Should You Hire a Lawyer After a Car Accident That Wasn’t Your Fault?

Picture this: You’ve just been a victim of an accident where you bear no fault. What’s your next step? Do you immediately file a report with the authorities? Or do you fold your hands and wait for the person at fault to compensate you for the loss?

Logically, that is the least they could do after putting you in harm’s way, right? Unfortunately, accident settlement disputes are not always straightforward. The insurance company may dispute the due amount, and you may even need to prove that you indeed had no fault.

The entire process can be overwhelming, especially when you work all by yourself. If you’re trying to file a claim or start a lawsuit against the negligent party, you need proper legal representation. An Oklahoma City, OK car accident lawyer can help you gather evidence, communicate with insurers, and pursue the full compensation you may be entitled to, whether through negotiation or litigation.

What Happens After A Car Accident That Wasn’t Your Fault

Your next steps after an accident may either strengthen or weaken your chances of building a solid case against the negligent party. If you’ve just been in a no-fault car accident, here’s what you should do:

1. Seek Medical Care: Locate the nearest hospital for a proper check-up to estimate the extent of your injuries. Ensure that the medical staff dresses your wounds, if any, and start treatment where necessary.

Even where there is no visible injury at that point, you still need to check for internal bleeding or early signs of psychological trauma. Any delay in visiting the hospital could escalate the impact of your injuries and lead to emotional trauma.

2. Document Everything and Collect Evidence: As soon as possible, begin to gather any evidence or record of the accident. Police statements, dash cam footage, photographs of the accident scene, and details of the negligent party are vital details to keep.

Your test reports, medication records, injury records, and diagnosis records will also help you build a solid claim. If you have done repairs on your vehicle or missed work because of the accident, document it. Every detail counts, no matter how small.

3. Contact A Car Accident Attorney: With your evidence, you should contact a lawyer to help you build a solid claim. A qualified attorney will outline your options and evaluate your liability.

Since it is a fresh claim, most lawyers would offer a free consultation to familiarize themselves with your case before proposing a fee structure. Don’t delay.

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

Consulting a firm like ours after an accident is in your best interest, whether you are at fault or not. The stress of dealing with injuries, property repairs, and medical costs can take a toll on your mental health.

At this point, you’re prone to forgetting important details about the accident if you don’t document. You may also be tempted to grab the first offer you receive without proper evaluation.

Hiring a car accident attorney is important as they would help you:

• Protect Your Rights: An attorney would help you handle correspondence with the other party, insurance companies, and any other person involved in the settlement. They will also guide you on what to say during the settlement discussions.

This will prevent you from making unnecessary statements that could hinder the progress of your case.

• Avoid Undervalued Settlements: Insurance companies are likely to approach you with subpar offers to encourage you to settle the dispute easily. These offers come so fast that you barely have the time to evaluate the extent of your injuries and expenses.

No matter how tempting the initial settlement offer may seem, it would most likely not cover necessary expenses. Working with a lawyer would help you negotiate a more suitable claim.

• Prove Damages and Fault: If you say you are not at fault, it is your lawyer’s duty to prove it. A legal professional would gather every image or document that would prove that you have no fault.

They also document your expenses, treatment, and any loss you may have suffered from the crash. That way, they can bring an action for compensation on your behalf.

Schedule a confidential consultation today and get started with your settlement.

Benefits and Risks of Hiring a Lawyer After a Car Accident

Hiring a lawyer after an accident has its pros and cons. To ensure you make an informed decision, you should consider both options:

In most cases, the benefits often outweigh the risks when you work with an experienced team of lawyers. You can screen different attorneys until you get the best fit for your case. Since it is a claim arising from a car accident, you need a personal injury lawyer.

One way to gauge the quality of a lawyer’s work is through clients’ testimonials. Look through the experience of past clients to give you an idea of what working with the lawyer will be like. If most of the reviews are negative, you should look for another.

When You Should Strongly Consider Hiring a Car Accident Lawyer

You should strongly consider hiring a lawyer when you have sustained injuries. Whether mild, severe, or psychological, injuries require medical care and will most likely modify the final settlement amount.

Secondly, you should contact your lawyer once the liability is in dispute. Despite your claim of no-fault, you would need to prove your case once the other party vehemently denies liability. Every piece of evidence that points to your lack of fault will come in handy here.

Finally, you should hire a car accident lawyer once you get a settlement offer from an insurance company. Your lawyer will review it thoroughly and negotiate a new arrangement in your favor.

Costs of Hiring a No-Fault Car Accident Lawyer

The cost of hiring a no-fault car accident lawyer is usually calculated as a contingency fee. This means that there is no upfront cost, and the client pays at the end of the case. The rate is often 33-50% of the settlement amount.

There is also a hybrid fee structure, which is a combination of different billing methods. This often works as a retainer fee to secure attorney services plus a contingency fee for specific cases.

Several factors come into play when fixing the cost. For instance, the number and severity of injuries will most likely lead to a higher percentage. Case expenses are also charged with the final amount.

Another factor to consider is the mode of settlement. Simpler settlements take shorter times and are usually cheaper in cost. However, in the instance where settlement does not work out, the matter may go to trial.

This will then translate to higher costs for filling, court appearances, etc. To determine the cost of hiring a car accident lawyer for your case, you should start by scheduling a consultation with your attorney to draw up a legal strategy.

Is It Worth Getting an Attorney for a Car Accident?

From all we have said so far, you can agree that getting an attorney for a no-fault car accident is worth it. You get to enjoy sound legal advice, better negotiation, solid representation, and increase your chances of getting a payout.

Do not wait till your settlement is in dispute or until you get a low-quality offer before you contact a lawyer. You should have a lawyer on speed dial for matters like these, whether you are at fault or not.

Frequently Asked Questions (FAQs)

Accident victims often delay contacting attorneys because they lack clarity on pressing issues. To address that, we’ve provided answers to some of the most common questions people ask about car accident settlements:

How Long Do I Have to File a Claim After a Car Accident?

Generally, the 2-year statute of limitations for personal injury also applies to car accidents in Oklahoma. However, the timeline will be reduced to one year, which involves government property or personnel. The involvement of a minor or a mentally unstable person may also extend the timeline.

Can I Change My Lawyer After I Hire One?

Yes, you have the right to change your attorney, even when the case has commenced in court. You, however, need to compensate the old attorney for the work done. Where the matter is already in court, you will need the court’s approval for a substitution of counsel.

What Happens If The Other Driver Has No Insurance?

If the other driver has no insurance, you can rely on your uninsured motorist (UM) coverage to cover your expenses. In the instance where the UM coverage is insufficient or you have no UM coverage, you can sue the driver personally.

Can I Claim Compensation for Emotional Distress?

Yes, you can claim compensation for emotional distress by bringing an action for intentional infliction of emotional distress (IIED). In your claim, you must show proof that the emotional distress was a result of the extreme and outrageous conduct of the defendant. Records of medical tests and psychological evaluations linking the accident to your diagnosis will help you build a solid case.

Conclusion

Getting involved in a no-fault accident does not guarantee you a stress-free settlement. You may attempt to handle the settlement on your own to avoid the hassle and paperwork. However, you will be opening yourself up to lower settlements and lowball offers.

At Lai & Turner Law Firm PLLC, we work tirelessly to negotiate the maximum settlement for our clients. From the first consultation till the final settlement, we keep a record of every piece of evidence that will help strengthen your case.

You don’t have to worry about costs as the contingency payment structure applies when the case is settled. Confused about how to get started with your car accident settlement? Get Clear Answers About Your Legal Options. Our team is always ready to help!