Car accidents are all too common in the United States. According to The Centers for Disease Control and Prevention, there were over 2.1 million emergency department visits for injuries from car accidents in 2020. If you were in a car accident, you may be wondering about your legal rights and what you should know about the process of hiring and working with a car accident attorney. An experienced car accident attorney can review your case, assist you in navigating the legal process of seeking compensation for injuries, and explain the laws relevant to your state. Here is what you should know about hiring and working with one.
How Long Do You Have To Get a Lawyer After a Car Accident?
After a car accident, you should consult with a car accident attorney as soon as possible to provide immediate accident investigation, secure evidence, and to advise relating to the process. While states have different statutes of limitations, which may provide a time frame of anywhere from two to ten years depending on the state, the longer you take to contact a lawyer, the more difficult it will become to collect vital evidence. Additionally, the other party may have already contacted an attorney, which can put them at an advantage in the case. An experienced car accident lawyer can help investigate the crash, gather evidence demonstrating the other party’s negligence, and handle negotiations with insurers.
Do I Need a Lawyer After a Car Accident?
Experienced car accident attorneys note that car accident victims have a case under the following conditions:
- The victim experienced injuries or damages such as pain and suffering, medical expenses, lost wages, emotional harm, and property damage.
- The other party is at fault, and their negligence caused the accident or injuries. The at-fault party may be another driver, the driver of the vehicle that the victim was in if the victim was a passenger, a pedestrian, or any other party that causes unsafe road conditions.
- The claim is made within the statute of limitations. The time limit will differ from state to state, but within Georgia car accident victims have two years from the date of the accident to file a claim. Exceptional circumstances to the accident may sometimes shorten or lengthen the statute of limitations. A lawyer may be able to advise.
While there is no requirement to hire a lawyer after a car accident, doing so can often be beneficial; car accident victims who try to fight for a claim without legal representation often end up settling for a much smaller amount of compensation than what they may have been eligible for. According to the Insurance Information Institute, auto liability claims for property damages average around $4000 while the auto liability claims for bodily injury average around $16,000. A person seeking compensation without the advice of a skilled attorney may settle for considerably less.
If you have questions about hiring & retaining an auto accident lawyer, or how to fully recover your losses, contact an experienced law firm in Atlanta which serves Decatur, LaGrange, Marietta, Riverdale, and Chattanooga.
What Percentage Does a Lawyer Get in a Settlement Case?
Typically, a car accident attorney will charge a contingency fee. This means that if the attorney recovers financial compensation, they will receive a percentage of the settlement awarded. However, if they do not recover financial compensation, you are not required to pay them. Contingency fees are contracted through a written document that is signed by both the client and the law firm, with percentages for the attorney’s fees typically accounting for around one-third of the settlement, or 33.3%, if the settlement is reached prior to filing a lawsuit, and 40% on a recovery after a lawsuit is filed or at trial. The percentage can vary and even go up to 40% depending on the situation. These costs are for legal fees; expenses are considered additional costs and may be charged separately.
How Much Does an Attorney Charge for Car Accident Claims?
In addition to the contingency fees, other expenses include:
- Court filing fees
- Expert witness fees
- Court report fees
- The costs of obtaining the police reports and medical records
Hall & Lampros attorneys generally cover the expenses during the case and deduct the money from the settlement, while in other cases they may require the client to pay the fees as they arise.
While contingency fees are the most common form of payment, some attorneys may use other payment models including hourly rates, flat-fee arrangements in which the full amount that the attorney charges to represent the client is determined in advance and regardless of outcome, or a retainer fee, which establishes an upfront amount meant to cover a certain amount of hours; with hours beyond the retainer billed separately. In some cases, attorneys may opt for a hybrid model which uses several of these payment models.
How Can an Attorney Help Me After a Car Accident?
Car accidents can be harrowing and overwhelming experiences, but hiring and working with a knowledgeable car accident attorney can help alleviate some of the stress associated with these experiences. Knowledgeable car accident lawyers can play a key role in securing evidence, investigating and determining responsible parties, negotiating with insurance companies, and evaluating and advising on medical costs and accident-related expenses. Navigating legal processes after an accident can be confusing, which is why it can be deeply beneficial to work closely with an attorney.
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