Auto Accidents

You have been hurt in an automobile collision and now wonder if you need a lawyer. Family and friends may have differing advice as to whether or not you need a lawyer. Representatives from the insurance companies will often try to discourage injured victims from obtaining the assistance of an attorney. The decision is ultimately yours but here are some things to consider.
 

Severity of the Injury A minor injury with a minimal amount of medical treatment and no lost time from work can usually be handled without the assistance of an attorney. Bumps, bruises, contusions and strains that require only one trip to the emergency room or to the family doctor can usually be resolved fairly quickly with an insurance carrier. If you sustain injuries that require therapy or a number of visits to a physician you are more likely to benefit from the assistance of an attorney. If your injuries are permanent or disabling, an attorney can present your claim for your permanent impairments and loss of income so that you may be fully compensated.

Getting a Fair Settlement Often the insurance company representative will seem to cooperate and even make an offer to resolve your claim, but it is still a good idea to contact an attorney to see if you are being treated fairly. After discussing your case with you, an attorney can determine whether you are being fully compensated. Often an insurance company representative will offer to pay your medical bills and something for your pain and suffering. An attorney can help determine whether you have been fully compensated for your pain and suffering as well as lost wages, permanent impairment, loss of earning capacity and any other compensable damages.

Cooperation in Settling a Claim If the insurance company fails to contact you or return your calls it may be a sign that they are intent on not cooperating and resolving your claim. Sometimes insurance companies will not cooperate with an injured victim hoping that they will forget about their claim or get tired of the hassle of trying to present their claim. An attorney can help in dealing with the insurance company and assistance will likely be necessary if the insurance company refuses to cooperate.

Denied Claim If you have been hurt but the insurance company doesn’t believe that you have been injured or deny your claim for other reasons, you will likely need a lawyer to assist you in proving your claim. Some cases may be straightforward enough for an injured victim to present on their own, but many cases are denied for legal reasons or issues that may be difficult for an injured victim to handle on their own.

Cost of Representation In determining whether or not you need an attorney you must remember that most attorneys who handle automobile collision cases are paid on a contingent fee. Usually such attorneys charge a 1/3 contingent fee meaning that they are to be paid 1/3 of the total recovery. If your injuries are not severe and you have not suffered a great deal of financial burdens as a result of your accident, the amount of the recovery you can get on your own may be as good as if not more than what you would get after an attorney deducts his fee.

Questions, Worries, and Concerns If you have never been injured in an accident and don’t know your rights or how to proceed, you should consult an attorney. Attorneys can answer your questions, give assistance and help you to decide whether further representation by an attorney can be beneficial to you.

Things To Remember Whether you obtain the services of an attorney or not there are some things of which you need to be aware.

-Many times the insurance company representative will want to take a recorded statement to adjust your claim. If you believe that you are going to seek the assistance of an attorney, wait before giving such a statement as any attorney you may obtain will likely prefer that you not give such a statement without their presence. Also, the insurance company will sometimes use misstatements or your own wording against you in denying your claim and to avoid giving you fair compensation.

-Gaps or delays in your medical treatment often present problems in resolving your claim. Insurance company representatives usually will use gaps or delays in treatment to argue that you were not injured or that your injury has been caused in some other way. If you have been injured and feel you need medical attention, you should seek medical assistance as soon as possible.

-Take pictures. You can describe your injuries or the damage to the vehicle involved in an accident but pictures will be much clearer. If your claim is denied and you are forced to file a lawsuit, the pictures you have taken are likely to be more beneficial than any description you can give.

-Make sure your injuries have healed before settling your claim. Once you settle your claim, you will likely sign a release that will prevent you from obtaining any further compensation. If you have not fully healed and settle your claim, you may be denying yourself fair compensation. Until you have healed you may not know the full extent of the treatment you need or may not know the full extent of your injury.

-You are limited in the amount of time you have to recover your claim. For an automobile collision in South Carolina the standard amount of time to bring an action to recover for your injuries is three years. Sometimes this period can be shorter depending on who is involved in the collision or responsible for the collision. You should contact an attorney to see how much time you have to bring an action for your claim. If you fail to bring an action or resolve your claim before the time period runs, you lose your right to be compensated for your injuries.

 

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