Do you need a lawyer after your car accident? There are times when you do and times when you do not. Here, we discuss clear instances where you do need an attorney to guide you through the process and when a lawyer is actually unnecessary. This is a common question people wonder after an accident. You may believe you can handle an accident yourself. In fact, the insurance company may have already made you an offer. You understand that hiring a lawyer can cost money. So, why go through the hassle of hiring an attorney when you are already offered money for minimal effort? The short answer is insurance companies understand this thought process as well as anyone. They know that you may accept the first offer they make. You may even try to negotiate your claim, causing them to make a second, slightly higher offer.
However, insurance companies know when they are negotiating with someone who will not file a lawsuit against their insured. This lack of leverage in a negotiation invariably leads to receiving an offer below what your case is worth. On the other hand, there are instances where your damages far exceed insurance coverage, and the insurance company may offer all that is available. It is important to note that the insurance companies do not always offer all you deserve. Moreover, there may be other sources of recovery beyond the adverse driver’s insurance policy to cover excess damages. However, if your damages are in the millions, and there is a lone auto policy of $30,000, the insurer may offer you the limits without legal assistance.
When You do Need a Lawyer After a Car Accident
There are several instances when you need a lawyer after a car accident. This is true whether you seek representation from a DC car accident lawyer or a Maryland car accident lawyer. While we touch on just a few key examples below, it is critical to note that a plaintiff recovers, on average, about four times more in compensation with legal assistance than without after a car accident.
If you have Personal Injury Protection (PIP) Coverage
If you have personal injury protection or PIP available, you do not always want to accept it. It depends on what state you executed your insurance contract. For example, if you are in Washington, DC, you do not want to make a PIP claim in most, but not all, circumstances. It is an exceedingly complex statute in the DC Code. If you wish to handle your car accident claim without a lawyer, you may bar your right to recovery by making a PIP claim. The insurance company may not explain this to you at all as it saves them potentially thousands of dollars in compensation. And by the time you do contact an attorney, it is too late. This is something our car accident lawyers have observed countless times. Thus, if you have PIP coverage, speak to an attorney to discuss your options.
If you do try to handle your claim independently, you may lose your right to recovery and be left responsible for covering nearly all your damages.
When There is a Liability Dispute
If there is a liability dispute, the insurance company may deny the claim altogether. What are you to do then? Your only option is to sue the other driver for damages due to negligence. At this point, the insurer reenters the picture and defends their insured. If you are successful at trial, the insurance company will pay the judgment on behalf of their client. However, when you go to trial against the adverse driver, the insurance company provides an attorney to defend the driver. The attorney probably has significant experience in litigating these claims and is likely to win against a layperson without experience in court. Accordingly, it is in your best interest to retain legal counsel if there is a liability dispute in your car accident case.
If You do not Want to Risk Losing Medicaid Benefits
If you receive Medicaid benefits, you may be at risk of losing your benefits if you receive a certain amount in compensation. Maximizing your compensation while still keeping your Medicaid benefits can be tricky. Speaking to a car accident lawyer to discover how to do both is pivotal in getting as much money as possible in your pocket after an accident.
To Exhaust all Sources of Recovery
When a negligent driver hits you, there may be more than one source of recovery. This is particularly important when you have high damages. Let’s suppose you are in a catastrophic accident. In this example, the adverse driver has a $50,000 insurance policy. This is more than the minimum limits in many states. However, your damages exceed $1 million. In this scenario, we may have to look for sources of recovery beyond the obvious negligent driver. An experienced car accident lawyer can assist in exhausting all available sources of recovery. For example, if a negligent trucker or van strikes you, you may have a claim against the company that employs the driver. In this hypothetical scenario, we may consider that company. We may also examine the state or the District of Columbia, which may also play a role in your case.
Furthermore, you may be able to make an underinsured claim under your policy. Of course, this is never your first option if you are not at fault. This is particularly useful because it should not raise your rates. In some states, you can also stack insurance policies for additional sources of recovery. In a case where your damages exceed the adverse driver’s coverage, this is critical in getting you the compensation you deserve. But even then, it is not as simple as locating the source of recovery. You still must negotiate your claim’s value with each insurance provider. Remember, even if you pay them monthly premiums, they do not work for you. Their goal is to maximize profits. That means paying out as little as possible.
When You do not Need a Lawyer After a Car Accident
There are select instances when you do not need a lawyer. While this is a fraction of the time, if we get a call from a potential client and there is already a policy limit offer on the table with no other sources of recovery, it is unnecessary for us to get involved. As we detailed earlier, there are some cases where an insurance provider understands that your damages are in the millions of dollars. So, there is no point in them not offering a full $30,000 policy limit.
A common misconception is when an injury victim gets hurt in a minor accident. Maybe liability is clear, and the insurance provider accepts liability over the phone. You may believe you know how to negotiate, and it is not worth paying the legal fee. However, there is at least one issue with this. While there are nuances such as accepting personal injury protection or medical payment coverage barring your right to recovery, one issue stands out for cases that laypeople look to handle independently of legal counsel.
The Risks of Handling a Car Accident Case Without a Lawyer
There is a lack of leverage if you do not have legal assistance. When negotiating a claim, you may be correct in stating that your case is worth more than they offer. However, they have no reason to increase their offer unless you present leverage. Of course, your leverage is the right to sue. However, insurers are willing to take their chances with you in court if you do not have an attorney representing you. Even in a settlement negotiation, they merely wait for you to retain an attorney.
This leads to another issue we find. You may inadvertently ruin your case when a non-lawyer files a lawsuit against a negligent driver without an attorney. By this point, you likely have missed important deadlines beyond the statute of limitations for personal injury cases, of which there are several. However, some pro se litigants make mistakes in filing their complaints, serving a summons on the defendant, and filing motions with the court. While judges provide slightly more leeway to pro se litigants, their patience rarely lasts long enough to make a favorable difference.
Missing Critical Filing Deadlines
In Maryland and Washington, DC, the statute of limitations for a personal injury claim is three years. Many injury victims will find this information online and believe they have time to wait. This is almost always harmful to your case. Firstly, most personal injury lawyers will shy away from your case if you wait too long. If you wait that long, you will likely miss critical filing deadlines. For example, the PIP deadline in Washington, DC, is 60 days from the date of the accident. In Maryland, the deadline is one year from the accident date. While there are other deadlines, such as putting a defendant on notice in certain instances, the mere existence of such an early deadline causes many attorneys to hesitate. Let’s suppose you are in a car accident. Eleven months after your accident, you contact an attorney who takes your case.
You tell your attorney the wrong accident date because it has been so long that you do not recall precisely the correct date. Or, you tell your personal injury attorney that you do not have PIP coverage when you really do. While a good personal injury lawyer will always check anyway, it may cause some lawyers to hesitate. Then, if the attorney misses the deadline, they could be liable for legal malpractice. If we cannot get your medical bills and records in time, a similar situation may occur. Without all the evidence for your case, we cannot file a lawsuit or attempt to settle your case in a timely manner. This, too, could lead to a legal malpractice suit. While there are countless other reasons why missing a filing deadline can damage your case, these are a few points to consider.
Missteps in Court Procedures and Documentation
Handling a car accident case without a lawyer can lead to significant errors in court procedures and documentation, severely undermining your case. While we do not cover every civil procedure here, we do cover many of the ones to look out for if you decide to pursue your case pro se. In our experience, injury victims contact us a few weeks before their trial. The vast majority of trial lawyers know better than to take a case this close to trial. It is not nearly enough time to collect all necessary evidence to prepare for your case correctly. Beyond that, there are often several mistakes that could destroy your case. First, we see filing errors. When filing a lawsuit, even small mistakes can result in delays or dismissal of your case. The requirements of a complaint differ depending on the court and jurisdiction in which you are filing your complaint.
In any event, it is critical to check with your local rules. We also observe service of process issues. Serving a summons and complaint on the defendant is another crucial step in starting a lawsuit. This process must follow strict legal standards to ensure the defendant is properly notified. If you fail to serve the defendant correctly or within the required time frame, your case may be dismissed, forcing you to restart or lose your claim altogether. A third issue we commonly hear about is a failure to present evidence at trial properly. As the plaintiff and victim in a car accident case, the burden of proof is on you. Missteps, such as failing to authenticate documents or improperly questioning witnesses, can lead a judge to exclude evidence you need to win your case.
Contact Gelb & Gelb Today
While we touch on many important complexities that trip car accident victims up who opt not to hire a lawyer, countless other nuances may ruin your claim. Speak with a car accident lawyer before you miss an important deadline.
Our car accident lawyers in Washington, DC, and Maryland have practiced personal injury law in their respective jurisdictions for over 70 years. Since then, we have successfully represented thousands of clients and recovered over $150,000,000 for our clients. Call our office today for a free consultation at (202) 331-7227.
