Hi everyone, this is my first post here. I’ve been reading through the discussions and learning a lot. One common topic I see is when to get a lawyer after a car accident. Can anyone clarify when it’s necessary or worth it to involve a lawyer? Is it based on the severity of injuries, whether the other party has insurance, or if children are involved? What other factors should I consider?
For some context, I was in a car accident with my son a few months ago. We were t-boned, and since it was my first experience with something like this, I decided to hire a lawyer to represent us.
It’s not a one-size-fits-all situation, but the extent of the injuries and who you’re dealing with (like personal vs. commercial insurance policies) should be taken into account.
If you’re dealing with minor injuries like soft tissue damage, you might not need a lawyer, as they could add unnecessary costs by encouraging more treatments, like chiropractic care. But if you’ve got broken bones, surgery, or permanent injuries, getting a lawyer would make more sense.
Also, some people just prefer to have someone else handle the process rather than do it themselves.
@Oli
This is spot on! I hired a lawyer because I didn’t want to deal with the stress of it all. But in the end, the lawyer took $3,880 out of an $8,300 settlement, and my medical bills were $6,810, leaving me with $4,420 to pay those bills. It wasn’t worth it in my case.
@Flynn
That sounds like a rough deal. Most lawyers take about 33%, so 45% sounds like a bad deal. I’ve been talking to lawyers about my accident, and I was able to get a 25% rate. If you still ended up with $4,420 more than you’d have gotten without a lawyer, though, how was it a waste?
@Huxley
I used Morgan & Morgan, and after their fees, I didn’t have enough to cover my hospital bills. I got t-boned, my car was totaled, and my daughter and I ended up in the hospital. I figured getting a lawyer was the right thing to do, but I ended up struggling to pay the bills. I could have just let the at-fault insurance cover everything without involving a lawyer.
@Huxley
You really need to read your contract with the lawyer. They usually take 33.33% off the top, and if there are additional expenses like investigators or second opinions, those get added on. In the end, they can take more than 45% of your settlement, and then you’re left to pay your medical bills with whatever’s left.
@Zade
Even if it’s 45%, that’s still more than you’d have gotten on your own. A friend of mine, who’s a law student, got a $66,000 settlement for a less serious accident than mine. He advised me to always get a lawyer.
In my case, the other driver (an Uber driver) ran a red light and t-boned me. He tried to blame me for the accident. My lawyer tracked down a witness who confirmed my story, and they’ve handled all my treatment without me having to pay anything upfront.
In my experience, getting a lawyer has always been worth it.
@Oli
Thanks for your input! I’m the one with more serious injuries. In addition to soft tissue damage, I had a concussion and back issues. It could have been worse, so I’m grateful, but it’s still been a tough experience. I appreciate your help!
@Alexis
Depending on where you are, if your son’s claim is large enough, you may need court approval for his settlement. It’s often called a Minor’s Compromise. Since you’ve got a lawyer, they should handle that, but if you didn’t, the insurance company would help guide you through it.
@Oli
Thank you! I have another question. The guy who hit us didn’t have a driver’s license, but he provided insurance information and said his vehicle is covered under his company’s insurance (the policy is in the business name). Does that mean it’s commercial insurance? And does the fact that he didn’t have a license impact our case?
@Alexis
It’s not about whether he had a license. I lost a paid-off car and now have to make payments. My son keeps telling me he thought he was going to watch me die. I just want to know if his lack of a license could affect whether insurance covers our medical bills.
It really depends on how complicated the claim is. Unfortunately, most people don’t know if their claim is complex or not.
For example, my kid was injured at daycare, and even though I’m an experienced insurance adjuster, it was one of the most stressful things I’ve dealt with. I was so scared of making a mistake for my kid’s sake, and the case required court approval because of her age.
I used to laugh at people who got lawyers for small injuries, but I stopped after that.
@Kim
Thanks for sharing your experience! I’ve been second-guessing myself for hiring a lawyer, but your story reassures me. It’s been such a stressful and overwhelming time, especially with multiple insurance companies calling me the day after the accident. Managing all of that while dealing with pain and family responsibilities was too much.
@Alexis
But it sounds like your kid wasn’t really injured? It seems like you’re mostly talking about yourself. Your child might get a small settlement, maybe a few thousand dollars.