19 Oct Should You Get A Lawyer For A Car Accident?
If you’ve been in a car accident, you may be wondering if you need to get a car accident lawyer. After all, the other driver’s insurance company will have their own lawyers working on the case.
So do you really need one?
While the answer depends on many factors, there are many benefits to hiring a car accident attorney as soon as possible.
In this blog post, we will explore when and why you should get a lawyer for a car accident. We will also look at what kind of lawyer you should get and how they can help you with your case.
Top reasons to hire a car accident lawyer
From helping you navigate the complex legal process, and dealing with insurance companies, to protecting your rights, an experienced lawyer will work to get the best possible outcome for you.
Here are the top reasons to hire a car accident lawyer:
You are not sure if you have a case after a car accident
If you have been in a car accident, you may be wondering if you have a case. The first step is to get the medical attention you need. The next step is to consult with a lawyer who can evaluate the facts of your case and give you an opinion about whether or not you have a claim.
There are many factors that go into whether or not you have a case, including
- the severity of your injuries
- the amount of damage to your vehicle
- who was at fault for the accident
A lawyer will be able to review all of these factors and give you an objective opinion about your chances of success.
You are partially responsible for the accident
In the state of California, if you are found to be even partially at fault for a car accident, you may be barred from receiving any compensation for your injuries or damages. This is known as the doctrine of contributory negligence, and it can be applied even if the other driver was predominantly at fault.
For example, let’s say you are driving on the freeway and another driver cuts you off, causing you to swerve into oncoming traffic and get hit head-on.
Even though the other driver caused the accident, if you are found to be even 1 percent at fault for swerving, you may not be able to recover any damages.
This can be a harsh rule, especially when an accident is not entirely your fault.
That’s why it’s important to have an experienced car accident lawyer on your side who can investigate the accident and build a strong case. Your car accident lawyer will be able to show why you should not be held responsible for any contributory negligence.
You did not cause the accident
Even if you were not at fault for the car accident, you may need to hire a lawyer. There are situations where it may be beneficial to have legal representation in this case. For example, if the other driver was intoxicated or if there is disagreement about who was at fault, a lawyer can help protect your interests.
In addition, even if you were not at fault, the other driver’s insurance company may try to lowball you on the settlement. An experienced car accident lawyer will know how to negotiate with insurance companies to get you the maximum compensation possible.
Your insurance company is not willing to negotiate or is acting in bad faith
If you’ve been in a car accident and your insurance company is not willing to negotiate or act in good faith, you may need to get a lawyer.
Here are the signs you need a car accident lawyer:
- Your insurance company is not returning your calls or is offering you an unfair settlement
- The other driver’s insurance company is offering you a lowball settlement
- You have been in an accident with a hit-and-run driver or an uninsured motorist
- The insurance company is misleading you as to the terms of your insurance policy
You have sustained serious injuries
A clear indication that you need to hire a car accident lawyer is the severity of the injuries you have sustained.
If you have sustained serious injuries in a car accident, it is important to seek medical attention as soon as possible. Once you have received treatment for your injuries, you can contact your local Yuba City accident attorney.
This is vital if your injuries are severe such as a traumatic brain injury that require long-term treatment. Car accidents, according to the CDC, are one of the top causes of TBIs.
You will also need a lawyer if you are unable to work because of your injuries, resulting in lost wages and emotional trauma.
You are worried you can not pay for your treatment
In California, the “no-pay, no-play” laws limit the compensation individuals can recover if they are not insured and are involved in a car accident.
The purpose of these laws is to encourage people to purchase car insurance and to make sure that those who do are not penalized for doing so. Under these laws, uninsured drivers may be barred from collecting non-economic damages, such as pain and suffering, after an accident. These laws typically do not apply to accidents involving motorcycles or commercial vehicles.
Hiring a car accident lawyer, in this case, is crucial to understand your options and recover the maximum amount of damages that you are entitled to.
You want to prove the other driver’s negligence
If you are involved in a car accident and believe that the other driver was at fault, it is important to consult a car accident attorney.
There are many ways to prove that the other driver was negligent. For example, if they were speeding, ran a red light, or made an illegal turn, that would likely be considered negligence. If they were under the influence of drugs or alcohol, that would also be considered negligence.
In order to prove negligence, your lawyer will work with you to gather evidence such as police reports, witness statements, and pictures or videos of the accident scene. An experienced car accident lawyer can help you gather this evidence and build a strong case against the other driver.
There are multiple parties involved in the accident
In some cases, there are multiple parties involved in the accident: the other driver, pedestrians, the other driver’s employer, or in the case of Uber or Lyft accidents, the ridesharing company.
Each of these parties will have its own version of what happened, and it can be difficult to sort out who is telling the truth. In addition, it can be difficult to figure out who is at fault and who will pay for the damages.
An experienced car accident lawyer can help you investigate the accident and build a strong case for liability.
You are unsure of the amount to claim
Car accident settlements are calculated taking into account the:
- Medical bills
- Property damage
- Pain and suffering
- Lost wages
- Emotional distress
While the actual amount you can recover will depend on the specifics of the case, the average amount that was recovered for bodily injury in 2021 was $20,235, according to the Insurance
Information Institute.
If you are unsure of the amount to claim, it is best to consult with a lawyer. A lawyer can help you determine the quantum of damages you may be entitled to and can help you negotiate a fair settlement with the insurance company.
When is the right time to hire a car accident lawyer?
There is no one-size-fits-all answer to the question of when is the right time to hire a car accident lawyer. The timing will depend on the specific facts and circumstances of your case.
However, in general, it is advisable to speak with a lawyer as soon as possible after an accident. This is because there are many important deadlines that may apply in your case, and an experienced lawyer can help you navigate the complex legal process.
Additionally, an attorney can help you gather evidence and build a strong claim for compensation. If you wait too long to hire a lawyer, you may jeopardize your chances of recovering fair compensation for your injuries.
How to find the right car accident lawyer in California
There are a number of things to consider when looking for the right car accident lawyer in California. The first step is to understand the different types of lawyers that practice in this area of law.
There are personal injury lawyers, who handle cases involving injured people. There are also property damage lawyers, who handle cases involving damage to property, and there are also product liability lawyers, who handle cases involving defective products.
Personal injury
A personal injury attorney will work on the behalf of the client who is injured in a car accident. The attorney will gather evidence, interview witnesses, and file paperwork with the court.
If your car accident was caused by someone else’s negligence, a personal injury attorney can also help you pursue a claim against the responsible party. An attorney can also help if you’ve been hit by an uninsured or underinsured driver. In these cases, you may be able to make a claim against your own insurance company. But getting fair compensation from insurers is often difficult, and it’s important to have an experienced advocate on your side.
The attorney may also negotiate with the other driver’s insurance company. If a settlement cannot be reached, the case may go to trial. In this case, the personal injury lawyer will be there to represent you and fight for the best possible outcome.
Property damage
A property damage lawyer can help you if you’ve been in a car accident and your vehicle has been damaged. They can help you recover the cost of repairs, or if your vehicle is totaled, they can help you get a fair market value for your car. They can also assist you if you’re having trouble getting your insurance company to pay out your claim.
Product liability
There are three types of product defects that can give rise to a claim for damages: design defects, manufacturing defects, and marketing defects. A product liability lawyer can help you determine whether you have a claim against the manufacturer, distributor, or retailer of the defective product.
Design defects occur when the product is not reasonably safe for its intended use. For instance, a car’s faulty design could lead to a brake failure causing an accident.
Manufacturing defects occur when the product is not manufactured according to the specifications set forth by the designer. To prove a manufacturing defect, you must show that the defect made the product unsafe and that the manufacturer knew or should have known of the defect.
Marketing defects occur when the product is not properly labeled or advertised. Claims can arise when a product fails to meet the reasonable expectations of the consumer, such as when a product lacks adequate warnings or instructions.
If you have been injured by a defective product, you should contact a product liability lawyer to discuss your case. A lawyer will be able to help you determine whether or not you have a valid claim and what type of compensation you may be entitled to.
There have been many instances of automobile fraud, where dealerships have sold lemons to unsuspecting consumers. In some cases, the dealer may not even know that the car is a lemon. In other cases, the dealer may be aware of the problem but try to sell the car anyway.
In the state of California, there is also a lemon law that protects consumers from being taken advantage of by automobile dealerships.
Per the law, if a consumer purchases a new car and it turns out to be a lemon, the dealership must either replace the car or refund the purchase price.
If the dealership does not do either of these things, the consumer can take the help of a consumer protection lawyer to sue the dealership and recover damages.
After you have determined which type of lawyer you need, you should begin your search by asking friends and family for referrals. It is possible for you to find a Yuba City lawyer who specializes in all three – personal injury, consumer protection, and property damage.
If you do not know anyone who has used a car accident lawyer in California, you can also search online directories. When searching online, be sure to read reviews of the lawyers you are considering before making your final selection.
Once you have narrowed down your choices, you should set up a consultation with each of the lawyers you are considering. Be sure to pick a personal injury lawyer who offers a free consultation.
During these consultations, be sure to ask about the lawyer’s experience handling cases like yours, their success rate, and their fees.
Hire the best Yuba City lawyer to achieve the best outcome
You should always consult with a lawyer after a car accident, even if you don’t think you need one. Our expert car accident lawyers at The Law Offices of Steve Gimblin can help you understand your rights and ensure you receive full and complete compensation for your injuries.
Schedule a free consultation to know about our services.
No Comments