In the aftermath of a car accident in Northern Virginia, one of the first questions that may come to mind is whether it’s worth hiring a car accident lawyer, or if you can handle the claim independently. With more information readily available online—and concerns about legal fees—some personal injury victims are increasingly inclined to tackle their claims on their own.
Certainly, there are cases where this approach is feasible! However, it’s crucial to understand that in most instances, hiring a car accident attorney is a wise choice. (And even if you’re not sure about whether you need a lawyer for a car accident case, remember that almost all car accident lawyers offer a free consultation. You have nothing to lose by calling!)
In this article, we’ll explore the factors that influence the decision to hire an attorney, the significant ways an attorney can assist you, and why, here at BenGlassLaw, we offer free initial case reviews and work on a contingency fee basis to ensure that you are never at personal risk when seeking legal representation.
The Changing Landscape of Personal Injury Claims
Over the years, the landscape of personal injury claims has evolved significantly. More information is now readily available to the public through various online resources, legal blogs, and self-help guides.
This increased access to information has given some car accident victims the confidence to try handling the initial stages of their claims independently. The thinking here is that if you can handle your car accident claim yourself and negotiate an out-of-court settlement, you won’t need to pay attorney fees and you’ll get to keep more for yourself.
Others are worried that they just can’t afford a personal injury lawyer, period. (In reality, this is almost never true, since virtually all auto accident attorneys work on contingency and only get paid if their clients do. But not everyone knows that.)
While, again, it’s true that certain personal injury cases might not need the help of an attorney, it’s essential to recognize that not every case is the same, and the decision to hire an attorney should be based on the specific circumstances of your situation. Google will only take you so far. And if you decide too late that, actually, you really do need help, it’s possible that critical evidence may be permanently lost, or your lawyer won’t have enough time to build a strong case before the statute of limitations expires.
6 Critical Factors That Influence the Decision to Hire an Attorney
1. The Severity of the Accident
If you were only in a minor accident—no serious injuries or property damage with little or no missed time at work—handling the case on your own could potentially be in your best interest. However, as the severity of your car accident injuries increases, so does the complexity of your claim. Legal representation for a serious car accident means a much smoother and less stressful process, and it usually means a greater chance of success and more money in your pocket, too.
2. Permanent Effects
If the accident has caused permanent effects, such as long-term injuries or disabilities, hiring an attorney becomes even more critical. These cases often require a thorough understanding of medical and rehabilitation costs, potential future expenses, and long-term impact on the victim’s life. Additionally, it will be necessary to have experts draft reports and possibly testify regarding any claim of permanency. An accident victim is not going to have any idea where to even begin, but an experienced car accident lawyer will already know the tactics and experts that are needed to assemble a convincing personal injury claim.
3. Contributory Negligence Laws
Virginia follows a contributory negligence legal framework, which can make it challenging for an injured party to recover damages if they are found even partially at fault for the accident.
Under contributory negligence, if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. This strict standard can be a significant obstacle for accident victims, and insurance companies often use it to their advantage. If the insurance company believes there is an argument in terms of who was at fault for the accident, they will either outright deny your claim, or may make a compromised offer to see if they can get the case settled without litigation. An experienced attorney can help navigate these laws to maximize your compensation.
4. Complexity of Liability Issues
In some car accidents, determining fault can be a complex issue. And it’s important to remember that just because it seems obvious to you that the other driver was at fault does not mean it’s obvious to the other driver’s insurance company. Attorneys have the expertise to investigate accidents, gather evidence, and establish fault accurately. This is particularly important in cases involving multiple parties or disputed liability.
5. Insurance Coverage
Another significant factor is understanding the various sources of insurance coverage available. An attorney can help identify all potential insurance policies that could provide compensation for your injuries and can ensure that the insurance companies disclose policy limits as soon as legally possible so that other claims can be opened in a timely manner.
6. Accurate Calculation of Damages
Calculating damages in a personal injury case can be intricate, particularly if you’ve suffered injuries that have, or will have, long-term impacts on your life. An attorney can ensure that all losses are properly documented and compensated, including:
- Economic Damages: Economic damages, also known as special or compensatory damages, are a significant component of car accident cases in Virginia. These damages are meant to compensate the injured party for financial losses and expenses incurred as a result of the accident. Economic damages in Virginia car accident cases typically include medical bills, property damage, lost wages, additional out-of-pocket expenses.
- Non-Economic Damages: Non-economic damages, also known as general damages, are another category of compensation that can be awarded in Virginia car accident cases. Unlike economic damages, which cover tangible and calculable losses such as medical expenses and lost wages, non-economic damages are meant to compensate for less quantifiable losses that a victim may experience due to the accident. These non-economic damages typically include pain and suffering emotional distress, loss of enjoyment of life and scarring and disfigurement.
Additionally, in some cases, especially those where the other driver was impaired, punitive damages may also be available. These go above and beyond mere compensation, and may be awarded as a punishment when an at-fault driver acts with gross negligence or recklessness—for example, if the driver was severely intoxicated.
RELATED POST: You May Be Able to Collect More Money if You Were Hit By a Drunk Driver (benglasslaw.com)
How a Car Accident Lawyer Can Help
So by now, you may be starting to realize that getting fair compensation for your insurance claim might be trickier than you thought. Here are a few critical benefits a good car accident lawyer can provide:
- Legal expertise: Attorneys are well-versed in personal injury law and can provide expert guidance throughout the claims process. They understand the intricacies of Virginia’s laws and how they apply to your case.
- Thorough investigation: Attorneys have the resources and experience to investigate the accident thoroughly. They can gather evidence, interview witnesses, and even work with experts to reconstruct the accident scene to establish fault.
- Negotiation skills: Negotiating with insurance companies can be challenging, especially when they aim to minimize payouts. Our attorneys are skilled negotiators who can ensure that you receive fair compensation for your injuries.
- Medical expertise: Attorneys work closely with medical experts who can assess your injuries and their long-term implications. This helps in accurately calculating damages and future medical needs. It also enables you to ensure that you are getting the needed documentation from your medical expert so that the insurance company can evaluate your injuries fairly.
- Legal resources: Attorneys have access to legal databases, precedents, and resources that can be invaluable in building a strong case.
- Litigation support: In cases where a fair settlement cannot be reached through negotiation, attorneys can represent you in court and advocate for your rights at trial. It is essential that you hire an attorney who is not afraid to file a personal injury lawsuit if the insurance company is not evaluating your claim fairly. Having an attorney who has the reputation with the insurance companies to litigate cases can also help you to obtain a fair settlement without having to resort to filing a lawsuit.
Worried About Cost? We Offer Free Initial Case Reviews and Work on a Contingency Fee Basis
At BenGlassLaw, we understand the concerns you may have when considering legal representation after a car accident. To address these concerns, we offer free initial case reviews and work on a contingency fee basis. What does this mean for you?
- Free Initial Case Reviews: There is no cost or obligation associated with speaking to an attorney at our firm about your case. During this review, you can discuss the details of your accident, your injuries, and your concerns. Our attorneys will provide an initial assessment of your case and recommend the best course of action. We only take on cases where we can add value to your case. If we feel that you will be better served by handling your case on your own, we will point you to the resources available to assist you.
- Contingency Fee Basis: We understand that you may be worried about legal fees. That’s why we work on a contingency fee basis. This means that you only pay legal fees if we secure a recovery for you. If we do not win your case, you owe us nothing. This arrangement ensures that you are never at personal financial risk when seeking legal representation. Our fees do not increase if we file a lawsuit and/or have to take your case to trial. This ensures that your case is being handled in the most efficient way to get you the maximum value without you having to worry about increased attorney fees.
The BenGlassLaw Approach
At BenGlassLaw, our commitment to clients goes beyond just securing cases for our own benefit. As a matter of integrity and putting our clients first, we will not take on a case if we believe that the client would be better off handling it independently.
We believe in providing free resources and documents to injury victims who are looking to represent themselves. Our goal is to ensure that you receive the assistance you need, whether it’s through our representation or through the guidance and resources we offer.
After a car accident in Northern Virginia, the decision to hire an attorney should be based on the unique circumstances of your case. While more information is accessible online, the complexity of personal injury claims often necessitates legal expertise. Hiring an attorney can greatly improve your chances of receiving fair compensation for your injuries, especially in cases involving severe injuries, permanent effects, complex liability issues, or contributory negligence laws.
It’s important to remember that initial case reviews at BenGlassLaw are free and come with no obligation. Additionally, our attorneys work on a contingency fee basis, so you only pay legal fees if we secure a recovery for you. We are committed to serving the best interests of our clients, and if we believe you would be better off handling your case on your own, we are happy to provide free resources and documents to guide you through the process. Your well-being is our priority, and we are here to help you navigate the challenging aftermath of a car accident.
