing and go on about our day. After all, if you want to get home, the last thing you need is to wait on the side of the road, inconvenience all these other drivers, and sit there frustrated and emotional… so you leave.

That was your first mistake and the biggest mistake you could have made.

The Legal Necessity of Reporting Minor Car Accidents

In most states, failing to file a police report after a car accident, even if it’s just a fender bender, is illegal. It becomes a citable offense when you get in your car and drive away. It doesn’t matter if you don’t think you were injured or if the vehicles didn’t sustain damage. An accident is still an accident, even if it’s only a minor car accident.

Also, once you leave the scene of a car accident, it becomes much more difficult to get the facts straight. So, even a minor car accident becomes murky. So whether or not you want to hire a lawyer after a minor car accident, consider this your moment right here. You should think about calling the police before leaving the scene.

Aside from the legalities of the issue, you may have just ruined any potential claim you may have against the other driver. Even if there is no damage to your car.

What Constitutes a Minor Car Accident?

Minor car accidents are collisions that cause limited impact and result in minimal damage or injuries.

Some examples of minor car accidents include:

• Fender Benders: Low-speed collisions where the front or rear bumper sustains minor damage.
• Parking Lot Incidents: Scrapes, dings, or minor collisions that occur in parking lots at low speeds.
• Side-Swipes: Vehicles making minor contact along the sides, often at lower speeds.
• Rear-End Collisions: Occur at low speeds and may result in minor damage to the rear of the vehicle.

Common injuries and damages associated with minor car accidents include:

• Whiplash: Neck strain due to sudden acceleration or deceleration, common in rear-end collisions.
• Soft Tissue Injuries: Damage to muscles, tendons, and ligaments, often causing pain and discomfort.
• Bruises and Scrapes: Superficial injuries from contact with interior surfaces or seat belts.
• Property Damage: Minor dents, scratches, or damage to the vehicle’s exterior.
• Psychological Impact: Emotional stress, anxiety, or post-traumatic stress disorder (PTSD) can occur even in minor accidents.

Common Misconceptions About Minor Car Accidents

Myth #1: I don’t need to report the accident to the police.

Fact: All car accidents—minor and severe—must be reported to the police. Failing to report an accident to the police is illegal and can result in fines or even jail time. The legal consequences are greater if you leave the accident scene without exchanging information with the other driver(s) involved.

Myth #2: I don’t need to let my insurance company know about the accident.

Fact: You should promptly report any car accident to your insurance provider, even if you didn’t cause it. Most insurers require their policyholders to report accidents within a certain period to comply with your policy. Doing so also initiates the claims process and prevents you from paying out-of-pocket for damages. Plus, you never know if the other driver will end up filing a claim against you, even if they caused the accident.

Myth #3: I feel fine and don’t have any visible injuries. I don’t need to see a doctor.

Fact: Just because you feel okay and don’t see any external injuries doesn’t mean everything is fine. You could have sustained internal injuries that only medical evaluations and scans can detect. After leaving the accident scene, head straight to your primary care doctor or the nearest urgent care clinic to get checked out.

Myth #4: I don’t need to hire a lawyer to handle my case.

Fact: If you try to handle your case without legal aid, your chances of securing compensation plummet. Skilled car accident attorneys like those at Steinger, Greene & Feiner have the resources and expertise required to achieve a successful outcome. Without an attorney’s help, you risk losing out on the compensation you’re entitled to.

Myth #5: I should accept the first settlement offer I receive.

Fact: Insurance companies care more about their bottom line than your best interest. They’re notorious for employing bad faith tactics like lowballing, which is when they offer a settlement that won’t cover all your accident-related losses. Be patient, and let your car accident injury lawyer negotiate for a higher offer so you aren’t stuck with out-of-pocket costs.

Why Hire a Car Accident Attorney After a Minor Accident?

Legal Expertise and Experience

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Car accident attorneys are vital in helping clients navigate the legal complexities associated with car accidents. Their expertise and experience are valuable assets when it comes to seeking compensation for injuries, property damage, and other losses resulting from a car crash. Here are some key aspects of their expertise and experience:

Legal Knowledge

• Traffic Laws: Car accident attorneys are well-versed in local, state, and federal traffic laws. They understand the rules and regulations governing the operation of vehicles, which is essential for determining liability in an accident.
• Insurance Laws: They have a deep understanding of insurance laws, including the nuances of policies, coverage limits, and how to negotiate with insurance companies to maximize compensation for their clients.

Investigation Skills

• Accident Reconstruction: Car accident attorneys work closely with accident reconstruction specialists to analyze the scene, examine evidence, and reconstruct the events leading up to the accident. This helps establish a clear picture of what happened and who was at fault.
• Gathering Evidence: They know how to gather and preserve evidence related to your case. This includes witness statements, police reports, medical records, and surveillance footage.

Negotiation Skills

• Dealing with Insurance Companies: Car accident attorneys know how to negotiate with insurance companies and opposing legal counsel. Negotiations often involve countering unsatisfactory offers to advocate for their client’s best interest.
• Settlement Negotiations: Many car accident cases are resolved through settlements. Attorneys can negotiate on behalf of their clients to reach a fair settlement without requiring litigation.

Understanding Damages

• Assessing Past and Current Damages: Car accident attorneys can accurately evaluate their client’s losses, which might include medical bills, rehabilitative care, property damage, lost wages, and pain and suffering.
• Calculating Future Damages: They can also project future damages, especially in cases of long-term injuries or disabilities, ensuring that clients receive compensation for ongoing medical care and potential loss of future earnings.

Courtroom Experience

• Litigation Skills: A satisfactory settlement can’t always be reached in a car accident case. When this happens, a skilled car accident injury lawyer will pursue litigation and present your case before a judge and a jury. Experienced attorneys understand relevant court procedures, employ successful legal strategies, and make decisions in the best interest of their clients.

Navigating Insurance Claims

Attorneys play a crucial role in facilitating all communication with insurance companies after a car accident. Their expertise informs their interactions with these companies and helps them navigate confusing laws and regulations. Attorneys are skilled negotiators who advocate for their clients, so they receive fair compensation. They gather and present compelling evidence to support their clients’ claims and prevent undervaluation by insurance companies. By handling all communication with insurers, attorneys prevent their clients from accidentally compromising their cases by admitting fault or accepting a low settlement offer.

The Role of a Car Accident Lawyer in Minor Accidents

Case Evaluation

Lawyers evaluate the viability of a car accident case by examining various criteria and making informed considerations. Key elements in this assessment include:

1. Liability Assessment

• Clear Fault: Lawyers assess whether there is clear evidence establishing fault or negligence on the part of the other party involved in the accident.
• Traffic Laws: Lawyers look at whether those involved in a car accident abided by traffic laws and regulations to determine if a violation might have caused the accident.

2. Injury and Damages

• Extent of Injuries: Lawyers evaluate the severity and nature of injuries sustained by their client. Serious injuries often strengthen the case.
• Property Damage: The extent of property damage, including damage to vehicles, is considered as it contributes to the overall impact of the accident.

3. Evidence Gathering

• Accident Reconstruction: Lawyers may have accident reconstruction experts recreate the scene, including what events led up to the accident, to strengthen their client’s case.
• Witness Statements: Statements from witnesses and involved parties are crucial in establishing the sequence of events.

4. Insurance Coverage

• Policy Limits: Lawyers assess the insurance coverage of both parties involved, determining the adequacy of coverage to meet potential damages.
• Policy Interpretation: They carefully review the terms and conditions of insurance policies to leverage maximum coverage for their client.

5. Causation and Connection

• Proximate Cause: Lawyers establish a connection between what actions the defendant took and what injuries their client sustained to prove the former caused the latter.
• Medical Records: Reviewing medical records helps link specific injuries to the accident, strengthening the causation argument.

6. Comparative Fault

• Contributory Negligence: Lawyers consider whether their client shares any degree of fault and assess the impact of comparative negligence laws on potential compensation.

7. Statute of Limitations

• Timeliness: Lawyers ensure that the case is filed within the statute of limitations, preventing any procedural barriers to pursuing the claim.

8. Settlement vs. Litigation

• Negotiation Opportunities: Lawyers evaluate the potential for negotiating a fair settlement with the at-fault party or their insurance company.
• Litigation: If necessary, they assess the prospects of success in a court trial, considering the strengths and weaknesses of the case.

Legal Representation

The legal representation process for car accident cases typically involves several stages, each aimed at providing comprehensive support and advocacy for the injured party. Here is an overview of the process and its associated benefits:

1. Initial Consultation: The legal process begins with an initial consultation between the injured party and their attorney. During this meeting, the attorney will examine the case details to determine liability and calculate damages.
2. Investigation and Gathering Evidence: Attorneys conduct a thorough investigation of the accident. This process involves gathering all relevant evidence that could strengthen the client’s position.
3. Insurance Negotiations: Attorneys handle all communications with insurance companies, advocating for their client’s best interests. They negotiate with insurance adjusters to secure a fair settlement, taking all economic and non-economic losses into account.
4. Filing a Lawsuit: If a fair settlement can’t be reached, the attorney will file a lawsuit on behalf of the client. The attorney will guide the client through the litigation process from beginning to end.
5. Trial: In the event of a trial, attorneys represent their clients in court to secure maximum compensation on their behalf.

What to Do After a Minor Car Accident

You just got in a car accident. Things are a little stressful. Take a minute to breathe, then follow this checklist.

1. Prioritize Your Safety: Your safety is a top priority after an accident. Check for injuries, and call 911 for immediate medical assistance if you need it.
2. Contact Law Enforcement: Report the accident to the local police. If officers respond, they’ll document the incident in a police report. If they don’t, file a report at the nearest DMV. Obtain a copy of either document for future reference.
3. Exchange Information: Share your contact and insurance information with the other drivers. Get their name, phone number, insurance policy details, license plate number, and vehicle information.
4. Collect Evidence: Gather photo and video evidence to support your claim that the other driver is at fault.
5. Seek Medical Attention: Even if injuries seem minor, see a doctor or visit an urgent care clinic for a thorough examination to identify any injuries that might be hidden.
6. Contact an Attorney: Before informing your insurance company, consult with an attorney to go over what happened and create a legal strategy.
7. Notify Your Insurance Company: Promptly notify your insurance provider to initiate the claims process.

Signs You Need a Car Accident Injury Lawyer

You know it’s time to hire a car accident attorney if you run into one or more of the following roadblocks after your minor car accident.

• Your injuries are severe: If the accident resulted in serious injuries requiring medical treatment, ongoing care, or causing long-term disabilities, it’s advisable to consult with a car accident injury lawyer.
• Liability is unclear: If determining who caused the accident proves to be more difficult than expected, don’t hesitate to contact us. We’ll protect your interests and help you navigate complex legal issues.
• Multiple parties are involved: The more parties that are involved in a car accident case, the more complicated it will be. An auto accident lawyer will help you navigate these complexities.
• You had a pre-existing injury: If you had a pre-existing injury that the accident only made worse, a car accident injury lawyer can help differentiate between the pre-existing injury and new injuries caused by the accident.
• You don’t understand legal procedures: If you are unfamiliar with legal processes, filing a lawsuit, or dealing with court proceedings, having an accident lawyer can ensure that you navigate the system correctly.
• You’re experiencing persistent pain: If you experience persistent pain or if your injuries affect your ability to work or enjoy a normal life, legal representation will be life-changing.
• The opposing party won’t cooperate: If the other party involved in the accident or their insurance company is uncooperative or unwilling to negotiate in good faith, legal representation will help.

Choosing the Right Car Accident Attorney

Criteria to Consider

If you want to hire the right car accident attorney, look for these five criteria.

1. Experience: The lawyer should have experience handling car accident cases like yours.
2. Track Record: The lawyer should have a track record of winning similar car accident cases.
3. Fee Structure: The lawyer should put your needs above their own. This might look like offering a free case evaluation and not charging fees upfront.
4. Resources: The lawyer should have a wealth of resources to help them investigate evidence, evaluate losses, and build strong cases.
5. Testimonials: The lawyer should have mostly positive reviews from former clients.

Questions to Ask

Here are some of the questions you should ask any car accident injury lawyer you’re considering hiring.

• How long have you been practicing law?
• Do you specialize in pedestrian accident cases?
• Have you handled similar cases before, and what were the outcomes?
• How do you plan to approach negotiations or, if necessary, litigation?
• How will we communicate, and how often can I expect updates?
• What is your fee structure, and are there any additional costs I should be aware of?
• How involved will I be in the decision-making process?
• Will you keep me informed about major developments in my case?
• Will you personally handle my case, or will other attorneys in your firm be involved?
• How long do you anticipate the legal process will take for my case?
• What factors could potentially affect the timeline of my case?
• How often do your cases go to trial, and what is your success rate in court?
• Are you a member of any professional organizations or legal associations?

10 Mistakes to Avoid After a Minor Car Accident

But don’t move on just yet, remember these 10 things to avoid doing after a car accident:

1. Leaving the Scene of An Accident Without Reporting It To the Police

Just as we mentioned in the notes above, leaving the scene of a minor car accident without reporting it to the police is a major mistake. The Police report will be used in a minor car accident lawsuit to help the judge award the plaintiff the appropriate damages.

2. Failing To Gather Evidence At the Scene

Take as many pictures as you can, collect as many phone numbers as you can, and ask for as many accounts as you can from people nearby and let your car accident attorney sort through what is valuable and what is not. Simply collect as much evidence as possible while you still can at the scene of the accident.

3. Admitting Fault

Never admit fault, even if you believe you are at fault for the minor car accident. The fact is, you cannot possibly know who is at fault from your vantage point and you are merely attempting to understand what may have happened to form your perspective. Never admit fault. Instead, let your attorney and the police figure out who may be at fault and how much comparative fault is at play.

4. Not Seeing a Doctor

You should see a medical professional as soon as you feel as if you have sustained injuries from your accident. If you do not, and you develop any injuries from the minor car accident, it may become difficult to attribute them to the accident and not to some other wear and tear and you may find it even more difficult to be compensated.

5. Not Taking Advantage of PIP

Remember that Florida requires that you have Personal Injury Protection and that is used to make sure that you are protected in the event of a car accident. Do not feel any obligation to avoid claiming from this insurance policy if you have been involved in a minor car crash.

6. Failing to Understand Insurance Companies

Remember that insurance companies are first and foremost a business and they exist to make money and that means they want to collect and hold as much money as possible while paying out as little as possible (in theory). So when you make claims, they will try to settle for less if they can.

7. Not Reviewing the Police Report

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You must review the police report to make sure that the facts contained in the police report are correct and that you agree with them. If you do not agree, do your best to make your voice heard right then and there and get any changes made as soon as possible and before signing.

8. Taking the First Settlement Check Offered

Just like most negotiations, the first check and the first offer will be the lowest that the insurance company thinks they can offer to satisfy you while also ensuring they are not overpaying in their estimation and saving as much money on the car accident settlement as possible.

9. Trying to Settle Your Case

Though you may think that a minor car accident may not warrant a car accident lawyer, we can confidently say that clients who hire experienced attorneys earn a settlement check that is on average 3X larger than those who do not hire an auto accident attorney.

10. Not Hiring a Car Accident Lawyer

For all the reasons stated above and more, we believe it’s in your best interests to hire a car accident lawyer as soon as possible.

Don’t hesitate to call a car accident lawyer today: (800) 560-5059. Our lawyers offer free consultation 24/7 and are happy to help you make the right decisions right now.

Auto Accident Attorneys Are Free

Wait… what? The truth is that every attorney will cost you, but almost every personal injury attorney works on a contingency basis. This means that they take their fee out of the settlement they achieve for you. So, if they don’t settle for you, you don’t owe them anything!

Even better, most will talk to you for free during a case evaluation. You can make an appointment, speak with an experienced car accident lawyer, talk to them about any settlement offers you’ve been given, and ask about your rights under current state law.

This means that money won’t be a deciding factor when you are thinking about hiring an attorney. It also means that you should speak to a car accident lawyer following your collision. You have nothing to lose and potentially a lot to gain.

Frequently Asked Questions

1. What will my car accident lawyer do?

Your car accident lawyer will help you throughout the legal process, from the initial case evaluation to litigation. They’ll be there to support you every step of the way, including answering your questions and concerns.

2. Will my car accident lawyer deal with the insurance companies for me?

Yes. One of your lawyer’s roles is to handle all communication and negotiations with insurance companies involved in your case.

3. Do I need an attorney to get a car accident settlement?

While you don’t technically need an attorney to reach a settlement, your chances of securing a satisfactory settlement increase significantly when you hire a lawyer to represent you.

4. What is a fair settlement for pain and suffering?

No dollar amount can make up for the pain and suffering you’ve experienced as a result of your car accident. However, financial compensation can help ease the financial burden associated with the aftermath of a car accident, which will give you peace of mind. A car accident lawyer calculates the cost of non-economic losses like emotional pain and suffering to ensure fair compensation.

Get the Help You Need After Your Minor Car Accident

If you were involved in a minor car accident in Florida, give the car accident lawyers at Steinger, Greene & Feiner a call today. It will cost you nothing to speak with a member of our team, and we are more than willing to review your legal rights with you to be sure you understand each of your options in depth. In 2018, Florida had almost 400,000 car accidents. Florida had over 3,000 car accidents that led to a fatality in 2019.

Our family is here for yours. We will fight tirelessly on your behalf, working to secure the compensation you are entitled to. Don’t rely on an insurance company to do what’s right; rely on us instead. Give us a call 24/7; justice never sleeps.

This article was originally published on September 14th, 2020, and was updated on December 5th, 2023.

Source: https://tholansonnha.com
Category: lawyer