Car accidents are common, and in some cases they cause severe injuries and difficulties for crash victims. Insurance adjusters always contact crash victims promptly, and they seek to take control of the decisions about what is owed to the crash victim. Legally speaking, all a crash victim receives is a cause of action, meaning a right to sue the at-fault driver. Thus, the value of the victim’s claims should be a prediction of what the victim would win if the case went to trial.
Crash related property damage, financial loss and injuries can significantly impact your life, both physically and emotionally. Raleigh NC car accident attorney Carl Nagle is a former claims adjuster and former insurance defense lawyer. He strongly cautions collision victims to seek legal advice and guidance “even if you prefer to handle your case without a lawyer”. According to attorney Nagle, “injury lawyers always offer a free consultation – thus, victims involved in serious accidents should learn their true legal rights and options from a plaintiff’s attorney before they start cooperating with the claims adjuster who is being paid to minimize their claims”.
In smaller cases with property damage only or very minor injuries, it may be safe to deal privately with the insurance company. In cases involving serious injuries and high damages, an experienced personal injury lawyer can help you to build your case, investigate the collision, collect and preserve valuable evidence, interpret and present medical evidence, validate your threat of litigation, and negotiate toward the highest possible tax-free injury claim settlement.
For crash victims, here are some clear signs that indicate you should seek a free consultation from one or more lawyers and consider hiring a personal injury lawyer to handle your case:
You Suffered Severe Injuries
Insurance companies assign severe injury cases to the most experienced claims adjusters. If your injuries require extensive medical treatment, rehabilitation, or long-term care, it is always best to retain a lawyer to build and present your case. Severe injuries can result in huge medical bills and extensive lost wages, and insurance adjusters will try to trim their payment on all of these losses. Attorneys know how to present medical evidence showing the need for future medical care, and to demonstrate the full extent and true nature of all injuries. Also, because the lawyer presents an immediate threat of suit-filing, the insurance company knows that if they don’t pay you fairly, your lawyer will secure fair payment from a jury. Following trial, the insurance company now not only owes you, but also they must pay for court costs, expert witness costs, litigation expenses and for all legal fees for the lawyers who defend the at-fault driver in court.
The Insurance Company Is Offering a Low Settlement
Insurance companies always try to minimize all claim payments. If you receive a settlement offer that seems very low in light of your injuries and expenses, you should seek a free consultation to properly evaluate your case and the settlement offer. In high-force collision cases, isurance adjusters often use tactics to downplay your injuries or pressure you into accepting a quick settlement. A personal injury lawyer can help you understand the fair value of your case and negotiate on your behalf toward a proper settlement.
Liability Is Disputed
In many personal injury cases, determining liability is crucial. For example, in North Carolina, the pure contributory negligence law bars all claims if the victim is just slightly at fault for causing her injuries. Thus, in a disputed liability case, the insurance company may offer nothing for the damaged vehicle and nothing for injury claims. Even in comparative fault states, insurance companies try to offer far less to injury victims by blaming the victim for contributing to causing the crash.
If there are any questions about who caused your accident, you should talk with at least one lawyer to lay out the facts and understand how to safely present your claims to insurance carriers. Do not trust the insurance carriers, whether it’s your own insurance company or insurance carriers for other drivers.
Your Case Involves Multiple Parties
When multiple drivers or multiple crash victims are involved in an accident, the legal complexities increase significantly. For example, if you were injured in a car accident involving several vehicles or if there are several injured victims, competing claims may require victims for fight for limited coverage. A personal injury lawyer has the experience to manage multi-party claims.
You Are Facing Challenges with Medical Bills
If your medical expenses are piling up and you find it difficult to manage them, a personal injury lawyer can help you understand how to coordinate health insurance filings, how to ask medical providers to either hold their bills or provide treatment on a credit basis, and help you understand how to pay for medical bills during the early stages of treatment.
You’re Uncertain About Your Legal Rights
The insurance claims process is complex and intimidating. If you’re unsure about your legal rights as an injury victim or the process of filing a claim, seek help immediately. A personal injury lawyer can explain your rights in detail, outline all potential outcomes, and guide you through the insurance claim process and the legal process. Having a lawyer on your side lcan give you peace of mind and clarity during a challenging time.
The Insurance Company Is Delaying Your Claim
If the insurance company is delaying your claim or providing vague responses, this is common and should confirm that they will always seek to avoid and minimize your claims. Adjusters commonly stall or delay, or wear you down with homework assignments, hoping you will forfeit your claims or settle for less. A lawyer can move the process along and make sure you collect full value for all of your accident claims.
You Are Unable to Settle the Case
If negotiations reach impasse and your case cannot be settled, the only option is to file suit and bring your case to trial. Few individuals could figure out how to file suit and conduct a successful trial without a lawyer. Claimants with injury claims should never try to conduct litigation without a lawyer.
The Final Words
While hiring a lawyer is optional for car accident victims, there are times when a lawyer is essential to ensure that the at-fault driver and all responsible parties and insurance carriers are compelled to pay full value for all crash-related injury claims. If you find yourself facing severe injuries, disputes over liability/causation, insurance delay tactics, lowball settlement offers, or complex legal situations, it’s time to consider legal assistance.