Not every fender-bender requires a lawyer. If nobody was injured, fault is clear, and the only issue is repairing a small amount of vehicle damage, you may be able to resolve the matter on your own.
When you leave an accident with a serious injury, medical bills, miss time at work, or the insurance company is disputing liability, handling a car accident claim on your own can become considerably more difficult.
There is no rule saying you must hire an attorney after a crash. Instead, you should consider what is at stake. Keep reading to learn about several circumstances that make getting legal representation particularly important and why.
You Suffer a Serious or Permanent Injury
The more serious your injury, the more difficult it can be to calculate fair compensation.
Future medical expenses deserve particular attention in these cases. A broken arm might require surgery or rehabilitation. A spinal cord injury could require decades of treatment, adaptive equipment, home modifications, and personal assistance.
Permanent disability, scarring, disfigurement, or reduced future earning capacity can also increase the scope of your damages. These claims may require medical, vocational, economic, or other expert evidence.
A settlement that pays today’s bills but ignores future surgery may not account for the complete financial impact of your injuries. Calculating future losses can be confusing; having a lawyer can ensure your compensation demand includes every dollar you are entitled to.
Fault Is Disputed
The other driver may initially apologize at the scene. Later, the insurance company might tell a completely different story. The insurance company may even claim you caused the crash. If they succeed in that argument, it can affect your final compensation award because of West Virginia’s modified comparative negligence law.
Under this law, an accident victim can typically only recover compensation if they are 50% or less at fault for their injuries. Their recovery can be reduced by the percentage of blame assigned to them. If they are found to be more than 50% at fault, they may lose the right to recover any compensation.
A lawyer can independently investigate what happened rather than simply accepting the insurance company’s version of events.
Multiple Vehicles Were Involved
A chain-reaction collision can create difficult questions about responsibility. Did the first driver cause every subsequent impact? Did another motorist follow too closely? Did two or three drivers contribute independently?
West Virginia law generally allocates liability among the people who caused the damages, which makes identifying all responsible parties critical to your case. An experienced lawyer can deduce who all the potentially liable parties are based on the facts of your case and investigate which ones to include in your claim.
The Insurance Company is Offering a Quick Settlement
A fast offer can sound attractive when medical bills are piling up, and you cannot return to work. But speed is not necessarily a sign that the offer reflects the full value of your losses.
Once you sign a release and resolve your claim, you usually cannot return later and demand additional compensation. This is true even when your injuries turn out to be worse than expected. Understanding your prognosis before settlement can be critical.
An attorney can communicate and negotiate with the insurance company on your behalf to level the playing field and prevent them from taking advantage of you in a stressful time.
You Need Help Gathering Evidence
A personal injury case is ultimately an evidence problem. You may know exactly what happened, but the insurance company does not have to accept your description without proof.
Useful evidence can include:
- Police reports
- Photographs of the accident scene
- Photographs of vehicle damage
- Witness statements
- Dashcam footage
- Surveillance footage
- Traffic-camera recordings
- Skid marks or roadway evidence
- Vehicle electronic data
- Cell phone records when relevant
- Medical records
- Medical bills
- Employment records
Different types of evidence prove different parts of the case. A surveillance video might establish that the other driver ran a red light. Payroll records will not prove negligence, but they can help document the income you lost while recovering. A lawyer can bring these pieces of evidence together to tell the whole story.
Contact a Charleston Car Accident Lawyer at Farmer, Cline & Campbell Personal Injury Lawyers Today
You do not necessarily need a lawyer simply because two vehicles collided. However, you should consider getting legal advice when the consequences of an accident are significant.
Serious injuries, disputed liability, permanent disabilities, multiple defendants, and aggressive insurance tactics can transform an ordinary claim into a complicated legal dispute.
If you were injured in a West Virginia car accident, you do not need to face the legal challenges by yourself. Contact Farmer, Cline & Campbell Personal Injury Lawyers today for a free case consultation at (304) 346-5990 with a Charleston car accident lawyer. We will help you investigate your crash, document your damages, negotiate with insurers, and pursue litigation when necessary.