Should I Hire a Lawyer For a Car Accident That Wasn’t My Fault?

Car accidents are an unfortunate reality for millions of drivers each year. Whether it’s a minor fender bender or a serious collision, being involved in a car accident can be a traumatic and overwhelming experience. One of the first questions that may arise after a car accident that was not your fault, is whether or not to hire an attorney.

Is it worth hiring a lawyer for a car accident, or can you handle the situation on your own?

The answer largely depends on the specifics of the accident, the extent of the damages and injuries, and the complexity of the legal process. This guide will walk you through the key considerations of hiring an attorney, the legal framework surrounding car accident cases, and how an attorney can significantly improve your chances of a favorable outcome.

Understanding the Legal Process After a Car Accident

If you’ve been in a car accident, you are likely dealing with insurance companies, medical bills, vehicle repair costs, and potentially lost wages if the accident caused you to miss work.

Many people assume that handling the aftermath of an accident is as simple as filing an insurance claim, but this is rarely the case. Insurance companies are not on your side—they are businesses focused collecting premium payments and on minimizing claim payouts to protect their bottom line. As a result, the legal process can quickly become complex, and having an experienced attorney on your side can make a significant difference.

In most cases, there are four primary ways an attorney can assist you after a car accident:

• Navigating the Legal System: The legal process when filing a personal injury claim is often complex, an attorney will help you navigate the entire process so you can focus on your recovery. 
• Gathering Evidence: A car accident lawyer can help collect critical evidence such as witness statements, police reports, medical records, and accident reconstruction reports to support your claim.
• Negotiating with Insurance Companies: Attorneys understand the tactics that insurance companies use to devalue claims, and they are skilled at negotiating fair settlements. 
• Taking Your Case to Trial: If a fair settlement cannot be reached through negotiations, your attorney will be prepared to take your case to trial. At trial, a jury will review the evidence, hear witness testimony, and ultimately decide the outcome of the case. A skilled attorney will present a compelling argument on your behalf, ensuring that the facts are clearly conveyed and that you have the best chance of securing the compensation you deserve.

When Should You Hire an Attorney For a Car Accident?

Not every car accident will require legal representation, but there are specific situations where hiring an attorney can be highly beneficial. Here are some scenarios where you should consider hiring a car accident lawyer:

Serious Injuries or Fatalities

If the car accident resulted in serious injuries or fatalities, it is essential to consult with an attorney immediately. Serious injuries often require long-term medical treatment and can lead to significant financial losses due to medical bills, lost wages, and potential disability. In cases involving fatalities, wrongful death claims may also come into play, further complicating the legal process.

The Florida Wrongful Death Act allows families of victims who have died due to the negligence of another driver to pursue wrongful death claims. This legal process can be complex, and having an attorney ensures that you follow the appropriate steps and maximize compensation.

Fault Is Disputed

In many car accidents, the issue of fault is contested. If there is disagreement over who caused the accident, having a lawyer can be essential. Florida follows a comparative negligence system (Florida Statutes § 768.81), meaning that each party’s degree of fault can impact the compensation they receive. If the other driver or their insurance company is trying to shift blame onto you, a lawyer can help protect your interests.

Insurance Companies Are Not Cooperating

Insurance companies may offer low settlement amounts or deny claims altogether. They may also delay the claims process, hoping that you will accept a lesser payout due to financial strain. Having an attorney can help ensure that the insurance company treats your claim fairly and pays the compensation you deserve.

Long-Term or Permanent Disability

Some car accidents result in injuries that cause long-term or permanent disability. In these cases, the value of the claim increases significantly because of future medical costs and loss of earning capacity. An experienced car accident attorney can help calculate the long-term costs associated with the injury and fight for full compensation.

Multiple Parties Are Involved

If the accident involved multiple vehicles or parties, the legal process becomes more complicated. Issues such as determining fault, liability, and insurance coverage can become entangled. A lawyer can help sort through these complexities and ensure that you are not held liable for damages caused by others.

Government Entities Are Involved

If the accident involves a government vehicle or occurs on government property, you will need to follow special procedures when filing a claim. These cases have different rules and shorter filing deadlines (known as sovereign immunity laws, Florida Statute § 768.28). A car accident attorney will be familiar with these requirements and ensure that you meet all deadlines and legal requirements.

How Much Does It Cost to Hire a Car Accident Attorney?

One of the main concerns people have when considering hiring a car accident lawyer is the cost. However, most personal injury attorneys, including car accident lawyers, work on a contingency fee basis. This means that you do not have to pay any upfront fees; the attorney only gets paid if they recover compensation for you.

The standard contingency fee in Florida is usually 1/3 of the settlement or court award, though this can vary depending on the complexity of the case and whether it goes to trial. Most car accident lawyers charge a higher percentage if a lawsuit is filed and a defendant denies liability in their answer. The permissible contingency fee in these circumstances is 40%.

Hiring a lawyer on a contingency fee basis makes legal representation accessible to most people, even if they cannot afford to pay upfront. In addition, contingency fee agreements ensure that your attorney is motivated to maximize your compensation since their payment depends on the outcome of the case.

Reasons To Get a Lawyer After a Car Accident in Florida

Hiring an experienced car accident attorney offers numerous benefits, even for relatively straightforward cases. Here are some of the ways an attorney can help:

Maximizing Compensation

One of the most significant advantages of hiring a lawyer is the potential to increase your compensation. An attorney can help you calculate the full extent of your damages, including:

• Medical Expenses: This includes not only current medical bills but also the cost of future treatments, surgeries, rehabilitation, and medication.
• Lost Wages: If the accident caused you to miss work, you are entitled to compensation for the income you lost during your recovery.
• Pain and Suffering: This refers to the physical and emotional distress caused by the accident and is often more difficult to quantify. An experienced lawyer can help determine an appropriate amount for pain and suffering damages.
• Loss of Earning Capacity: If the accident caused a permanent disability that affects your ability to work, you may be entitled to compensation for the loss of future earning capacity.
• Property Damage: This includes the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.

Without a lawyer, many accident victims underestimate the value of their claim and settle for far less than they deserve.

Handling Complex Legal Processes

Navigating the legal system can be daunting, especially for those unfamiliar with the laws and procedures involved in personal injury claims. A car accident lawyer can handle all aspects of the legal process, including:

• Filing the necessary paperwork and meeting deadlines
• Communicating with insurance companies and other parties involved in the case
• Gathering evidence and building a strong case
• Representing you in court if necessary

By handling these tasks, a lawyer allows you to focus on your recovery while ensuring that your case is being handled properly.

Understanding the Statute of Limitations

Most states have a strict time limit for filing a personal injury lawsuit, known as the statute of limitations. In Florida, you typically have two years from the date of the accident to file a lawsuit. If the accident resulted in a wrongful death, the statute of limitations is also two years. 

Failing to file within this timeframe will likely result in your case being dismissed, regardless of the strength of your claim. An attorney will ensure that you meet all legal deadlines and avoid jeopardizing your case.

Dealing With Insurance Companies

Insurance companies have teams of adjusters and lawyers who work to minimize the amount they pay out in claims. They may use various tactics to reduce your compensation, including:

• Offering low settlement amounts before the full extent of your injuries is known
• Pressuring you to make recorded statements that can be used against you
• Delaying the claims process in the hopes that you will settle out of desperation

An experienced car accident lawyer understands these tactics and can counter them effectively. Your attorney will negotiate with the insurance company on your behalf to ensure that you receive a fair settlement.

Trial Representation

While most car accident cases are settled out of court, some may require litigation if a fair settlement cannot be reached. If your case goes to trial, having a skilled attorney on your side is crucial. Personal injury trials can be complex and require extensive knowledge of the law and courtroom procedures.

A car accident lawyer will prepare your case for trial, present evidence, question witnesses, and make legal arguments to advocate for your best interests. Without legal representation, your chances of success in court are significantly diminished.

Common Misconceptions About Hiring a Car Accident Attorney

There are several misconceptions about hiring a car accident lawyer that may prevent some people from seeking legal representation. Let’s address some of the most common myths:

“Hiring a Lawyer Is Too Expensive”

As mentioned earlier, most car accident attorneys work on a contingency fee basis, meaning you pay nothing upfront. Additionally, the attorney’s fee is a percentage of the settlement or verdict, so there’s no financial risk in hiring a lawyer.

“I Can Handle the Insurance Company on My Own”

Many people believe they can handle the insurance claims process without legal assistance. However, insurance companies are in the business of delaying claims and minimizing claim payment, and without an attorney, you may not receive fair compensation.

“My Case Is Too Small for a Lawyer”

Even minor car accidents can result in significant financial losses due to medical bills, property damage, pain and suffering, and lost wages. A lawyer can help ensure that you receive compensation for all your losses, no matter how small the case may seem.

“The Insurance Company Will Offer a Fair Settlement”

Unfortunately, insurance companies often offer settlements that are far below what victims deserve.  Without an experienced car accident lawyer, you won’t have a good understanding of how much your case is actually worth. Hiring an attorney increases the likelihood of receiving a fair settlement that fully compensates you for your injuries and losses.

Is It Worth Hiring a Car Accident Lawyer in Florida?

Yes, in most cases, hiring a car accident attorney in Florida is well worth it. The legal process following a car accident can be complicated, and insurance companies are not always willing to offer fair compensation. By hiring a lawyer, you increase your chances of receiving the full compensation you deserve for your injuries, lost wages, and property damage.

Our law firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, cruise ship injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout the state of Florida, including Miami, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.

If you’ve been involved in a car accident in Florida, don’t wait to seek legal help. Contact the experienced attorneys at Flanagan & Bodenheimer Injury and Wrongful Death Law Firm for a free consultation. Call 305-638-4143 or complete our online form to get in touch with us. Our dedicated team will help you navigate the legal process and fight for the justice and compensation you deserve.