After an accident, car accident victims are often left to deal with serious injuries and rising medical bills on their own. Insurance companies often offer accident victims a low-ball settlement that is just a fraction of what they need to recover.
When To Call A Lawyer After A Car Accident?
These insurance companies don’t have your best interest in mind the only people they have in mind are their shareholders and reducing their liabilities. They may pressure accident victims into signing a settlement too quickly and you could end up with less than you need to cover your injuries.
The moment your accident occurred, a clock started ticking. It’s a countdown to the first financial hit coming your way as a result of your injuries. For most folks, that first hit is a missed paycheck. Then the first medical bill comes in, and there won’t be just one. Pretty soon, you find yourself with a financial problem that you don’t know how to solve.
That’s why it’s important that you call one of our experienced car accident attorneys as soon as possible following your accident. This ensures that our team can collect important evidence and witness accounts that could be lost over time. It also allows our legal team to go to work quickly to build a strong case for you. The sooner you call, the sooner you can get the compensation you deserve for your accident.
Also Read: Should I Get A Lawyer For A Minor Car Accident - Must Know
Steps to Take After a Car Accident
Immediately after you are injured in a car accident, there are steps you can take to help you collect the compensation you need.
Call 911 – Call 911 and report your accident, which helps alert both police officials and emergency medical teams to the scene of the accident. Your police report and your medical report will be invaluable when establishing fault and liability. Without them, it’s just your word against theirs.
Gather Evidence – Gathering evidence can be done easily now that we have smartphones. Snap pictures of license plates, eyewitness information, vehicle damage, traffic patterns, intersections, and any other important information that could help your lawyer establish fault.
Contact a Lawyer – Insurance companies will always seek to reduce their liabilities by offering accident victims a low-ball settlement offer. This is usually a fraction of what you need to recover. Contact an experienced car accident attorney immediately to begin building your case. Remember, contacting an attorney is not the same thing as filing a lawsuit.
What Not to Do After a Car Accident
While it’s important to know what to do after a car accident, it’s equally important to know what NOT to do. Immediately after your accident, avoid making these serious car accident mistakes.
Not Reporting Your Accident – Sometimes it can be tempting to just exchange information with the other driver and go on your way, especially if you don’t believe you’ve been injured. Unfortunately, some car accident injuries can take days and even weeks to become fully apparent. Always report your accident and obtain a police report.
Admitting Blame – It’s human nature to apologize – even when we are not wrong. Yet after a car accident, saying “I’m sorry” can be used to show that you admitted fault for the crash. Even if you believe that you were partly to blame, do not admit fault.
Accepting Settlement – The insurance company will often use a “take it or leave it” approach to pressure injured accident victims into accepting a settlement that is far below what they need to truly recover. Don’t sign anything without first speaking with an attorney.
Also Read: How To Apply Attorney for Car Accident Claim - Must Know
What is the Statute of Limitations?
In the state of Arkansas, car accident victims only have three years from the date of the accident to file a claim. While this may seem like a lot of time, three years can pass quickly after a crash. You may be injured severely and focused on recovery and on improving your life. You may be struggling to make ends meet and trying to help your family stay out of bankruptcy after an accident. During this time, valuable evidence might get lost or even destroyed. Contact an experienced lawyer for your car accident immediately to begin building your case and to avoid missing any critical deadlines.
If you’ve been injured in a car accident, don’t wait to get the legal help you need. Call our car accident attorneys today for a free consultation. We’re ready to help you get maximum compensation for your injury claim.
When to Call a Lawyer
Not everyone who has been involved in a car accident will need to seek legal representation. However, if your accident was severe or complex, then it’s necessary to call a lawyer as soon as possible, so they can begin building your case. If any of the following apply to your situation, call a lawyer right away:
- Any accident that causes significant injury to you or someone else
- Any accident where fault is not clearly established
- Any crash involving another motorist, such as a pedestrian, other cars, truck, or cyclist
- Any collision in a school zone
- Any crash in a construction zone or work zone
- Anytime you disagree with the police report
- Any crash involving an underinsured or uninsured driver
Anytime insurance companies send mixed messages or offer confusing answers to liability concerns
Small fender-benders often will not require the assistance of an attorney, however, there are special circumstances where an attorney’s services could be invaluable after a minor crash. These include:
- Minor collisions that result in significant vehicle or property damage
- Any injuries to a passenger in your own vehicle or to yourself
- Any significant work missed by you or your passengers
- Problems dealing with car repairs and insurance limits
The sooner you contact an attorney, the better. In the state of Arkansas, you only have three years to file a personal injury claim. While that may seem like a lot of time, valuable evidence can be lost or destroyed in just a few weeks. That’s why injured accident victims should call an attorney as soon as they are able, even if they’re not certain they wish to file a lawsuit.
Our lawyers offer a free consultation and review of your case and we can help you choose the legal path that is best for you and your family. Call us today at (800) 767-4815 to learn more.
What to Provide Your Lawyer
Make sure your meeting runs smoothly by providing your lawyer with the following information:
- Contact information
- Key facts about your case
- Police report
- Medical records
- Financial documents or medical receipts
- Photos of accident scene or damage
- Witness contact information and statements
When to File A Claim
Once you’ve met, your attorney will investigate all aspects of your case and begin negotiating with the insurance company. Remember, a personal injury claim is different from a personal injury lawsuit. A personal injury claim is between you and the at-fault driver’s insurance company and involves a series of negotiations. At Rainwater, Holt & Sexton, our Arkansas personal injury lawyer are skilled negotiators who obtain maximum compensation for our injured clients.
If the insurance company plays hardball, however, you may need to file a personal injury lawsuit against the negligent party to seek damages. This often occurs when the insurance claims adjuster denies who was at fault for the accident or doesn’t agree with the severity of your injuries. When negotiations stall and a settlement cannot be reached, the next step is a personal injury lawsuit.
Benefits of Hiring an Attorney
It may seem easier to handle the aftermath of a car accident by yourself. Yet nothing could be further from the truth. Hiring an attorney can make your life and your recovery process easier and prevent unscrupulous insurance adjusters from taking advantage of you. Some of the benefits of hiring an attorney include:
Taking on the Insurance Company – insurance companies don’t always play fair. That’s why you need an experienced Arkansas car accident attorney to fight for you during this time. Your lawyer can take on the insurance company and ensure that they are not acting in bad faith.
Filing Necessary Paperwork – filing a car accident claim and filing a personal injury lawsuit involve paperwork and forms. These forms must be filed properly and on-time to ensure that your case proceeds accordingly and so you obtain a favorable outcome. Improperly filed forms or failure to file the necessary paperwork can add lengthy delays to your case and prevent you from receiving the money you need.
Not Missing Deadlines – a car accident attorney will make certain that you do not miss any critical deadlines, such as the statute of limitations. In some cases, accident victims only have a small window to file a claim, so your attorney will act quickly to meet these deadlines and protect your rights to compensation.
Increased Compensation – those who call a lawyer receive more compensation than those who do not. Lawyers know how to build a case to show the insurance company just how much money you need to recover. They aren’t afraid to go toe-to-toe with large insurance companies and they will fight to make sure ALL of your medical expenses are considered – both now and in the future.
Contingency Basis – most car accident lawyers work on a contingency basis. This means that you owe them nothing unless they win or settle your case. Any injured accident victim can seek justice after an accident – not just those who can afford it.
Thorough Investigation – attorneys have extensive experience investigating car accidents. They often use accident recreation teams, forensic specialists, and experts to uncover all liable parties, even ones not listed in the police report, such as the car manufacturer, the city responsible for maintaining the roads, or the bar that served the intoxicated driver.
Also Read: When to Get An Attorney for a Car Accident?
When Should I Call A Lawyer After An Auto Accident
No one ever plans on being involved in a car accident, so when it does happen, many people are unsure of what to do or who to turn to for help. What should you do immediately following the accident? When can an attorney help you? When should I call a lawyer after an auto accident? Here’s what you need to know:
What should you do after a car accident?
You may be in complete shock after being involved in a car accident, but try to calm yourself down and think clearly. Your first priority should be calling the authorities and seeking medical treatment for your injuries. Even if you don’t believe your injuries are serious, it’s best to get checked out by a doctor in case you have an injury that is just not visible, such as a concussion. Keep all documentation related to your injuries so you have proof of the expenses you incurred as a result of the accident. You should also follow the doctor’s orders regarding medications, additional tests, and follow-up appointments closely. If you don’t, the insurance company could argue your injuries were not as serious as you claim because if they were, you would have followed the doctor’s orders.
If you can, take pictures of the scene of the accident so you have documentation of the property damage, your injuries, and any traffic signals that the at-fault driver may have ignored or violated. If there is a dispute over who caused the accident, these pictures can help determine who was at fault.
It’s important to exchange contact information with the other parties involved in the accident, as well as any witnesses who could have seen what happened. But, that’s as far as your communication with the other people on the scene should go. You should never engage in conversation about what happened or take blame for the accident.
When do you need an attorney?
Some people aren’t sure whether they are in need of an attorney after an accident. How can you tell when your case warrants an attorney? If the accident involved any type of serious injury that required a trip to a doctor, you should consult with an attorney about your legal options. Attorneys can also help in cases involving fatalities. If the police report does not accurately describe the events of the accident, or puts you at fault when you believe it was the other party’s fault, an attorney can help. Basically, if believe you were injured in a car accident because of another person’s negligence, it’s wise to get in touch with an attorney to discuss the possibility of filing a personal injury claim.
If you chose to start the process off on your own, but are struggling to come to an agreement with the insurance company, an attorney can take over and handle the negotiations on your behalf. But, keep in mind it’s in your best interests to let an attorney handle it from the very beginning so you do not accidentally say something to the insurance company that can be misconstrued and used against you later on.
An attorney can also help when the insurance company is acting in bad faith. An insurance company acts in bad faith when they deny you the coverage you have paid for, refuse to pay the claim before even investigating the issue, fail to pay the claim in a timely manner, or don’t provide you with an explanation for why your claim is denied. In these situations, an attorney can be your ally in the fight for justice.
If you’re in doubt, it’s always best to contact an attorney to discuss the accident and determine if you have the right to file a personal injury claim.
How Soon Should You Contact An Attorney?
It’s recommended you contact a personal injury attorney as soon as possible following the accident. Why? The at-fault party will immediately notify his insurance company, who will then try to get in touch with you to discuss what happened. You should never give a statement to an insurance company without first contacting an attorney. Remember, the insurance company is not looking out for your best interests. They are not concerned with how much you might have in medical expenses or how many days you may have had to take off of work because of your injuries—insurance companies are only concerned with getting you to accept a low settlement offer. An attorney will be able to deal with the insurance company for you so you don’t have to worry about saying the wrong thing or agreeing to a number you’re not satisfied with.
There is also a statute of limitations for personal injury claims, meaning after a certain period of time has passed, you will no longer be able to file a claim to recover compensation for your injuries. In most states, the statute of limitations is two years from the date of the accident. This may seem like plenty of time, but it passes quickly, especially when you are recovering from a serious injury. The sooner you get in touch with an attorney, the sooner he can begin the process of formally filing a claim.
Most Questions and Answers by Users
When should you call a lawyer after a car accident?
It's recommended you contact a personal injury attorney as soon as possible following the accident. Why? The at-fault party will immediately notify his insurance company, who will then try to get in touch with you to discuss what happened.
Is it worth getting a lawyer for a car accident?
Anytime you are injured in a car accident you should consult a car accident attorney. Doing so will ensure you get the best advice possible on how to proceed with your claim. Most of the time an attorney will be needed in order to get you the compensation you deserve.
Is it worth getting a lawyer for minor car accident?
Even in minor car accidents, you should have a personal injury attorney look at your case before agreeing to any settlement! They can help you get the most compensation possible for your case. That way you will not have to come out of pocket for your car and medical bills.
How much do you usually get for a car accident settlement?
Your average car accident settlement might be approximately $21,000. It is likely to fall somewhere between $14,000 and $28,000. The settlement is generally higher for more severe or permanent injuries.
Should I get a lawyer for a car accident that wasn't my fault?
If you got into a car accident that was not your fault, you have a right to hire a lawyer. While you do not need to seek legal counsel, a car accident lawyer may help you file a claim or lawsuit against a negligent party.
Do Lawyers lie about settlements?
If the case doesn't settle during a settlement negotiation, anything that was said during those negotiations remains privileged. The court noted that although settlement negotiations are confidential, the lawyers are not allowed to lie.
What do you do if your car accident wasn't your fault?
Even if you're not at fault, you can make a claim with your insurance company for payment of damages and injuries -- if you have the right coverages. If you have collision insurance, file a claim with your own carrier. It will pay for the cost of repairs or total loss of your vehicle.
What is a good settlement offer?
Most cases settle out of court before proceeding to trial. Some say that the measure of a good settlement is when both parties walk away from the settlement unhappy. ... This means that the defendant paid more than he wanted to pay, and the plaintiff accepted less than he wanted to accept.
What is a fair settlement for pain and suffering?
You can recover up to $250,000 in pain and suffering, or any non-economic damages.
How can I prove my pain and suffering?
Some documents your lawyer may use to prove that your pain and suffering exist include:
- Medical bills.
- Medical records.
- Medical prognosis.
- Expert testimony.
- Pictures of your injuries.
- Psychiatric records.
Should I call my insurance if it wasn't my fault?
The safest bet is always to call your own car insurance company after an accident. They can tell you what kind of coverage you have for personal injury, collisions, damages and medical expenses. You may also have uninsured motorist coverage you can use if the other driver doesn't have insurance.
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