You might not know much more than what you’ve heard about lawyers before you are in a situation where you have to hire one, like after a car accident. And, depending on what you’ve heard, like some of the most common myths about car accident lawyers, you might be wary of hiring one. While that’s understandable, it could delay your recovery or threaten it altogether.
One of the biggest myths is that you have to pay upfront costs to hire an attorney. While some lawyers might require this, many offer contingency fee structures. This means you may not have to pay anything until you get your settlement or jury award. Speaking of jury awards, another myth victims often hear is that lawyers will force them to go to court rather than letting them settle for a faster recovery. Your attorney’s job is to represent your interests and inform you of your options. So, while they may encourage you to go to court if they think it might yield a larger recovery, they shouldn’t pressure you to and should focus on getting you the best possible settlement instead.
Major Myths and Facts About Hiring Car Accident Lawyers
Until you are injured by another person’s reckless or negligent conduct, the thought of having to hire an attorney might have never crossed your mind. With so many misconceptions about lawyers and lawsuits out there, victims need to know what’s true and what’s not so that their hesitation doesn’t prevent them from recovering damages.
Fact: Your Lawyer’s Resources and Experience Can Help Your Case
Attorneys with the appropriate resources and experience may know which experts to bring in on your case to strengthen it. For example, without a lawyer, you might not know how valuable accident reconstruction experts can be or how to enlist one. Your lawyer can have a crash reconstruction expert review vehicle black box data, car accident reports, eyewitness statements, and photographs. After making various determinations, like the negligent driver’s speed and that they initiated the crash, an expert can testify in court. Your attorney may also use experts’ findings to leverage a high out-of-court settlement offer from the at-fault driver.
Myth: You Have to Pay Upfront Costs to Hire a Lawyer
After an accident, victims are already dealing with overwhelming medical expenses and lost wages that make it hard to cover bills. Hiring an attorney might seem far too expensive, particularly without the guarantee that your lawsuit will be successful and you will get damages. Fortunately for injury victims, many New York car accident lawyers work on a contingency fee basis. This means that, instead of requiring victims to pay any upfront costs to attorneys at the start of cases, some lawyers get paid once victims do, only after they successfully get compensation on their behalves. Knowing that many car accident lawyers offer this to their clients, you do not have to hire an attorney who doesn’t offer contingency fee structures.
Fact: Your Lawyer Represents Your Interests Alone
When you hire an attorney for your car accident case, they have a professional obligation to zealously represent you. While not all injury lawyers are the same, they are bound by the same general rules for ethical and professional conduct. Your attorney should focus on how to maximize your recovery, track your damages so you do not have to, and ensure you file your case on time. Experienced lawyers also prepare for settlement talks and enter them ready to negotiate fair settlements that require few concessions on victims’ behalves, if any. You should feel comfortable communicating with your attorney and working closely with them throughout your case, so listen to your gut during case assessments with firms and choose a lawyer that you feel heard by.
Myth: Your Lawyer Will Make You Go to Trial
Many victims want fast recoveries after car accidents. It’s often assumed that trials take longer than settlements, and victims might think lawyers will force them to take their cases to trial. Though going to court may yield greater damages in some cases, as jury awards might be large, settling is not necessarily a loss. That said, settling too fast could leave you without enough compensation, as initial offers from negligent drivers are typically very low. While your lawyer shouldn’t pressure you to go to court, they should explain whether or not a settlement is fair and give good advice about continuing settlement negotiations. Your lawyer can also explain the potential benefits of going to trial and that it is always an option up until you sign a settlement agreement.
Fact: Your Lawyer Can Explain Complex Legal Processes
Having a skilled car accident lawyer in your corner throughout your case gives you a leg up, helping you navigate complex legal processes and anticipate common tactics from defendants to evade liability. For example, if yours is a no-fault state for car accidents, your attorney would review your injuries and damages to see if they make you eligible to sue the at-fault driver. Furthermore, your lawyer can write the complaint that initiates your lawsuit and file it in court by the statute of limitations, which also varies from state to state and might have exceptions, like if a defendant leaves the state or a victim is a minor when injured.
Experienced car accident attorneys also know what it takes to prove fault when lawsuits go to trial. It’s the plaintiff’s burden to show it is more likely than not the defendant’s negligent conduct caused their injuries and damages, which your lawyer may accomplish after preparing a strong case complete with compelling evidence, like eyewitness statements, accident reconstruction expert testimony, photos, and more.
