Suffering a car accident can be overwhelming without the added stress of figuring out the legal process alone.
Millions of Americans face this situation every year. But the unfortunate truth is…
The choices you make in the weeks and months after an accident can make or break a case.
In this guide, we will walk you through…
- Why legal representation matters in a car accident case
- The statistics surrounding accident victims and legal help
- How a car accident lawyer can help with a case
- How and when to fight the insurance company
Why Legal Representation Matters in a Car Accident Case
Car accident lawsuits are more complicated than filling out some paperwork and moving on.
When you have a crash, there’s medical bills, lost wages, pain and suffering, and on top of that, there’s the insurance company trying to save money at your expense.
The insurance companies are not going to fight for your interests.
Insurance companies have whole legal teams working 24/7 to pay out the lowest amounts possible. Going against them by yourself is a recipe for disaster.
Working with a car accident lawyer helps level the playing field. Qualified legal representation helps accident victims navigate the claims process, answer their questions, and makes sure they’re not taken advantage of during a vulnerable time in their lives.
That’s a pretty big deal, wouldn’t you agree?
The Statistics Surrounding Accident Victims and Legal Help
But what actually happens when people try to handle their own car accident claims?
The statistics paint a clear picture. A study published by Nolo showed that those with an experienced personal injury attorney had a payout settlement of about 91% compared to only 51% of those without representation.
This means that accident victims have almost a 50% chance of walking away without compensation if they choose to forgo a lawyer.
But it doesn’t stop there…
The same study found that people with a personal injury lawyer received payouts nearly three times higher than those without a lawyer.
Let’s stop and think about this for a second.
Car accidents are a huge problem in America. The NHTSA estimates that 39,345 people lost their lives in traffic crashes in 2024. While the numbers are trending down, many more millions face injuries that require medical care and legal action.
The stakes in these cases are too high to leave money on the table.
How a Car Accident Lawyer Can Help With a Case
There’s more to a car accident lawyer’s role than just filing legal paperwork and making an occasional court appearance.
A good accident attorney takes care of the legwork so the client can focus on recovery. This can include:
- Investigation of the accident. This can include gathering a police report, witness testimonies, and evidence from the scene of the accident.
- Dealing with insurance companies. This includes communication with insurance companies and negotiating on the accident victim’s behalf.
- Calculating damages. An attorney will determine the total value of medical bills, lost wages, pain and suffering, and other future expenses.
- Building a strong case. Gathering documentation to prove liability and increase compensation amounts.
- In some cases, a lawyer will have to represent a client in front of a jury.
While most car accidents settle before a trial, having a lawyer who is ready to go to court can give a client serious leverage in negotiations.
Insurance adjusters know when someone is serious about their claim.
When and How to Fight the Insurance Company
Insurance companies are in the business of reducing payouts.
They use a variety of tactics to achieve that goal. Some of the most common are:
- Quick settlement offers. By making a lowball offer before an accident victim understands the extent of their injuries, insurance companies hope to capitalize on panic and lowball settlement amounts.
- Recorded statements. Insurance companies will ask accident victims to provide a recorded statement about their injuries and the crash. The insurance company will then comb over those statements and find anything they can use to devalue a claim.
- Medical record fishing. Insurance adjusters will often look for pre-existing medical conditions in a client’s medical records and blame current injuries on past conditions.
- Delay tactics. Insurance companies will often use the time factor against an accident victim. From trying to make paperwork submissions more difficult to simply taking a long time to respond to an accident victim, insurance companies employ all these tricks to get a victim to give up or take a lower settlement offer.
- Insurance companies will monitor a client’s social media and other activities to dispute a victim’s injury claims. For example, if an insurance adjuster sees a victim taking a walk, they may use that as evidence against a pain and suffering claim.
Thankfully, car accident lawyers know all these tricks. They are familiar with the insurance company playbook and can counteract most of these tactics. By thoroughly documenting their client’s situation, talking to medical experts, and having airtight cases, a lawyer puts up enough of a fight to get insurance adjusters to take a claim seriously.
Insurance companies know that going to trial is expensive for them and can create unpredictable results.
Insurance companies also have lawyers working on their behalf day one after a crash.
These lawyers are hard at work analyzing the claim, trying to find things to lower the payout, and protecting the company’s bottom line.
Shouldn’t accident victims have a professional on their side as well?
The “Cost” of Not Hiring a Lawyer
The reason many accident victims try to go it alone is because they’re worried about the cost of hiring a lawyer.
Instead, they should be considering…
Personal injury lawyers often work on a contingency fee. This means the client pays no upfront fees and the lawyer only gets paid if they win the case. Most attorneys charge between 30% and 40% of a settlement.
Even after paying legal fees, car accident clients with legal representation still end up with more money in their pockets than accident victims who choose to file a claim alone.
The math adds up. The settlements from legal representation minus lawyer fees are still more than lower settlements with no fees.
Wrapping Up
Car accident claims are complex.
Insurance companies are formidable opponents.
The consequences of making a misstep in the process can be life-altering.
Legal representation gives accident victims access to:
- Expert advice and assistance with the claims process
- Someone to help communicate with insurance companies
- The ability to maximize compensation
- Peace of mind during a stressful recovery.
The statistics on accident victims and legal help are not encouraging. The chances of receiving a payout are almost double for those with an attorney. And the amount of that settlement is also higher.
Fighting a billion-dollar insurance company without an army of lawyers on your side is a risk most Americans cannot afford to take.
Qualifying for legal help is not just smart after a car accident. It might be the most important decision an accident victim can make.