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Is It Worth Getting an Attorney for a Car Accident?

Published July 7, 2023 by Harker Injury Law

Is It Worth Getting an Attorney for a Car Accident?If you or someone you care about got injured in a car crash because of another driver, you may be facing plenty of difficulties at this time. You have to deal with your injuries and get better. You also need to pay your bills and figure out how to handle the insurance situation. You might wonder, “Do I really need to hire a lawyer for a car accident?”

In most car accident cases, it is a good idea to get a lawyer when you are hurt, even if the car accident was rather minor. Handling everything on your own could decrease the amount of your final settlement.

If you are considering hiring a personal injury lawyer, contact our legal team at Harker Injury Law. We can explain how legal assistance may be needed to get you a fair settlement for your injuries.

Our offices are in San Diego, Escondido, and RiversideComplete the online form to contact our law firm today for a free consultation, or call us at 760-INJURED.

Does a Car Accident Require a Lawsuit?

In California, car accidents happen every day; some are serious. When people get hurt in auto accidents, they might consider filing a car accident lawsuit to get compensation for their injuries. However, not all car accidents or truck accidents resulting in injuries require going that far.

Injured victims may be able to simply file a claim with the insurance company and receive a fair settlement. This can be accomplished without filing a lawsuit or going to court.

Hiring a lawyer experienced in personal injury cases gives you better chances of receiving maximum compensation for your auto accident claim.

How Hiring a Lawyer for a Car Accident Can Help You

When you have a car accident in San Diego and file a claim for your injuries, insurance companies have whole teams of adjusters prepared to challenge your claim. These experts know exactly how to examine your claim and find reasons to give you less money.

Even if the adjusters act like they are on your side, insurance companies will always prioritize their own interests and try to give you the smallest amount possible. When you have a car accident lawyer helping you with your case, though, you are confident that someone on your side is working to ensure your claim is handled fairly.

Your lawyer can start looking into the accident right away. He or she can collect proof that the other driver took careless actions that caused your injuries.

Gathering proof may involve:

  • Getting the San Diego police report containing information about how the auto accident happened
  • Examining the accident scene
  • Talking to people who saw the accident
  • Figuring out how much money you should get, including for pain and suffering and other non-economic damages

If the insurance company offers you a much smaller amount of money than you should get, seek a lawyer’s assistance.

Big insurance companies know a lot about dealing with claims. Most of the time, it is not a good idea to try going against them without a strong lawyer to support you.

Without an attorney’s input, it will be tough to understand all your rights and what choices you have. You need help to figure out how much money you should really get to pay for everything you have suffered.

A car accident attorney can explain how all the details of your case should determine your legal course of action. Thus, he or she can make clear to you the options that are in your best interest.

Determining whether you have a valid car accident case

The first thing an auto accident attorney does is figure out whether you can take legal action against another driver or someone else who is responsible.

Just getting hurt in a car accident in San Diego does not automatically mean you have a valid claim. The other person involved in the collision must have caused it by being careless or on purpose for you to have a valid case.

Some accidents are complicated, especially when many vehicles are involved. Recreational vehicles may also be involved. A lawyer can look at what happened during your accident and might even bring in experts to understand it better.

If you recently got hurt in a car accident in San Diego County and are unsure whether you can get money for the damages, local car accident lawyers can help you figure this out. And from there, they can start the process of getting you compensation.

Having a thorough understanding of personal injury law

It is completely normal to know little of personal injury lawsuits and claims regarding car crashes. Car accident laws can be complex. To make things more complicated, the process for claiming insurance money can be different depending on the details of your accident.

Lawyers have studied the law and spent years dealing with legal issues. When a car accident in San Diego messes up your life, their job is to get you as much compensation as possible.

With the help of the right attorneys, you can recover financially and start moving forward. You do not have to spend time and energy researching on your own.

Protecting your rights after a car crash

After a collision in San Diego, you should take several steps to protect your legal rights. One of the most important is to get in touch with a car accident lawyer as soon as possible after the car crash.

Experienced car accident lawyers in San Diego can start working right away to protect your rights and build a strong case.

A car accident lawyer can:

  • Figure out what exactly happened during your accident
  • Identify the party (or parties) responsible for the crash
  • Talk to the insurance companies on your behalf
  • Make sure you get a fair amount of money
  • Present your case powerfully and with a lot of passion if it goes to trial

If your claim is denied or you receive a small settlement offer

Sometimes the at-fault party or even your own insurance company might offer a stingy settlement or deny your claim entirely.

If the insurance company denies your claim, it may be frustrating, but a car accident lawyer can appeal the denial. This can mean asking the insurance company to look at your claim again.

Your personal injury attorney can:

  • Gather more evidence
  • Talk to witnesses
  • Build a stronger case for you
  • Fight for you to make sure you get the money you need

You do not have to settle for less. Your personal injury attorney can negotiate with the insurance companies to get you a fair amount.

Getting a lawyer for a car accident claim on your side can make a big difference. Car accident attorneys can increase your chances of getting the compensation you deserve.

When the insurance company will not negotiate with you

At times, insurance companies will not want to talk to you anymore or to negotiate. If this happens and you still want to pursue your case, you will need a lawyer to step in.

If necessary, your lawyer can go to court for you and stand up for your rights. He or she can argue your case and make sure you are treated fairly. If the insurance company refuses to work with you anymore, do not worry — a lawyer can step in and fight for you.

Figuring out accidents with uninsured drivers

When an auto accident happens, filing an insurance claim is essential to work toward getting compensation. However, auto accident victims face challenges when the at-fault driver is an underinsured or uninsured driver.

The liable party who caused the accident should be responsible for covering the damages by using his or her insurance policy. But what if the liable party is uninsured or has too little coverage to pay what you need?

In such cases, an accident victim may seek aid from a personal injury lawyer to ensure fair compensation.

Proving negligence in your car accident

It can be complex and difficult to handle a car accident claim by yourself. If you want to get money for what happened to you, you have to show proof that the other person was negligent, or careless.

Negligent driving behaviors

The National Highway Traffic Safety Administration (NHTSA) states that many car accidents happen because of careless driving.

Examples of careless driving are:

  • Driving drunk
  • Going too fast
  • Texting while driving
  • Breaking the traffic rules
  • Not paying attention to traffic lights and signs
  • Driving recklessly and dangerously

Proving negligence

There are four things you need to prove in a personal injury case:

  1. The other driver had a “duty of care,” or responsibility to be careful
  2. The driver was not cautious and drove dangerously
  3. The driver’s actions caused the accident and your injuries
  4. You have expenses such as medical bills or pain and suffering because of the accident

Understanding the concept of duty of care is crucial in car accident cases. This can determine who is responsible for the harm caused and provides a basis for seeking compensation for the injured party’s losses.

In a car accident case, the “duty of care” refers to the legal responsibility that drivers have to operate their vehicles in a safe and reasonable manner to prevent harm to others.

When people fail to meet their duty of care and their negligent actions lead to a car accident, they may be held legally responsible for the damages and injuries caused. This duty exists regardless of whether the driver’s actions were intentional or accidental.

A car accident attorney can establish liability in a car accident case. It is essential to demonstrate both that the at-fault party breached his or her duty of care and that this breach directly caused the accident and resulting injuries or damages.

Helping you recover compensation

If your car sustains property damage in an accident caused by someone else, you deserve just compensation to cover the resulting costs. An experienced law firm can help you with your personal injury claim and fight for the money you need to fix or replace your car.

The other driver should be responsible for paying for the repairs, and more than a few thousand dollars may be needed to cover all the damage.

A personal injury claim enables you to recover compensation. Ideally, this would cover your property damage, vehicle repair, non-economic damages, and any other losses you experienced because of the accident.

A personal injury law firm can be there to guide you through the legal process and make sure you get the fair compensation you deserve.

What Compensation Can an Attorney Help You Receive?

When someone else causes an accident that hurts you, it’s not fair for you to have to pay for the expensive consequences.

By law, you can seek compensation. The amount of money you can ask for will depend on what happened but may include the following.

Medical expenses

Medical costs incurred due to traffic accidents are common. According to the National Safety Council, injuries requiring medical attention in motor-vehicle incidents reached more than 5 million in 2021.

Accident victims can recover damages for the following and more:

  • Hospital stays
  • Physical therapy
  • Transportation to medical appointments
  • Specialist doctor’s visits
  • Health aide services at home
  • Medical devices
  • Future medical treatments

Lost wages

If you are forced to take time off work to get better, you can ask for money to cover the wages you lost and the amount you might not make in the future.

Pain and suffering

Serious injuries from a car accident can cause a tremendous amount of pain and suffering alongside major life changes.

If you have serious or life-changing injuries, you can get money for issues such as:

  • Being unable to live life the way you used to
  • Feeling physical pain and emotional distress
  • Losing a limb
  • Being disabled
  • Having scars or looking different (disfigurement)

Remember, if someone else’s negligence caused your accident in San Diego and hurt you, you can pursue restitution against the at-fault driver. You can ask for money to cover your medical costs, lost wages, and the suffered injuries you have gone through.

Common Injuries Resulting From Car Accidents

If you have sustained any of these common car accident injuries or others, a car accident lawyer can help you get money for your damages.


Whiplash results when your head quickly moves back and forth during a car crash. It is common in rear-end accidents but can happen in any type of collision.

You might not feel the pain right away, but your condition can worsen over time. If you have headaches or a stiff neck after a car accident, see a doctor right away.


Like whiplash, concussions might not show symptoms until a few days after the accident. Some concussions are mild, but others can be serious and affect your brain function.

If you have memory loss, confusion, or headaches after a car crash, seek medical attention as soon as possible.


Broken bones in your arms, hands, legs, or feet are common in car accidents. They might not change your life but can cause you to miss work for a long time and may require expensive surgeries.

Internal injuries

Injuries inside your body, such as internal bleeding or other damage to your organs, can be dangerous. Since you cannot see evidence of these conditions, you must get checked by a doctor right away if you were seriously hurt in a car accident.

Musculoskeletal injuries

These injuries affect your muscles, ligaments, and nerves. They can be intensely painful and usually require extensive therapy to get better. Recuperation can be expensive and take a long time.

Emotional injuries

It’s easy to focus on physical injuries, but car accidents can also hurt you emotionally. Traumatic accidents can cause anxiety, depression, and even post-traumatic stress disorder (PTSD).

Why Getting a Car Accident Lawyer is Worth It

Any car accident injury can cause far too much pain, emotional suffering, and medical bills. You could lose a lot of money when you cannot work or go back to your same job.

If you need financial support to cover your medical bills, lost income, and other damages, Harker Injury Law’s attorneys are here to support you. They can give you advice on how you may get the money you need.

It is not always guaranteed that you will get money for your injuries and expenses if another driver causes your car crash.

The insurance company might not want to pay you or could give you less money than you need. That is why it can be beneficial to have a lawyer on hand who knows how to fight for your rights.

Here are some ways in which a car accident lawyer can assist you:

  • Give you legal advice and guidance: Lawyers know the law, can explain what your rights are, and may advise you on what to do next. This assistance ensures that you meet all deadlines and can make an informed decision as to whether filing a personal injury lawsuit is the right move.
  • Calculate your damages: Experienced lawyers can figure out how much money you should get for your medical costs and other expenses. With their help, you can make certain you do not settle for less than you deserve, including money for factors like pain and suffering.
  • Negotiate with the insurance company: Dealing with insurance companies can be tough, but lawyers are skilled at negotiating. They can prevent the insurance company from taking advantage of you and fight for your fair settlement.
  • Represent you in court: Most car accident cases settle before trial, but sometimes you have to go to court to get the compensation you deserve. Having a lawyer by your side is important because he or she knows how to navigate the legal system and present a strong car accident case on your behalf.

As you can see, hiring a car accident lawyer can make a big difference in the money you receive for your car accident.

How a Contingency Fee Works in Your Favor

Most car accident lawyers, including us at Harker Injury Law, do not ask for any money upfront. Lawyers who work on a contingency fee basis only get paid if they win the case and get you money. They take their fee from the money you get, so you do not have to worry about paying them right away.

This is an excellent deal because you do not have to take any risks. It is worth hiring a car accident lawyer right from the start.

When you talk to a law firm and make an appointment to meet with them, ask about how the lawyers get paid and if they work on a contingency fee basis.

How to Get Help With Your Car Accident Case

If you recently got in a crash in San Diego, you might wonder whether hiring a car accident lawyer is a good idea. Serious car accidents can sometimes lead to car accident lawsuits, while minor collisions may not always result in legal action.

Having a skilled lawyer on your side is how you can get the right amount of compensation in either case.

Car accidents can cause big changes in your life, to your body, and with your emotions. They can even affect your home, job, and money.

Getting the money you need to cover all the damage and injuries that a car accident caused can be complicated. Unfortunately, this is usually true even when it’s clear that someone else caused the crash.

An experienced legal team can make sure your legal rights are protected. Their assistance can help you get money for your medical bills, your lost wages, and the pain and suffering you have been through.

The car accident lawyers on your side can gather evidence and build a strong case against the person who caused the crash. And the best part is that they do all this while you focus on getting better.

Harker Injury Law has offices in San Diego, Escondido, and Riverside. Our firm can help you know what to do if you need a car accident lawyer.

To find out whether you need to hire a car accident lawyer, schedule a free consultation to discuss your personal injury case by clicking here or calling 760-INJURED.

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