do i need an attorney?

Question

i was in a car accident, was injured my car got totalled, do i need an attorney and for what reasons?

Answer 1

I know in this day of age where every other commercial is an attorney and people throw around "sue' like its their job- it's easy to assume insurance companies are the bad guys and assume you need an attorney.

First- call your insurance company and file a claim. They will explain the coverages in your state (for example- some states your own insurance covers part of your injuries- others the at fault party completely covers them.

Next- for the total of your vehicle- an attorney is absolutely no help. You get the actual cash value of your vehicle- nothing more- nothing less.

Now- for your injury- if it is deemed permenant- you are entitled to a settlement above and beyond medical expenses. Depending on severity the insurance company will make an offer- alot of people nowadays get greedy and think this is their golden opportunity to get rich and that is why they will tell you to go get a lawyer.

If you get to the settlement stage and are not comfortable or get confused- then sure... eventually you pay want an attorney. Keep in mind though it delays the time it takes to settle greatly and they will get 1/3 of it. But why dont you talk to the adjuster first and see if you can handle it without one?

Answer 2

All depends. How severe were your injuries. If you broke any bones or have treatment that will last for at least a year you may definately want to consider.

If you substained minor injuries (bruising, sore neck, headaches, cuts, abraisons) it may not be worth it.

Keep in mind, many attorneys by state law will take 50% on what is awarded. Granted you may get more with an attorney, but still come out less.

As an adjuster if I offered you $10,000 if you did it yourself, and your attorney got you $14000, you would only obtain $7000 w/ the attorney and $10000 w/o the attorney.

But weight the difference, your attorney is going to read your policy contract inside and out, and they will know exactly how to proceed. At the same time as an adjuster I have processed many of claims where there were no attorneys involved.

Lastly, most attorneys will only handle the injury portion of a claim, its very hard to get an attorney who will handle your property damage claim as well since those are pretty straight forward. If you decide to retain an attorney, see if he do both aspects of the claim for you. =)

Hope that helps.

Answer 3

You do need an attorney. I work for a personal injury firm and if you don't have an attorney, then the insurance company will play you out.

However just because your car was totalled doesn't mean that the insurance company has to compensate you for injuries alleged. You must prove to the insurance company that you are in fact SERIOUSLY injured. By serious, I mean at least 1 herniation. You have to consistently treat with a chiropractor, physical therapist, and/or pain management physician. You have to get MRI's of your cervical & lumbar (which is neck & back) to prove injury. No MRIs-no proof. Have your physican refer you to them at least 1 1/2 months after the accident. Seek a Neurologist to see if you have any nerve damage that you may not know about.

Some people when they get into accidents, they dislocate their jaw and have no idea that they did. All they know is that they have bad headaches and a difficult time chewing or moving their jaw. For injuries like this, you would seek a TMJ physician. Or if you hurt your shoulders, legs, and/or arms, you seek a Orthopaedic Surgeon.

You can't just ask the insurance company to pay you b/c they won't. If you treat consistently and your MRIS are good, then you're good to go. But in the event, your MRIS come out normal or bulges, then you will have a difficult time getting any money.

For the car damage to your car, you really don't need a lawyer for that. You can take care of it yourself. Only let your lawyer take care of it, if he's not going to take a fee from the money given to you for your car. They really are not supposed to, but you really hire a lawyer to collect for bodily injuries. So ask if they are going to take 1/3rd from that, then handle the property damage portion yourself.

Answer 4

I would check with your insurance company and see what you are getting for your car and your injuries. If what they are giving you for your car is fine and your hospital bills are going to get paid, I would do nothing. If you feel your bills are not going to get paid, get an attorney to go after the insurance company. They should pay. That is why you pay them a premium every year. Good luck to you.

Answer 5

Your insurance company should be able to handle everything for you. A lawyer will charge you one third minimum for doing what the insurance company should be able to do. If you are not happy with the outcome, you should find a lawyer who will give you a free consultation.

Answer 6

Your insurance usually handles that. Then if you are not satisfied, get an attorney.

Answer 7

mostly for your injury the car is pretty much cut and dry, some of it depends on whos' fault it was and whos' insurance is paying

Answer 8

yes because insurance companies try to screw you even when it was their drivers fault,