Should I Get an Attorney After an Accident that Wasn’t My Fault?
In the aftermath of an accident that wasn’t your fault, it’s natural to have many questions. How bad is the damage? Who will pay for repairs? If you’re injured, how severely? How will you pay your medical bills, especially since you must take time off work to recover? What if the other driver tries to blame you?
Another important question you may have is, “Should I get an attorney after an accident that wasn’t my fault?”
Yes, you certainly should get an attorney after a car accident another driver caused. A personal injury lawyer can review your case, advise you of your options, and represent you throughout the process to increase your chances of getting the full and fair compensation you deserve.
Read on to learn about the importance of hiring an attorney after a car accident. You can also contact a Tulsa car accident lawyer today for a free consultation to learn how they can help.
Reasons to Hire an Attorney
Protecting your rights
After a car accident, you enter a complex web of legal rights and responsibilities. An experienced attorney can help you navigate this terrain and protect your rights. They can advise you on what to say (and what not to say) to insurance companies, police officers, and other parties involved in the accident. This guidance can be crucial in preventing you from inadvertently saying something that could be used against you later.
Moreover, an attorney can help you understand the full scope of your legal rights. For instance, you may be entitled to compensation for things you haven’t even considered, such as future medical expenses, lost earning capacity, or emotional distress. Without legal representation, you might unknowingly waive these rights or settle for far less than you deserve.
Dealing with Insurance Companies
Insurance companies are businesses, and their primary goal is to maximize profits. This often means minimizing the amount they pay out in claims. When you’re dealing with an insurance company on your own, you’re up against a team of professionals who handle accident claims every day. They know every trick in the book to reduce their liability and lower your settlement.
An attorney levels the playing field. They understand the tactics insurance companies use and can counter them effectively. They can handle all communication with the insurance company, relieving you of the stress and pressure of negotiating. Plus, insurance companies often take claims more seriously when an attorney is involved, potentially leading to higher settlement offers.
Assessing the Full Extent of Damages
In the immediate aftermath of an accident, it’s easy to focus solely on the obvious damages—your wrecked car, your current medical bills, your missed days at work. However, the true cost of an accident often extends far beyond these initial expenses.
An experienced attorney can help you assess the full extent of your damages, both current and future. This might include:
- Long-term medical care and rehabilitation
- Lost future earnings if your ability to work is impacted
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
By considering all these factors, an attorney can help ensure that any settlement or judgment truly reflects the accident’s full impact on your life.
Navigating Complex Legal Procedures
The legal system can be daunting, especially when you’re trying to recover from an accident. There are strict deadlines to meet, forms to file, and procedures to follow. Missing a single deadline or filing the wrong paperwork could jeopardize your entire case.
An attorney can handle all these complex procedures for you. They know the ins and outs of the legal system and can ensure that everything is done correctly and on time. This allows you to focus on what’s most important—your recovery.
Maximizing Potential Compensation
When all is said and done, pursuing a legal claim after an accident aims to receive fair compensation for your losses. An attorney can significantly increase your chances of maximizing this compensation.
They can build a strong case on your behalf, gathering evidence, interviewing witnesses, and working with experts to prove the extent of your damages. They can also anticipate and counter any arguments the other side might make to reduce your compensation.
Moreover, an experienced attorney knows what similar cases have settled for in the past. This knowledge can be invaluable in negotiations, helping to ensure that you don’t settle for less than your case is worth.
Situations Where an Attorney May Be Particularly Beneficial
- Severe injuries or long-term health effects: If you’ve suffered severe injuries or face long-term health consequences, the stakes are much higher. An attorney can help ensure you receive compensation that covers ongoing medical care, rehabilitation, and any necessary lifestyle adjustments.
- Disputes over fault: When fault isn’t clear-cut or is being contested, an attorney becomes invaluable. They can gather evidence, interview witnesses, and work with accident reconstruction experts to build a strong case proving the other party’s liability.
- Multiple parties involved: Accidents involving multiple vehicles or parties can quickly become complicated. An attorney can sort through the complexities, determining who’s at fault and pursuing compensation from all responsible parties.
- Accidents involving commercial vehicles: When a commercial vehicle, such as a truck or bus, is involved, you’re not just dealing with an individual driver but potentially with large companies and their teams of lawyers. An experienced attorney can level the playing field and navigate the additional regulations and insurance issues that come with commercial vehicle accidents.
- Cases with potential for punitive damages: In cases of extreme negligence or intentional misconduct, you may be entitled to punitive damages. An attorney can recognize these situations and argue effectively for additional compensation beyond standard damages.
Potential Drawbacks of Hiring an Attorney
While there are many benefits to hiring an attorney after a car accident, it’s important to consider potential drawbacks as well.
- Legal fees and costs: The most obvious potential drawback is the cost. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. While you don’t have to pay anything upfront, the attorney will receive a percentage of your final settlement or award. However, studies have shown that accident victims who hire attorneys typically end up with higher net compensation (even after legal fees) than those who handle claims on their own.
- Time investment: Working with an attorney can require a significant time investment on your part. You’ll need to meet with your attorney, provide documentation, possibly attend depositions or court hearings, and be available to answer questions and make decisions about your case.
This time commitment can be challenging, especially if you’re trying to recover from injuries or return to work. However, many people find that the time invested is worth it for the peace of mind and potential for a better outcome.
An Attorney Can Help with Minor Accidents, Too
Some people may think they don’t need an attorney after a minor fender-bender with no injuries and clear fault. However, it’s important to be certain that your accident truly is “minor” before deciding to go it alone. Some injuries, like whiplash or concussions, may not be immediately apparent. Additionally, the driver or their insurance company may dispute what seems like clear-cut fault and try to blame you for the accident. An attorney can help protect you in such situations and deal with the insurance company for you, even your own, to ensure they treat you fairly.
Steps to Take Before Deciding
Before you decide to hire an attorney or handle the claim on your own, there are several steps you should take:
Gather Evidence and Documentation
Start collecting all the information you can about the accident. This includes:
- Photos of the accident scene and vehicle damage
- The police report
- Contact information for any witnesses
- Your medical records and bills
- Documentation of missed work and lost wages
Having this information organized will be helpful whether you decide to hire an attorney or not.
Consult with Your Insurance Company
Notify your own insurance company about the accident, even if it wasn’t your fault. They can advise you on your coverage and may provide services like rental car coverage while your vehicle is being repaired.
However, be cautious about giving a recorded statement or accepting a quick settlement offer without first consulting an attorney.
Consider the Severity of Injuries and Damages
Take stock of your injuries and their impact on your life. Are you facing significant medical bills? Are you unable to work? Will you need ongoing treatment?
The more severe your injuries and the greater your damages, the more you might benefit from hiring an attorney.
Research the Statute of Limitations in Your Jurisdiction
Every state has a deadline for filing a personal injury lawsuit after an accident. In Oklahoma, for instance, the statute of limitations for personal injury claims is two years from the crash date. Consult an attorney quickly to protect your rights.
How to Choose the Right Attorney
If you decide to hire an attorney, choose the right one. Here are some factors to consider:
- Experience in personal injury law: Look for an attorney who focuses on personal injury law, particularly car accidents. They’ll be familiar with the relevant laws and procedures and will have experience handling cases similar to yours.
- Track record of success: Ask about the attorney’s track record. How many cases have they handled? What percentage of their cases settle versus go to trial? What kind of settlements or verdicts have they achieved for clients with similar cases?
- Communication style and availability: You want an attorney who will keep you informed about your case and be available to answer your questions. During your initial consultation, consider how well the attorney explains things and whether you feel comfortable with their communication style.
- Fee structure: Most personal injury attorneys work on a contingency fee basis, but the exact percentage can vary. Understand exactly how the attorney will calculate fees and costs and when you must pay them.
Oklahoma’s Auto Insurance Regulations
The auto insurance system in Oklahoma operates on a fault-based principle. This means the party deemed responsible for the accident is liable for any resulting injuries and damages.
Oklahoma mandates that all vehicle owners carry liability insurance for their registered automobiles. The required minimum coverage includes $25,000 for bodily injury to a single person per incident, or $50,000 if multiple individuals are injured. Additionally, drivers must have at least $25,000 in property damage coverage.
Oklahomans can enhance their protection by purchasing uninsured motorist (UM) coverage. This safeguards you and your passengers if you’re involved in an accident with an uninsured driver. However, it’s important to note that UM policies typically don’t extend to property damage.
Drivers in Oklahoma may also purchase Med Pay insurance, which provides medical expenses and funeral expenses to vehicle accident victims regardless of fault.
An attorney can review the at-fault driver’s insurance policy and determine their coverage. If the other driver’s insurance policy limits will not cover all your damages—or if the other driver had no insurance and your own auto insurance policy won’t cover your damages completely—an attorney can advise on avenues they can pursue to get the full amount of compensation you need.
Contact an Experienced Auto Accident Lawyer Today
After an accident that wasn’t your fault, one of the most important decisions you need to make is whether to hire an attorney. Legal representation often leads to better outcomes, particularly in more complex or high-stakes situations.
An experienced Tulsa personal injury attorney can protect your rights, deal with insurance companies on your behalf, assess the full extent of your damages, navigate complex legal procedures, and fight to maximize your compensation. They can be particularly valuable in cases involving severe injuries, disputes over fault, multiple parties, commercial vehicles, or potential punitive damages.
At Aizenman Law Group, we’re here to help you navigate this challenging time. Our team of experienced auto accident lawyers can review your case, explain your options, and fight for the compensation you deserve. Don’t let uncertainty about legal representation add to your stress after an accident. Contact us today for a free consultation and learn how we can help protect your rights and secure your future.
