According to PennDOT, one out of every 164 Pennsylvania residents sustained injuries in a car accident in 2018. This equals about nine car accident injuries every hour resulting from the 352 crashes that occur each day of the year (on average). Many of those injured individuals were likely eligible to receive compensation from the parties who caused their accidents.
However, a lot of confusion exists as to who is eligible to file a personal injury claim and when is the appropriate time to hire an experienced personal injury attorney. Here are some answers to questions Pennsylvania car accident victims and their families often have about hiring a lawyer.
When To Hire An Attorney After A Car Accident?
Insurance company attorneys and claims adjusters begin working on claims right away after an accident. In accidents where their insured may have been liable, they may try to shift that liability onto the other driver to minimize their own financial exposure. Speaking to an attorney as soon as possible after an accident offers you answers to your legal questions and guidance in dealing with the insurance representatives who may contact you.
You should hire an attorney to represent you after a car accident in these situations:
You suffered injuries and/or significant damage to your car. If you were involved in a minor fender-bender that did not cause serious injuries, you may not need the assistance of a car accident injury attorney. But in all other circumstances, speaking with an experienced car accident injury attorney is the best way to protect your legal rights to recover compensation.
It is obvious, or even just possible, that someone else’s actions contributed to causing the accident. Speak with an attorney about any car accident in which someone else’s actions may have played a role, including any accident involving more than one vehicle, and any accident involving a sudden, unexpected loss of control of your car.
You’ve been offered a low-ball settlement by the other driver’s insurance carrier. It is important to speak to an attorney before ever agreeing to a settlement or making an official statement to a third-party insurance provider. Early after an accident, it is difficult, if not impossible, for you to have a clear and thorough understanding of the costs accident injuries might inflict on your life. Until an experienced attorney has helped you analyze the extent of the damages you have sustained, you risk accepting a settlement in your case that is much too low and will not fully cover the expenses you face now and in the future. Once you’ve accepted a settlement, you generally will not have the opportunity to go back and ask for more money.
Your injuries are severe and permanent. Permanent injuries inflict a lifetime of expenses, including future surgeries, hospitalizations for complications, modifications to your home, and a decline in your earning capacity. Let an attorney help you obtain the money you need to pay for them.
Your accident was caused by the negligence of a governmental agency. It takes skill and know-how to recover compensation from a local or state government entity as damages for the wrongful actions of its employees. Ask an experienced attorney who understands the complications of taking legal action against a government entity to help you.
A loved one died from injuries sustained in the accident. If you lost a loved one due to an accident that was caused by another driver’s negligence or recklessness, you may have the right to obtain compensation through a wrongful death claim. For example, a family in West Pittsburgh filed a wrongful death lawsuit against the truck driver and the company he worked for after an accident claimed the life of a 19-year-old young woman.
The accident occurred when the tractor-trailer that the truck driver was operating struck a parked vehicle while the 19-year-old was inside. The truck driver did not stop after the accident took place, failing to check on the victim, offer assistance to her family members who witnessed the accident, or to call for medical help or otherwise render aid to the young woman. She succumbed to her injuries in the hospital two days after the accident occurred. The lawsuit contends that the truck that struck the woman’s car was used by the company for deliveries even after the accident took place. If you need more information about who is eligible to file a wrongful death claim, an attorney can give you the details about this process and may be able to assist you in recovering damages caused by the loss.
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Can You Seek Compensation for Damages Caused by a Car Accident on Your Own?
In theory, yes. In reality, no way.
Car accident injury lawyers spend their days helping car accident victims recover compensation from at-fault parties. It takes years of training and experience to learn the ins-and-outs of obtaining maximum payouts from insurance companies and top-dollar awards from Pennsylvania juries.
In short, lawyers know how to get you all of the money you deserve. You, in all likelihood, don’t have the experience or resources to seek compensation, especially if you’re having trouble physically recovering from the accident.
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What can lawyers do for you that you almost certainly cannot do on your own?
Plan a legal strategy for obtaining maximum compensation. There are lots of laws and rules that can affect when, how, and against whom you can take legal action for damages after a car accident, and whether and how much money someone might have to pay. Lawyers know how to navigate those laws and rules to your advantage. You do not.
Identify all parties with potential legal liability to you. Lawyers with experience representing car accident victims know where to look and what to look for to identify all parties who have potential legal liability to you for damages. The more parties they identify who have the resources to pay a claim to you, the better your chances of recovering the money you deserve.
Determine the value of your claim. Putting a dollar value on the harm you sustained in a car accident is not always a straightforward process. It entails not just adding up the out-of-pocket costs you have already incurred as a result of the accident, but also estimating those costs into the future. Additionally, it requires placing a value on the harm you suffered that does not come with a price tag, such as your pain and suffering, and damage done to your personal relationships. Lawyers have years of experience accurately valuing those items of damages. If you try to tally them up on your own, you will likely leave money on the table.
Assemble the evidence you need to prove your claim. Experienced car accident injury lawyers have training in gathering together diverse pieces of evidence about your accident and in compiling them into a clear and compelling narrative to prove someone has legal liability to you for damages. This is a skill that most people do not have. It is what sets lawyers apart.
Negotiate with insurance carriers. Most lawsuits arising from car accidents settle out of court. Typically, the insurance company for the party with legal liability pays money to the injured party in exchange for the injured party giving up a legal claim. Just because lawsuits normally settle, however, does not mean that it is easy to achieve the largest settlement available. Only a skilled lawyer with years of experience interacting with insurance adjusters can navigate the give-and-take of a settlement negotiation to a client’s maximum advantage. Non-lawyers who attempt to negotiate their own claims with insurance companies virtually always end up getting steamrolled.
File and litigate a lawsuit. Yes, it is possible to file a lawsuit for damages arising from a car accident on your own (known as filing pro se), but it is always, (we repeat) always, a terrible idea. Acting as your own lawyer is a fool’s errand. No one will take your legal claim seriously, in or out of court. No opposing attorney or insurance adjuster will negotiate with you on-the-level. You will, without a doubt, make basic mistakes that shoot your own claim in the foot. If you manage to make it to a trial, the jury will dismiss you as a crackpot. Trust a lawyer to file a lawsuit on your behalf. Never attempt it on your own.
Collect the money owed to you. Even when a legal claim for damages arising from a car accident settles or results in a jury award, it is not over until the money is in your bank account. Do you know how to collect an award when the party with liability fails to step up and write a check? Lawyers do.
We do not mean to sound harsh, but the fact of the matter is, injured car accident victims should never, ever, try to pursue legal claims for damages on their own. The only way to protect and enforce your legal rights, and to obtain the compensation you deserve, is to put your case in the hands of an experienced car accident injury attorney.
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How Do You Hire a Personal Injury Attorney?
PA Car Crash LawyerMost people give no thought to hiring a personal injury attorney until they need one. At that point, however, they are unsure of where to turn to or what to look for in legal counsel. Here are some tips when it comes time to hire an attorney:
Find personal injury attorneys who are licensed to practice in your state and are working in your region by performing an internet search, looking at review sites, contacting the state bar association or asking a friend or acquaintance for recommendations. Visit the websites of those you find through your search. When you decide on a few attorneys you would like to know more about, schedule an appointment to meet with them.
Many attorneys provide a free consultation. This is a time in which you can share the details of your case, as well as ask questions regarding your legal options and the experience of the attorney in working with cases like yours.
Be sure to prepare a list of questions to take with you, so that you do not forget to ask questions that matter to you. Some of the information you will want to know from the attorney you meet with includes how many cases he or she has settled, how many cases he or she has litigated, and how many cases he or she has worked on that were similar to yours.
You will also want to hear the attorney’s preliminary thoughts on the strengths and weaknesses of your case and receive guidance on how you wish to proceed. It is acceptable for you to ask for references from past clients who have used the attorney’s services and most attorneys are happy to supply this information.
When you and the attorney agree to begin work together, you will likely be provided with some documents to sign. Be sure to read these documents fully and to sign them only when you are satisfied that you understand them and are comfortable with doing so.
If you were injured in a car accident, contact an experienced car accident injury attorney today.
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When Do You NOT Need an Attorney After an Accident?
Based on the ads from law firms that you see on television, it's easy to think everyone who has ever been in an accident is going to be mistreated by the insurance company and should look for help from a lawyer to make it right.
In a lot of instances, insurance companies do in fact do their jobs as expected. There are definitely situations where you'd want an attorney to be involved, but there are also times when obtaining counsel is simply overkill.
Let's take a look at some of the cases where you may NOT need to hire an attorney after an accident.
No injuries happened
There are scenarios where the only damage done has been entirely done to property. Imagine the case where there were no people present in either vehicle at the time the accident occurred.
Your car may be one excitable dog and a loose gear shifter away from being part of a two-vehicle incident involving no humans. (You can ask any insurance adjuster, and they'll tell you that strange things do indeed happen!)
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.
Ensure a doctor clears you of possible complications before you decide NOT to hire an attorney
Once that has happened, it may become questionable to ask an attorney to help you pursue a claim.
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When the math of hiring an attorney doesn't make sense?
There are some cases where the potential recovery for a claim is so small that you simply cannot justify hiring an attorney.
For example, if all the damage was to a vehicle and the vehicle was a high-mileage used car with a low book value, there's not much meat on the bone for an attorney.
Don't doubt there are attorneys who'll take on smaller claims in exchange for a higher percentage of the recovery.
If any of these apply, you may need an attorney Broken bones, hospital stay, long-term health affected Someone died in the accident Medical treatment costing more than a couple thousand $$ Missing more than a couple days work, school, or normal activities Non-economic losses like emotional trauma, pain and suffering, loss of companionship There is dispute over whose fault the accident was Multiple people were harmed in the accident The accident took place in a construction zone or other questionable area The paperwork does not look accurate (police report, insurance communications) Details are complicated (technical, legal, medical) Insurance is not playing nice
You do, however, have to ask if paying an attorney to recovery $10,000 in damages is worth the bother if you end up handing over $5,000 to the law firm. If the case might foreseeably proceed to small claims court,There are also easily imaginable scenarios where the expected recovery would be so small that the case would end up in small claims court if it were pursued to the point of litigation.
You're certainly entitled to have counsel present to protect your rights in small claims court. The law firm, however, is likely going to expect a fee for their services rather than working on contingency, since the expected recovery would be very small. It depends on the situation. Most accident attorneys are going to work on contingency, and the average contingency fee is around 33.3%. That means they would take one third of whatever settlement would be coming your way in compensation for their work.
When the insurance company is offering you the amount you feel is fair?
If you're in a situation where it's clear the insurance company wants to settle, there is some tricky math to figure out.
Do you really want to end up in a situation where you have to negotiate for a longer time and then hand over one-third of your compensation, if the insurance company already wants to settle? Do you think what they are offering you is fair?
If the insurance company is not playing nice or refusing to acknowledge the full extent of your claim, you would definitely want to talk to an attorney.
If a lawyer takes one-third of your recovery, then they'll need to improve your expectedresults by more than 50% to justify hiring them.
For example, if you're expecting a $100,000 settlement without the benefit of counsel, a lawyer would need to get you more than $150,000 to make it worth the bother.
Believe it or not, most attorneys give honest opinions on whether or not it would be worth your while to hire an attorney or take any easy settlement. This particular issue can be discussed during consultation with an attorney.
Remember, many law firms offer free consultations. Seeking a second opinion is also recommended.
It may be the smarter move to settle with the insurance company and get on with your life if.
In some 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.
It's very rare but settlements could be reversed by a judicial order if it's deemed the insurance company or defendant's representative unjustly took advantage of a vulnerability of the plaintiff. This is a very strict standard and hard to prove.
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.
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Most Important Questions and Answers Ask by Users
When should you get a lawyer after a car accident?
As your claim increases in value, so does the chances that the insurance company is going to dig in and fight to minimize your claim as much as possible. So if you have bills over $10,000.00 or found out you have a major injury like a herniated disc or broken bone, it is probably time to hire a lawyer.
Is it worth it to get a lawyer for a car accident?
Hiring a personal injury lawyer after you've been injured in an accident is always an option. If the accident was the other person's fault, you may have a legal right to recover for your losses, and a lawyer will help make that happen. But sometimes hiring a lawyer is not a good idea.
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.
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
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.
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.
How much does a lawyer get out of a settlement?
In the majority of cases, a personal injury lawyer will receive 33 percent (or one third) of any settlement or award. For example, if you receive a settlement offer of $30,000 from the at fault party's insurance company, you will receive $20,000 and your lawyer will receive $10,000.
Can someone sue you after insurance pays?
Yes, you can file a lawsuit after you've agreed to a settlement with the insurance company. However, it's very possible that the judge will throw your lawsuit out of the court. After hearing your lawsuit, the defendant will inform the judge of the settlement agreement.
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