Our clients and potential clients are very astute. They understand that in some circumstances, it might not make sense to hire a personal injury attorney. Often, they’ve already spoken with the insurance adjuster of the at-fault driver, and the adjuster has been friendly, maybe even offering a settlement amount early on. If they’re offering to pay, why would anyone hire an attorney who will just take a portion of the settlement in the end? When should you hire a lawyer, and when is it better to handle things on your own?
The answer is not as straightforward as it might seem because it depends on several factors unique to your specific case. While some situations are clear-cut and don’t require legal assistance, others are far more complicated and merit professional guidance. Let’s explore the situations when hiring an attorney makes sense, and when it may not.
When You Don’t Need an Attorney
As a general rule, even if you think you don’t need an attorney, it’s always a good idea to at least consult with one. The consultation is usually free, and many personal injury attorneys will sit down with you, review your case, and help you understand the legal landscape in your area. They can offer you insight that might help you make an informed decision about whether hiring an attorney is the right move.
It’s not just a matter of hiring a lawyer—sometimes it’s about getting the best advice early on, especially if you’re unfamiliar with the claims process. Here are a few situations where you might not need an attorney:
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If the Insurance Adjuster is Offering the Full Amount of the At-Fault Driver’s Policy If the insurance company of the at-fault driver is offering you the full amount of their policy limits—whether it’s property damage or bodily injury coverage—then you probably don’t need to hire an attorney. This is because, in these cases, the insurance company is typically offering the maximum payout allowed under the at-fault driver’s policy, and there is little more that an attorney could do to increase that amount. However, there are always exceptions, such as if there is additional insurance available or if the damages exceed the policy limits. While it’s always best to get a professional consultation, in some cases, you may find that the offer is fair and sufficient.
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When You Are Not Injured If you weren’t injured in the crash, you might not need a lawyer. That said, be cautious in these situations. Often, car accident injuries do not immediately show symptoms. Some injuries, like whiplash or soft tissue damage, might take a day or two to manifest, so it’s always wise to get checked by a doctor even if you initially feel fine. Even a seemingly minor injury could turn into something more serious. If the insurance adjuster offers you a settlement immediately, be wary of signing any releases or accepting payments right away. It’s best to get medical clearance first before making any decisions. If your doctor gives you a clean bill of health and you only have a minor issue to address, you can send the medical bill to the insurance company for reimbursement.
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If You Feel the Offer is Sufficient and Fair In some cases, you might feel that the insurance company’s settlement offer is reasonable and meets your needs, especially if the accident was minor, and the medical bills are low. If the offer covers all of your expenses and there is no lingering pain or suffering, you might decide to accept it without the need for legal representation.
When You Do Need an Attorney
In many situations, particularly when you have been injured in a car accident, hiring an attorney is the best course of action. Although this may sound self-serving coming from a personal injury lawyer, the fact remains that in most cases, having an attorney on your side will increase your chances of receiving fair compensation. Let’s take a closer look at the reasons why hiring an attorney might be the right choice for you:
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To Protect Yourself from Insurance Adjusters There are two types of professionals who deal with car accident claims regularly: personal injury attorneys and insurance adjusters. Both are well-versed in the legal nuances of car accident claims, but they have very different objectives. The insurance adjuster works on behalf of the insurance company and their goal is to minimize the payout. Insurance companies are businesses, and like any business, they want to reduce their costs. The adjuster’s job is to offer as little as possible, and they will use their expertise to take advantage of people who don’t know the ins and outs of the claims process.
On the other hand, an attorney works for you and is motivated to ensure that you get a fair settlement. Without a lawyer, you risk being taken advantage of by the adjuster, who may offer you a low settlement or try to rush you into accepting an unfair amount. An attorney can level the playing field, ensuring that you are not swindled by the insurance company.
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To Ensure You Get the Medical Treatment You Need One issue that many accident victims don’t realize is that there are doctors who may refuse to treat you if they know your injuries were caused by a car accident. This is often because they may be called to testify as a witness in a potential trial, and they prefer not to get involved in legal proceedings. This can leave you in a difficult situation if you don’t have an attorney to help you find the right medical professionals to treat your injuries.
Many experienced attorneys have a network of medical professionals who specialize in treating car accident victims. These doctors are familiar with the process, and they’re willing to work with you even if the injuries are related to a car accident. Additionally, these doctors typically do not charge patients upfront. Instead, they agree to wait for payment until your case is settled, working with your attorney to ensure that your treatment costs are covered through the settlement.
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To Help You Get a Fair Settlement The most significant advantage of hiring an attorney is their ability to secure a larger settlement. Statistics show that individuals who hire an attorney to represent them in a personal injury case typically receive significantly higher settlements than those who try to handle it on their own. According to the Insurance Research Council, in 1999, individuals who were represented by an attorney received, on average, 3.5 times more in settlements than those who did not have legal representation. This is not because attorneys inflate the value of your claim, but rather because insurance companies tend to devalue claims when the claimant is not represented by a lawyer. The insurance adjuster knows that an unrepresented individual may not fully understand the value of their claim, and they often try to settle for a fraction of what the claim is truly worth.
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Peace of Mind Dealing with a car accident can be stressful, especially when you’re also recovering from injuries. Hiring an attorney means you won’t have to navigate the claims process alone. Your attorney will handle all the necessary paperwork, communicate with the insurance adjusters, gather medical records, and order police reports. They will also negotiate a fair settlement on your behalf. If necessary, they can take your case to court. This takes the burden off your shoulders and allows you to focus on healing while your attorney handles the legal aspects.
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Attorneys Have the Power to Pursue the Case in Court One of the most significant reasons to hire an attorney is their ability to take your case to court if a fair settlement cannot be reached. Insurance companies are more likely to offer a higher settlement when they know that the attorney is willing and able to pursue the case in court if necessary. Having an attorney who can take your case to trial gives you leverage in negotiations.
Get a Fair Settlement
The attorney gets paid, too—usually a percentage of the total recovery. Some potential clients ask themselves if the lawyer can increase the settlement amount by enough that the lawyer pays for themselves.
Consider these example statistics gathered by the Insurance Research Council in 1999:
- 85% of all bodily injury claims paid by insurance companies go to clients who are represented by an attorney.
- Injured victims represented by an attorney receive, on average, 3.5 times more in settlement than those who are unrepresented.
That’s a staggering statistic—3.5 times more if you have an attorney. This is not because attorneys inflate the value of your claim, but because insurance companies often take advantage of unrepresented parties and devalue their claims.
Why It’s Worth Hiring an Attorney
If you’ve been in a car accident and you are uncertain about whether you need an attorney, it’s essential to at least consult with one. In most cases, hiring an attorney will ensure that you get fair compensation for your injuries, medical bills, and pain and suffering. Insurance companies often try to take advantage of unrepresented claimants, offering them settlements that are much lower than what they’re truly entitled to. By hiring an experienced attorney, you’ll have someone on your side who understands the law, knows how to navigate the claims process, and will fight to ensure you get the compensation you deserve.
Even if the insurance company is offering a settlement, consulting with an attorney could help you assess whether that amount is fair. And in cases where you’ve suffered injuries, hiring an attorney is almost always in your best interest. With their expertise, you can feel confident that you are receiving the proper care, treatment, and compensation for your accident.
