Car accidents can cause a wide range of injuries, from whiplash and broken bones to traumatic brain injuries. These injuries can cause financial distress due to mounting medical expenses and the inability to work.
If another driver’s negligence caused your accident, you have the right to pursue compensation for your losses. However, dealing with insurance companies and proving fault can be overwhelming without the proper legal guidance.
You should, therefore, choose the right attorney who will work hard to protect your legal rights. The questions you ask your car accident lawyer guide you in making a wise hiring decision.
At the Law Offices of Jason B. Kessler, our skilled car accident attorneys can explain your rights, gather evidence, negotiate, and litigate towards a fair and just settlement.
Car Accidents - Key Takeaways
- Asking the right questions helps you choose a qualified car accident attorney who can thoroughly investigate your crash, prove negligence, and effectively handle your claim with insurers.
- Compensation for car accident injuries depends on several factors, including the severity of the injury, the duration of recovery, the availability of evidence, and the insurance limits.
- After a minor car accident that wasn’t your fault, seek medical care, file a police report, and contact an experienced car accident lawyer to protect your rights and pursue fair compensation.
- Call a car accident lawyer to protect your right to compensation.
What Questions Should I Ask an Attorney for a Car Accident?
Choosing the right attorney after a car accident can lead to a positive outcome in your subsequent claim. A skilled car accident lawyer handles insurance processes, proves liability, and pursues the compensation you deserve.
However, not every attorney has the same experience, approach, or communication style. Asking the right questions during your initial consultation helps you understand whether the lawyer is the right fit for your case.
Here are a few questions to ask a car accident lawyer:
What Experience Do You Have Handling Car Accident Cases?
Start by asking about the attorney’s background and track record with car accident claims. You want to know how long they’ve practiced personal injury law and how many car accident cases they’ve handled. You should also verify whether they have experience with cases similar to yours.
An attorney focused on motor vehicle accidents understands how to prove negligence, effectively handle insurance adjusters, and negotiate strong settlements.
What Is Your Strategy for Handling My Case?
Every case is unique, and an experienced car accident lawyer can outline a tailored approach after reviewing your specific situation. Ask how they plan to investigate the accident, collect evidence, communicate with insurers, and pursue compensation.
They should have a clear strategy that demonstrates they are organized, prepared, and willing to tailor their approach to your specific needs, rather than using a one-size-fits-all method.
What Compensation Can I Pursue?
A car accident can lead to medical expenses, lost earnings, pain and suffering, and long-term rehabilitation costs. Ask your attorney to explain the types of damages that apply to your case. A knowledgeable car accident attorney pursues all the applicable damages.
How Will You Communicate With Me During the Case?
Proper communication can enhance the chances of success in a personal injury claim. Ask how frequently you’ll receive updates, whether you’ll speak directly with the attorney or their team, and how you can reach them if questions arise.
Consistent communication builds trust and ensures you’re informed about the progress of your claim every step of the way.
How Long Do You Expect My Case to Take?
While no lawyer can predict the exact duration of a case, an experienced car accident lawyer can provide an estimated timeline. They can advise you based on the nature of your injuries, the willingness of the insurer to settle, and court schedules.
This helps you set realistic expectations about the timeline and know what to expect during each phase of the process.
What Are Your Fees and Payment Structure?
Most car accident lawyers work on a contingency fee basis, meaning you only pay if they recover compensation for you. Still, it’s essential to confirm this arrangement and inquire about potential costs that may arise during the case, such as filing fees or expert witness expenses.
You should understand the fee agreement before signing anything.
Who Will Be Handling My Case Day-to-Day?
In larger law firms, the car accident attorney you meet during your consultation might not be the one managing your claim. Ask who will be your primary point of contact and whether an associate, paralegal, or the lead attorney will handle your case.
Knowing who will handle your case ensures you’re comfortable with the level of experience they have in managing your case.
What Challenges Do You Anticipate in My Case?
An honest car accident attorney will discuss potential obstacles, such as disputed liability, lack of evidence, or insurance delays. This transparency demonstrates integrity and allows you to assess how the lawyer plans to address those issues.
It’s a good sign if a car accident lawyer provides realistic, proactive solutions rather than overpromising results.
Have You Handled Cases That Went to Trial?
While many car accident cases settle out of court, some require litigation to resolve. Ask about the lawyer’s trial experience and success rate in court. A car accident attorney with courtroom experience can be more persuasive in negotiations.
An insurer is likely to offer better settlements when they know a car accident lawyer represents you, prepared to go to trial.
What Makes Your Firm Different From Others?
Finally, give the car accident attorney a chance to explain what sets their firm apart. This might include personalized attention, a strong local reputation, a proven track record of high-value settlements, or a compassionate, client-centered approach.
Their answer guides your decision on whether they are the right fit for your needs.
How Much Compensation for Car Accident Injuries?
There is no average value you can receive in a car accident claim. No two cases are identical, with the outcome varying based on the specific facts and circumstances of each crash. Here are the factors that influence the value of a car accident:
Severity of Injury
The most significant factor in determining compensation is the severity of your injuries. Minor injuries like lacerations or whiplash typically result in lower settlements, often ranging from a few thousand dollars.
In contrast, catastrophic injuries such as traumatic brain injuries or permanent disabilities can lead to settlements worth hundreds of thousands or even millions of dollars. The high settlement values cater to medical expenses, including emergency care, surgeries, rehabilitation, and ongoing treatment costs.
Availability of Evidence
Evidence is the foundation of all legal claims, including car accidents. Therefore, strong evidence can increase the value of your claim. A car accident attorney can support your claim using medical records, police reports, witness statements, photographs of the accident scene, and professional testimony.
Clear documentation linking your injuries directly to the accident makes it harder for insurance companies to dispute your claim or minimize its value. Conversely, gaps in medical treatment or insufficient evidence can reduce potential compensation.
Shared Fault
Shared fault arises when the injured victim contributed to the accident in some way. If you bear partial responsibility for the accident, most jurisdictions reduce your compensation proportionally.
For example, if you're found 20 percent at fault in a $100,000 claim, you will receive $80,000. Some states operate under different rules where any fault on your part completely bars recovery.
Insurance Coverage of the Negligent Party
The insurance coverage of the negligent party is primarily the source of compensation for the injured victim. Your potential compensation is, therefore, capped by the at-fault driver's insurance policy limits.
If the negligent party carries only minimum liability coverage, typically $25,000 to $50,000 in many states, your recovery may be limited even if your damages exceed this amount. However, if the at-fault party has substantial assets or higher policy limits, you may recover full compensation for your losses.
A car accident lawyer can explore alternative sources of compensation, including uninsured/underinsured coverage or a lawsuit against the negligent party.
Duration of Recovery Period
The length of time required for recovery can also impact the settlement value for your losses. Injuries requiring months or years of treatment, or those resulting in permanent impairment, command higher compensation than injuries that heal within weeks.
An extended recovery period translates to a higher settlement value because it means lost earnings, ongoing medical expenses, and prolonged pain and suffering.
What to Do After a Minor Car Accident Not Your Fault
Being involved in a car accident can be overwhelming, even when it's minor and you weren't at fault. Taking the right steps immediately afterwards protects your health, legal rights, and ability to recover compensation.
Here's what you should do after the crash:
Seek Immediate Medical Attention
Your health should be your priority. Even if you feel fine, seek immediate medical attention. Many injuries, including whiplash, concussions, and internal bleeding, don't show symptoms right away.
Adrenaline can mask pain, making injuries seem less severe than they are. A prompt medical evaluation creates documentation linking your injuries to the accident. Delaying treatment lets insurance companies argue that your injuries weren’t serious or didn’t result from the collision.
A car accident attorney can use medical records to prove the extent of your injuries or support your compensation claim.
File a Police Crash Report
Always call the police to the accident scene and request an official crash report. The police crash report provides an objective, third-party account of what happened, including witness statements, road conditions, and the officer's assessment of fault.
Insurance companies rely heavily on police reports when determining liability and processing claims. A car accident lawyer can use the police crash report to prove the other driver's fault, enhancing your chances of receiving a fair settlement value.
Contact a Car Accident Lawyer
You should also contact a car accident attorney after sustaining an injury in a car crash. They can provide valuable advice on your rights and the compensation you are entitled to. They'll also investigate your accident, gathering supporting evidence like surveillance footage, witness testimony, and professional analysis.
A car accident attorney negotiates with insurance companies on your behalf, preventing pressure to accept inadequate settlements. If negotiations fail, they can litigate your case in court to maximize your recovery.
Car Accidents Frequently Asked Questions
When Is It Too Late to Get a Lawyer for a Car Accident?
It's never too late to seek legal representation after a car accident. While an earlier hire is better, hiring a car accident lawyer at any stage can still enhance your chances of achieving a fair outcome. An experienced car accident attorney handles insurance negotiations and protects your rights throughout the claims process.
Who Is Liable in a Car Accident: Owner or Driver?
In most cases, the driver is primarily liable for a car accident if their negligence was a contributing factor to the accident. However, the vehicle owner may also be held liable under certain circumstances, such as:
- Negligent entrustment
- The owner was also the driver
- Employer-employee relationship
- Failure to maintain the vehicle properly
Liability may also depend on state laws, insurance policies, and the specific circumstances of the accident. Both parties may also share responsibility.
Can I Sue the Owner of the Car That Hit Me?
Yes, you can sue the car owner who hit you, especially if you suffered severe injuries, face disputed liability, the driver was reckless, or they were uninsured/underinsured. The owner may be liable under negligent entrustment, or if they were the driver. A lawsuit allows you to recover damages when insurance settlements are insufficient or unavailable.
Speak With Our Skilled Car Accident Lawyers About Your Case
You’re likely to be overwhelmed after a car accident due to worsening health and financial strain. Choosing the right lawyer ensures they handle your case with care, precision, and dedication.
At the Law Offices of Jason B. Kessler, our experienced car accident attorneys can answer your questions, explain your legal options, and fight for the maximum compensation you deserve. Contact us online or call us at (914) 220-1088 to schedule a free consultation and take the first step toward your recovery.