When Should I Hire an Attorney After a Car Accident?

When Should I Hire an Attorney After a Car Accident? If you were injured in a car accident that was not your fault, it is imperative to reach out to a car accident attorney immediately to discuss your case. Call Burger Law now at or contact us online. We have offices in St. Louis and Chicago, as well as other areas in Missouri and Illinois, and are dedicated to helping those injured in accidents. Talking to us is free, so there is no risk in asking us for a case review.

The exact moment your car accident occurs, a clock starts ticking. It’s essentially a countdown to the financial hits coming your way as a result of your injuries. For most people, the first hits are a medical bill and a missed paycheck. If the hits keep coming, you could find yourself in a cavernous financial hole that you don’t know how to climb out of.

If you were injured in a car accident due to someone else’s recklessness and negligence, see how much your claim could be worth by using our complimentary personal injury calculator.

When Do I Need a Car Accident Attorney?

Not everyone who has been involved in a car accident needs to contact us for legal representation. There are cases where an attorney isn’t necessary. (See below.) However, if any of the following apply to your situation, call or contact our car accident attorney right away:

• Any accident that causes significant injury to you or someone else
• Any accident where fault is not clearly established
• Any crash involving another car or:
  • Pedestrian
  • Truck
  • Bus
  • Bus
  • Bicycle
• Any collision in a school zone
• Any crash in a construction zone or work zone
• Any accident involving an underinsured or uninsured driver
• You disagree with a police report
• An insurance company sends mixed or threatening messages

Time is of the essence when it comes to filing after a car accident, as there are statutes of limitations on personal injury claims in every state. In Missouri, under Missouri Revised Statute §516.120, you have five years to file. In Illinois, according to 735 Illinois Compiled Statutes section 5/13-202 you have two years to file. There are other deadlines in each state, and the Burger Law car accident attorneys will make sure no deadlines are missed. But by quickly hiring our car accident team you put us on the fastrack, giving us the biggest opportunity to get you the best compensation possible.

What Does a Car Accident Attorney Provide?

As your car accident attorneys, we start working on your case the moment you hire us. Some of what we’ll do for you is:

• Gather evidence, such as:
  • Witness statements
  • Police reports
  • Medical records
  • Surveillance footage
• Utilize our network of medical and economical experts to value your claim
• Handle all communication, documentation, and litigation
• Consistently keep you informed on the status of your case
• Negotiate a fair settlement for all your damages
• Take your case to trial when we do not secure a fair settlement offer

Call a Burger Law car accident attorney now at or contact us online to discuss your case.

When Do I NOT Need a Car Accident Attorney?

The Burger Law car accident team will give you its experienced, honest opinion on whether it makes sense to hire an attorney. In some instances, such as the following, it just does not make sense to hire a lawyer:

• • No injuries happen.

Perhaps you were involved in a minor fender bender, with no damage and no injuries. Consider yourself extremely lucky. But the Burger Law car accident team wants to be sure that you are not making a call of no injuries by yourself. Remember, whiplash and other injuries can take weeks or months to develop. Please remember to take advantage of our no-cost consultation by calling or filling out our online form. We also have free resources in Missouri or Illinois to find a medical professional to clear you of any possible complications before deciding not to hire a car accident attorney.

• • When an insurance company is offering you an amount you feel is fair.

While insurance companies often do not play nice or try to bully people, they can, in fact, be fair and do their jobs as expected. If you feel the settlement offer is fair, take it. However, it is vital to remember that once you sign off on an agreement, you will likely not have the chance to seek more money ever again.

• • If your case might foreseeably proceed to small claims court.

While you are entitled to have a car accident attorney represent you and protect your rights in small claims court, the costs rarely make sense compared to the compensation.

Is it Worth Getting an Attorney for a Car Accident

Although many injured victims obtain compensation from at-fault parties following collisions, working with an attorney can increase your chances of a positive outcome. Here are some reasons why it is worth hiring an attorney after a car accident.

Dealing With Insurance Companies

As an injured victim, you must initiate a claim to obtain compensation from the at-fault party’s insurer. Initiating a claim without legal representation can lead to low settlement offers that barely cover your losses.

An insurance adjuster’s mandate is to protect the company’s profitability, which explains their preference for low offers. An attorney’s excellent negotiation skills is the foundation for fruitful discussions with the insurer.

First, an attorney will evaluate the merits of all settlement offers vis-a-vis your extent of losses. More importantly, an attorney will table evidence and negotiate a higher settlement offer matching your losses.

Proving Liability

While you may be entitled to compensation after a car accident due to someone else’s fault, you must prove negligent actions by the other party. Establishing fault in an accident also determines the damages in your car accident claim.

Illinois comparative fault awards damages depending on the degree of responsibility of each party. The legal doctrine in play is called modified comparative negligence, known as the ‘’51% fault system.’’

You must be less than 51% at fault for the accident to be eligible for a personal injury claim. You could lose your right to compensation if you fail to demonstrate the other party was mainly at fault for the crash.

An attorney can demonstrate fault by compiling the following sources of evidence:

• Eye witness statements
• Images of the crash scene
• Expert opinion from an accident reconstruction expert
• Traffic camera footage
• Police accident report
• Cell phone records
• Video surveillance footage from nearby premises

Courtroom Experience

While many injured victims obtain compensation from insurance companies, some must litigate their matters in court. Injured victims who can’t agree with the insurer can file a personal injury lawsuit against the at-fault party.

You may also file a lawsuit if the other party declines your request for compensation. An attorney will provide legal insights on the complex process of taking the negligent driver to court.

They’ll present evidence to a jury, bring witnesses to the stand and make solid arguments about why you should receive sufficient compensation. An experienced car accident attorney may also seize the various opportunities for settlement negotiations during the lawsuit.

Determine the Value of Your Claim

Your ability to recover from an injury depends on the settlement value you obtain from your car accident claim. In addition, you can recover fair settlement value if you understand the extent of your losses.

An attorney has dealt with many car accident claims, allowing him to understand an injury’s impact. Based on their knowledge and experience, they can estimate the value of present and future losses associated with the injury.

“I’ve devoted my life to ensuring our clients get full injury compensation.”

 

Gary Burger

Litigation Attorney

Can I Wait to File a Claim After a Car Accident?

When filing a car accident claim, you must adhere to the Missouri statute of limitations. Under state law, injured victims must file a car accident lawsuit within five years of the accident date. Failure to initiate a car accident lawsuit within two years of the crash date could diminish your right to compensation.

However, there are a few circumstances that may warrant the extension of the deadline, including:

• Minors
• Mental incapacitation
• The defendant has relocated from the state
• Discovery rule

How Much Will a Car Accident Lawyer Cost?

Many people put off contacting a car accident attorney because of concerns regarding legal costs. The good news is that reputable injury law firms take cases on a contingency fee basis, which allows anyone injured to obtain legal representation they need.

With a contingency fee arrangement, your attorney only gets paid if they win your case. The contingency fee is a percentage of the settlement value or award, which is agreed upon in advance. Case evaluations are free, and you can expect an attorney to be honest about whether you have a valid claim.

Some of the factors that can influence the cost of a car accident attorney include:

• Complexity of the case
• Experience and reputation of an attorney
• Geographical location
• Additional costs

However, in most situations, the additional compensation an attorney can obtain will more than makeup for any legal fees you will pay from your settlement. You never have to pay costs or fees from your own pocket.

Damages You May Be Entitled to Claim After a Car Accident

Depending on the facts and circumstances of your car accident, you can collect three types of damages: economic, non-economic and punitive. Damages are a form of compensation aimed at restoring your previous state before the accident.

Here is a breakdown of the various damages:

Economic Damages

These damages compensate injured victims for the financial losses from the accident. They have a direct dollar value, making it easy to find their totals.

You may obtain the following economic damages in a car accident:

• Medical expenses
• Out-of-pocket expenses
• Lost wages
• Loss of future earning capacity

Non-Economic Damages

Non-economic damages represent the intangible losses an injured victim incurs due to the accident. There are various types of non-economic damages you may pursue depending on your circumstances, including:

• Pain and suffering
• Emotional anguish
• Loss of companionship
• Permanent impairment
• Reduced quality of life

Punitive Damages

A judge or jury may award you punitive damages to supplement economic and non-economic damages. A judge can award punitive damages where the defendant has committed egregious or serious misconduct. Punitive damages also act as a deterrence to prevent the defendant or others from engaging in similar misconduct that led to the accident.

How Do You Hire a Car Accident Lawyer

When hiring a lawyer after a car accident, it’s important to consider the following factors:

1. Experience: Look for a lawyer with solid experience handling car accident cases similar to yours.
2. Track Record: Choose someone with a history of success in cases like yours, showing they can effectively advocate for clients in similar situations.
3. Fee Structure: Many car accident lawyers work on a contingency fee basis, so you pay only if they secure a favorable outcome.
4. Resources: Ensure the lawyer has adequate resources to investigate your case thoroughly and gather strong evidence.
5. Testimonials: Positive reviews and testimonials from previous clients can provide insight into the lawyer’s effectiveness and client satisfaction.
6. Location: It’s often helpful to work with a lawyer familiar with local laws and conveniently located.
7. Expertise: Your lawyer should have in-depth knowledge of transportation laws and experience dealing with insurance companies.

You can get recommendations from people you trust like friends, family, or colleagues, or consult your state’s bar association for a list of licensed lawyers. An attorney who has helped you in the past might also provide a good referral.

Hiring a car accident lawyer soon after the accident is generally advisable, especially before reaching any settlement with an insurance company. Here are some specific scenarios where hiring a lawyer can be particularly helpful:

• Difficulty managing medical bills
• Issues getting your vehicle repaired or replaced
• An insurance company denying or delaying your claim
• A low settlement offer from the insurance company
• Accidents involving serious injury or fatality
• Errors in the police report that need correction
• The other party has already hired legal representation

In these situations, having a skilled car accident lawyer on your side can protect your rights and help you pursue fair compensation.

Contact a St. Louis Car Accident Lawyer Now

Being involved in a car accident can be a traumatic experience. Injuries can easily derail your life and result in lasting or permanent disabilities. You need an experienced law firm on your side. We are here for you. The Burger Law St. Louis- and Chicago-based car accident attorneys are knowledgeable and easily accessible. Call us today (314) 500-HURT to discuss the specifics of your car accident case at or contact us online.