Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

October 19, 2021

Each car crash and accident is different depending on the situation, ranging from minor to major accidents. Depending on your particular case, you might choose to deal with the accident on your own or consult a lawyer. In many cases, people believe that there’s no need to get a lawyer involved for an accident they did not cause. However, that’s not always the case.

Although hiring a lawyer is not a legal requirement, believing everything will work out in your favor is a bit naive. You need to bear in mind that a car accident lawyer can help you file or claim a lawsuit against the negligent party. If the accident had caused any injuries, stress, or frustration, a lawyer might come in handy.

Regardless of who is at fault, having a car accident lawyer by your side can help you reach a settlement and find the peace of mind you deserve.

How Can a Lawyer Help

Calling a lawyer might not be the first thing to pop into your mind when you get into a car accident, especially if it’s not your fault. However, it should be the first thing you do once you determine the severity of the accident. If you don’t have a lawyer in your phone book, googling “car accident attorney near me” will produce plenty of results. Don’t worry about possible car accident lawyer fees at that moment — your health comes first.

A lawyer can help make sure the liable party faces the consequences of their negligent acts and pays for the losses you’ve suffered. To gather the necessary information for handling your case, the lawyer might need the following:

  • Police records of the accident
  • Witness reports and testimonies
  • With the help of accident reconstruction specialists
  • The help of expert testimony
  • Your recent medical records

A lawyer will conduct a thorough investigation of the accident. That’s how an attorney is able to evaluate your claim and help negotiate a fair settlement for an accident that you did not cause.

Determining Innocence

The lawyer can also bring in the four elements of negligence to prove your innocence. They are:

  1. Duty of care — The other driver owed you a duty of care.
  2. Breach of duty of care — The other driver violated the duty of care.
  3. Causation — The liable party’s violation of the duty of care caused injuries and losses.
  4. Damages — The claimant suffered injuries and economic losses that financial compensation might cover.

Should I Call the Insurance Company Before the Lawyer?

This is a common question that we get from clients. The simple answer is no — you should always call a lawyer before the insurance company. There are a few reasons why a car wreck lawyer should be your first call.

First of all, the insurance company will always focus on paying you out as little as possible. They might use your words against you, especially when you’re in distress. If your lawyer gets to you first, they will be able to keep you from falling into the pitfalls.

Additionally, a lawyer will help you decide when to file a claim with your insurance and file a claim with the at-fault driver’s insurance.

If you don’t have an insurance company, this might be the right time to google “insurance companies near me” — stay ahead.

What About Financial Rewards?

Naturally, most accident victims think about the possible financial rewards when they’re not at fault.

Here are a few instances of financial rewards that you might receive depending on the losses suffered:

  • Pain and suffering
  • Medical bills
  • Mental anguish
  • Property damages
  • Lost wages
  • Reduced earning capacity

If you have suffered any of these losses through no fault of your own, you can file a lawsuit with the help of your lawyer.

So, even if you feel fine after an accident, we recommend focusing on your health. Make sure you get checked out by professional medical staff and have everything recorded. While you focus on your recovery, your lawyer will build the case to get the settlement you deserve.

Up Next: What Do You Do in a Car Accident?

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