After a car accident, chances are that you’re feeling confused, frustrated, and anxious about having to file a claim. It makes sense that you’d feel this way. You’re not only recovering from the trauma of the accident, but there may also be complicated legal and financial issues. Whether your accident occurred in Texas, California, or elsewhere, it is essential to learn claim filing deadlines. 

Ready to speak to an attorney? Call us at 1-800-THE-LAW2 to connect to an experienced car accident attorney in our network. Consultation is free and confidential, so there’s no downside to contacting us for a case evaluation. Of course, right now you may just want to know about the legal deadlines affecting your claim. Let’s take a closer look at the deadlines and how they work. 

Questions that this article will help you to answer: Do you have to file an accident claim? | How long after an accident can you file a claim? | What are the statute of limitations for filing a claim in California? | What are the Statute of Limitations in Texas for filing auto accident claims? | What do you need to start a claim?

Do You Have to File a Claim After an Accident?  

If you’re in a car accident, you don’t have to file a claim for damages. It’s not required that you do so. Still, if you sustained losses, whether property damage, medical expenses, lost wages, pain and suffering, or something else, the law might entitle you to compensation. As such, it is sensible under those circumstances to sue for damages. 

Many of you are probably concerned as to whether you even have a legal claim for damages. Too often, injury victims don’t pursue compensation, even though they would be entitled to do so under the law. There are a variety of reasons: negative perception of lawsuits, concern that litigation is expensive, and the time demands of litigation. 

Don’t worry. Many of these concerns aren’t as serious as you might think. We encourage you to speak to an attorney for guidance. The experienced car accident attorneys in our network offer free consultations, and will help you identify whether your legal claim is actionable. 

If you do decide to move forward with an attorney in our network, know that representation is on a contingency basis. In other words, they don’t get paid until you do. So you essentially don’t pay ANYTHING out of pocket to litigate your case. If you secure compensation, then they take a percentage cut of your winnings. 

Car Insurance Claim Time Limits

With an attorney, you can sit back and relax, and have them handle every aspect of your claim. It sounds great, but you must seek legal assistance ASAP. Delaying too long can cause problems in ALL states. As a reference example, we’ll run through the deadline issue in two large states: Texas and California. Just know that, even if your case is in a different state, the same basic principles will apply. 

Texas Statute of Limitations For Car Accident Claims

How long do you have to file an insurance claim in Texas? Car accidents fall under the personal injury umbrella. According to the Texas Civil Practice & Remedies Code section 16.003, a personal injury plaintiff has two years from the date of the accident to file a claim. The statute of limitations applies to injuries caused by negligence, intentional actions, and wrongful death cases. If you file after the two-year deadline has passed, the case is dismissed and there is no opportunity to collect damages, such as:  

• Medical expenses 
• Physical and occupational therapy 
• Prescription medication 
• Trauma counseling 
• Lost wages 
• Reduced earning capacity 
• Pain and suffering 
• Mental anguish 
• Emotional distress 

Texas courts honor specific exceptions to the filing deadline. One exception is if the plaintiff is currently of unsound mind or is a minor. According to Texas Civil Practice & Remedies Code section 16.001, the clock starts running when the person is either deemed mentally sound or turns 18. The other exception is when the defendant in the car accident or other personal injury case leaves the state. As per Texas Civil Practice & Remedies Code section 16.063, the clock starts when the defendant returns.  

California Statute of Limitations For Car Accident Claims

How long do you have to file an insurance claim in California? In California, car accident plaintiffs have two years from the date of their accidents to file legal claims. According to California Code of Civil Procedure section 335.1, the statute of limitations applies to negligent and wrongful acts, including those resulting in untimely deaths. If the filing concerns vehicular damage exclusively, the statute of limitations is three years from the date of the incident.  

Sometimes, car accidents involve government vehicles, such as city buses. In these instances, plaintiffs have six months to file a legal claim against the local government or municipality. There are also additional procedural issues that you’ll have to keep in mind. If you’ve delayed, however, don’t worry. There are several exceptions to the California deadlines. 

Exceptions to the Statute of Limitations in California

In the state of California, if the injured victim is a minor, the statute of limitations does not begin until their 18th birthday. If the injured victim is incapacitated, unconscious, or incapable of sound judgment, the clock doesn’t start to count down until the person is deemed mentally fit. Other exceptions include unavailable defendants, such as those who have left the state or are in prison. Bankrupt defendants may also qualify for an exception, as courts do not move forward with claims until bankruptcy processes are complete.  

The Claims Process

To begin the process of filing a claim after a car accident, you’ll want to have some initial documentation ready. For example, make sure to obtain copies of the medical and police reports. Submitting evidence as soon as possible after the accident increases the likelihood that you’ll receive timely compensation. In many cases, it’s possible to settle claims early and sidestep the uncertainty of trial litigation.  

Don’t do any of this on your own. That’s a recipe for disaster. Instead, consult a car accident attorney who can help you navigate the claims process and will represent your interests at every stage. They will also serve as a repository of knowledge, answering any questions you might have. Your attorney has a duty to handle your case in a timely manner. They are required by law to move forward with your claims before the statute of limitations expires. If you hire an attorney, you’re safe from any future procedural hiccup. 

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Consult a Car Accident Attorney who can help you navigate the claims process and will represent your interests at every stage.

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Call a Trusted Car Accident Attorney Today

If you need to file a car accident claim, get started today. Depending on the nature of the accident, it may be possible to secure compensation to cover medical expenses and lost wages, among many other losses. Call 1-800-THE-LAW2 today to discuss your case in detail with an experienced car accident lawyer. Consultation is free, so don’t delay!

FAQs – How Long After an Accident Can You File a Claim

How Long After an Accident Do You Have to File a Claim? 

There is a deadline that applies to every claim, known as the statute of limitations. If you do not file your claim before its statute of limitations period runs out, then courts will automatically dismiss the claim later. This can prevent you from securing any compensation. 

Bear in mind that the statute of limitations varies depending on the type of claim, and the jurisdiction in which you’re filing the claim. Negligence claims in California have a two-year deadline, for example. The same negligence claims in New York have a three-year deadline! Attorneys can help you make sense of all the complexity.

If I Go to the Hospital After a Car Accident, Who Pays?

There are several different possibilities. 1) if you have health insurance, your provider may cover the bills; 2) if you have auto insurance, you could submit a claim and try to get the provider to cover the bills; and 3) if you don’t have insurance, or if your providers are refusing to cover the costs, your attorney can get you connected to medical providers who will bill you on a contingency basis. 

What does payment on a contingency basis mean? It’s actually very useful, and not too complicated. Basically, it means that the medical provider agrees to provide care temporarily, at no cost. They will be paid later, if and when you secure compensation in your case. 

Do You Have to File a Claim After an Accident? 

You don’t have to file a legal claim after you’ve been in an accident. It’s not required by law that you pursue compensation, but if you want to secure compensation for your injuries, then it’s a strategic necessity. Be aware that there is a deadline for how long you can wait before filing a claim. This is known as the statute of limitations period. 

As for insurers, every state and policy is different. Some states, like Nevada, require that you notify the insurer immediately after an accident. Some policies require that you begin the claim procedure within 24 hours of the accident. Just don’t move forward until you’ve spoken with an attorney, as the provider could deny or undervalue your claim. 

How Long Can a Car Insurance Claim Stay Open? 

Car insurance claim regulations vary from state to state. There is no universal rule. In California, for example, a car insurance claim can stay open for up to 40 days. During this time, the provider determines whether to accept the claim. Once they make that determination, the claim stays open for another 30 days so that settlement can occur.

How Long After a Car Accident Can You Go to the Hospital?

You should go to the hospital as soon as possible after a car accident so that a physician can evaluate you and determine whether and how you’ve been injured. If you have been injured, this provides a record for evidence. Then, you can be put on a treatment plan and you’ll have a clear understanding of what sort of losses you suffered physically. 

You can go to the hospital after any amount of time after the car accident, to resolve any continuing issues or to identify new ones. It’s not uncommon to discover that you have hidden injuries even years down the line. Some injuries don’t appear until much later, as they’re not obvious in the initial stages. 

How Long Does it Take to Get a Settlement Check After a Car Accident?

Whether you get a settlement check depends on the defendant’s hostility. It also depends on the negotiation strategy employed by your attorney. In some cases, the defendant will push back hard and refuse to offer a fair settlement. You may be forced to keep plugging away at the case, potentially even threatening trial litigation. As such, the timeline for getting a settlement can vary enormously. It can take anywhere from a few weeks, to a year or more. 

Can You File a Claim Right After Getting Insurance? 

You can file a claim as soon as your insurance policy has become active. Do bear in mind that policies can differ quite a bit, so be sure to evaluate yours thoroughly. This is important, as your policy coverage may contain restrictions that are not considered standard. 

Many injury victims mistakenly believe that the at-fault party’s insurance company will take care of them, no fuss required. Sadly, this doesn’t usually happen. Insurance companies are for profit. They are in business to make money. If they paid everyone fairly for their claims, their profits would go down. In fact, insurance companies are notorious for engaging in manipulative strategies to avoid having to pay injured parties. 

What Can Claimants Do to Fight for Fair Compensation? 

The best decision you can make is to hire an experienced personal injury attorney. Even if you think that your case will conclude in an “easy settlement,” you still need the knowledge and skillset of a personal injury attorney to maximize the settlement amount.  

Why Do You Need a Lawyer? 

You’re not a trained attorney. That means you don’t know the ins-and-outs of detailed court procedures, let alone have the strategic experience to understand how to properly interrogate witnesses and present evidence in court. 

In fact, this depth of knowledge is considered so crucial, that American courts discourage claimants from moving forward without an attorney. It’s a choice that you’re legally allowed to make, but a foolish one – like swallowing a tube of poison to test whether it will harm you. 

Take the time to heal and recover from your injuries. Focus on your recovery. Do not concern yourself with things that are beyond your experience and training. Unless you’re a personal injury attorney yourself, you simply don’t know how to negotiate a settlement with a hostile insurance company, for example. 

What Are the Responsibilities of Personal Injury Lawyers?

The responsibilities of personal injury attorneys include: 

• Investigate your injuries and how they happened 
• Identify the liable parties—if there is more than one, this can maximize your compensation 
• Hold the right parties accountable for your damages 
• Collect evidence  
• Research all applicable insurance policies 
• Protect you from falling victim to the insurance company’s tactics 
• Ensure all your damages are accounted for within your demand for compensation 
• Prepare your case for trial if you don’t receive a reasonable settlement offer  
• Represent you at trial, if you decide to take your claim to trial

Is it Better to Settle or Go to Trial? 

In general, an out of court settlement is preferable to going to trial. There are many benefits for both parties if they can agree to settle out of court. 

These benefits include: 

• Decreased cost overall—it’s more expensive to go to court 
• Decreased time to resolve the claim—you don’t have to prepare for trial and wait for a court date 
• More control over the resolution of the claim—you aren’t putting the fate of your case in the hands of a judge or jury 

Injured parties can also avoid the hassle and anxiety of going before a judge and jury, while insurance companies, and sometimes clients, can preserve their reputation by not having the ordeal on a permanent and public court record. Most cases end in a settlement, due to a combination of these benefits.  

That being said, skilled attorneys understand that part of getting a “high” settlement is being ready and able to go to trial, if necessary. The threat of a trial has to be there to maximize the settlement amount. 

The Settlement Negotiation Process 

During the settlement negotiation, your attorney will be deeply familiar with the strengths and weaknesses of your claim. Typically, settlement negotiations begin after your attorney sends an initial demand letter to the at-fault party or their insurance company. This letter describes in detail:

• What happened
• Why you deserve compensation
• Wow much you are requesting
• And why  

Once the insurance company or their attorney receives this settlement demand letter, they will reach out to your personal injury attorney and make a counteroffer to the demand letter. This usually begins settlement negotiations. The negotiations can happen in person, at scheduled meetings, over the phone, or via email. The negotiation process can last days, weeks, months, or even longer. It varies from case to case.  

It’s your injury attorney’s responsibility to present you with the personal injury settlement offers, and to provide you with legal advice as to whether it’s an acceptable offer. In the end, YOU are the one who gets to decide if a personal injury settlement offer is acceptable. In the event that you do not receive any acceptable settlement offers, you can elect to move forward towards court litigation. 

Do bear in mind that accident settlements can be reached even after the trial starts. If you do agree to a settlement, you are required to sign a form agreeing not to pursue accident compensation for the same reason, and sometimes, to refrain from disclosing the details of the settlement.  

What Happens at a Settlement Meeting? 

Attorneys generally work through the negotiation process themselves. Usually, your attorney will ask for a settlement amount close to what was initially demanded. The defending party will likely point out a few weaknesses in your case and make a counteroffer. Your accident attorney will then point out weaknesses in their arguments, and will serve up another counteroffer. This offer-counteroffer dynamic will go back and forth until their efforts are exhausted or they reach an agreement for the value of your personal injury claim. Your attorney will let you know when it might be a good idea to accept a settlement offer.  

Speak with an Injury Lawyer Today 

Insurance companies know that claimants with legal representation are serious about getting the compensation they deserve for their injuries. They also know that personal injury lawyers know the true value of their client’s injury claim, so presenting a lowball offer won’t work. So you can increase your chances of a full and fair accident settlement by relying on an experienced personal injury attorney to represent your case. 

Call us at 1-800-THE-LAW2 or fill out our form to get connected to a qualified attorney in your area in just 10 minutes or less. Legal consultation is free, so don’t delay!

Questions this article can help to answer: How much can someone sue for in a car accident? | What is your accident claim worth? | What is the difference between economic damages and non-economic damages? | How much does it cost to sue someone? | Why is my car accident settlement taking so long? | How long does a car accident settlement take? 

Despite safe driving campaigns and the introduction of new safety features, car accidents still occur at an alarming rate. These accidents can vary quite a bit. Some cause little to no injury, while others can lead to life altering injuries. Regardless of the extent of your injuries, you may wonder: “how much money can I sue for in a car accident?” 

We understand. You deserve to be compensated for losses you suffered after an accident. Until you speak to an experienced car accidents attorney, there is no “simple” answer. An accident attorney will listen to the factual narrative, then be able to piece together an estimation of the monetary potential in your case. 

How Much Can Someone Sue for in a Car Accident? 

There really is no limit to how much money you can recover in an auto accident lawsuit. However, that doesn’t mean that you will get as much as you ask. In all accident lawsuits, to secure compensation, you have to be able to prove your damages. If you cannot introduce evidence that supports your argument, you will not get the compensation you seek. 

Proving damages in a car accident case can be difficult, which is why injury victims turn to experienced car accident attorneys for help. Skilled traffic accident lawyers know how to identify all the damages, and also how to assess their true value. Then, to prove those damages, they take steps to gather sufficient evidence. 

Typical Car Accident Settlement Amounts

Car accident settlement amounts depend on many other factors: 

• What area of the country you are located in  
• The insurance policies involved and their coverage limits 
• The assets of the person responsible for your accident 

What is Your Claim Worth? 

The value of your auto accident claim derives from your damages. Most car accident injury victims have both economic and non-economic damages that make up the value of their accident claim.  

Assessing Economic Vs. Non-Economic Damages

What Are Examples of Economic Damages?

Economic damages include: 

• Lost wages and income 
• Medical bills and expenses 
• Property damage 

Economic damages are worth their face value. They are also relatively easy to establish with documentation such as estimates, bills, and receipts. 

What Are Non-Economic Damages?

On the other hand, non-economic damages are quite subjective, don’t have a face value, and lack much evidence other than possible witness testimony. Their value is typically based on the value of your economic damages in some way, such as using a multiplier related to the severity of the injuries suffered. 

What Are Examples of Non-Economic Damages?

Non-economic damages include: 

• Pain and suffering 
• Loss of enjoyment of life 
• Loss of consortium 
• Scarring and disfigurement  
• Humiliation 
• Mental anguish 

How Much Does it Cost to Sue Someone? 

Nothing. 

Zilch. 

Zero. 

NO OUT OF POCKET COSTS. 

That’s right. Experienced car accident attorneys typically work on contingency. What does that mean? That means that you only pay them if, and when, you win compensation in the case. They’ll take a percentage cut of the total compensation, anywhere from 25 to 40 percent, usually. This makes legal assistance extremely accessible in a car accident dispute. You don’t have to pay anything unless you win. And even when you do win, you only pay out of the money that your car accidents attorney has won for you. Really, it’s a win-win situation. 

Why Is My Car Accident Settlement Taking So Long?

Unfortunately, it can be tricky to determine precisely how long a car accident settlement will take to resolve. The person who can best answer this question is your own attorney, as they will know all the details of your case.  

How Long Does a Car Accident Settlement Take? 

Even the simplest of car accident cases can be expected to take several weeks or even months. Complex cases, such as those with multiple at fault parties, victims, or catastrophic injuries, can take a year, or more. That being said, in cases where fault is abundantly clear, a settlement can happen rather quickly. To expedite this process, contact an attorney as soon as you can after realizing you have sustained injuries in a car accident. Being cooperative with your attorney will help speed it along, too.  

Are You Ready to Talk to an Experienced Car Accident Lawyer About Your Claim? 

If you have questions about a potential car accident claim or are ready to secure legal help, call 1-800-THE-LAW2 or complete the form below. Consultation is free, and you’ll get connected to a qualified attorney near you in 10 minutes or less. Don’t delay! Get the help you need. 

Topics and questions this article covers are: What does a car accident lawyer do? | How do I find the right, or best car accident lawyer near me? | What are the qualities of the best car accident lawyers? | How do I easily connect with a car accident lawyer near me?

Being in a car accident can make you feel like your life is in a tailspin, but when you hire an experienced car accident lawyer, you’ll have an advocate and guide through these difficult times. It can, in turn, make the situation much easier to manage. You might have lingering pain and need to seek continued medical care. You might not be sure how to take care of all of your bills, get your car fixed, and all the logistics that come in the aftermath of the motor vehicle collision. It’s easy to get overwhelmed. But how do you choose the “right” lawyer?  Let’s take a peek. 

What Does a Car Accident Lawyer Do? 

A knowledgeable car accident lawyer has a variety of responsibilities, and their skillset empowers your claim in a number of different ways. Their main responsibility, however, shift the burden off your shoulders and to secure a win, and in doing so, maximize your compensation. 

Car accident lawyers can do the following: 

• Explain your legal rights and options and provide legal advice in plain language so you can understand 
• Determine the value of your case 
• Develop a persuasive legal argument and present it to the other side 
• Gather and preserve evidence to support your claim 
• Identify every liable party 
• Discover ALL available sources of compensation 
• Ensure that your case is in-sync with procedural requirements 
• Keep your case moving in a timely manner 
• Negotiate full and fair settlements 
• Pursue trial litigation if a settlement can’t be reached 

How Do I Find the Right Car Accident Lawyer? 

Finding the right car accident lawyer begins with searching for lawyers in your area that might be a good fit. This can be extremely difficult, however – many lawyers pay the same marketing companies to setup their websites, and it’s not clear how to differentiate between lawyer services, experience, and advantages. 

As an individual who isn’t intimately familiar with lawyering, and how to choose a lawyer, it can feel like an arbitrary, random process to choose the right lawyer by simply exploring your local options. 

We offer a great alternative. Instead of worrying about which lawyer fits your case, we do the legwork for you. Our lawyers are experienced car accident attorneys who have signed up to take on clients through our platform. They are ready and able to take on cases like yours. When you call in or complete our online form, we connect you to an experienced, skilled local attorney – you don’t have to worry about how to choose. 

What to Look for When Hiring a Car Accident Lawyer 

That being said, even after you’re connected with an attorney, you may still want to determine whether they’re the right one to move forward with. Finding the best accident lawyer for your case really requires that you know what to look for.  So here’s a few aspects to consider: 

• Reputation
• Practice experience
• Fee arrangements
• Communication style and personality
• Strategy

Reputation

Were they recommended to you by someone you know? Have they been peer-reviewed? Do they have a proven track record? Are they in good standing with your state’s bar association? Have they ever been disciplined by the bar, and if so, why? 

Practice Experience

How long has the attorney been practicing personal injury law, or more specifically, representing car accident clients? Do they only focus on personal injury or car accident claims, or do they dabble in other areas of the law, too, such as criminal, family, or estate law? How many car accident clients do they represent each year? Have they handled similar cases to yours? The more time they have spent focused on personal injury law, especially in car accidents, the better.  

Fee Arrangements

Will they charge a contingency fee or an hourly rate? How much will they charge for legal services? Most personal injury attorneys work under contingency fee arrangements, meaning you pay nothing unless or until they obtain compensation in your case. 

Communication Style and Personality

Do you feel comfortable speaking with them? How do they communicate with clients—phone, email, text? How quickly do they generally get back to clients? Do they have the time to personally handle your case now? Can you see yourself working with them for at least several months or not a year or more? Do you feel understood by them? Do they seem particularly rushed? 

Strategy

What do they see as the best strategy in your case? What do they believe are the strengths and weaknesses in your case? Do they have the professional connections and resources to manage your case? 

Characteristics of an Excellent Car Accident Attorney 

It’s also crucial to look for people-skills in a car accident lawyer. Some may be more important to you than others, but in general, an excellent car accident attorney will: 

• Be compassionate and seem genuinely concerned about your situation 
• Be patient in negotiations 
• Be easily understood as they are an excellent communicator 
• Be passionate and driven to obtain financial compensation for your claim 
• Have extensive knowledge of personal injury law 
• Have a successful professional record 
• Provide clear guidance 
• Be willing to build relationships with clients 
• Work to understand your goals for your case 
• Upon their legal advice, allow you to decide whether to settle your claim or proceed to trial 

You may not be able to observe all of these qualities when meeting with them. However, looking at Google reviews or reviews on their website or social media can help you get a feel for the type of attorney they are and could be for you. 

Are You Looking for the Best Car Accident Attorney? 

If you are looking for the best auto accident attorney to help with your claim, look no further – you’ve come to the right place. Call us at 1-800-THE-LAW2 or complete the form below.  We’ll get you connected to a reputable car accident attorney in just 10 minutes or less. Consultation is free, so don’t delay! Get your claim started today so you can get the compensation you deserve for your car accident. 

Questions that this article will help to answer: What is the cost to hire a car accident attorney after a crash | What is a contingency arrangement | How does a contingency arrangement work | What contingency fee percentage should I expect | What are the benefits to hiring a car accident lawyer based on a contingency plan | Why seek assistance after a car crash with a car accident attorney

If you’ve been injured in a car accident, chances are that you’ve at least considered the possibility of working with an attorney. You may have medical bills, lost wages, and property damages, and an attorney can help you recover compensation to cover all these different losses. 

Many injured accident victims avoid legal assistance, fearing that it will be extremely costly. This could not be further from the truth!  In most accident-related cases, it costs nothing to sue, as it is based on a contingency fee arrangement. So you don’t need to worry that you don’t have expendable cash in hand. 

Curious?  Call us at 1-800-THE-LAW2 to get connected to an attorney for a free consultation today. For now, let’s explore some of the basics of hiring a car accident attorney. 

What is the Cost to Hire a Car Accident Attorney After a Crash?

Hiring an attorney for your motor vehicle accident claim does not cost anything up front. First, most personal injury, or accident, law firms offer free consultations to get started. Using this, you can get a fresh, professional perspective on your case. And, know how to best move forward. 

Secondly, in personal injury disputes, attorneys offer “contingency-based” arrangements. This creates a win-win situation for both the injured individual, as well as the attorney. 

What is a Contingency Arrangement?

A contingency basis, or contingency fee arrangement, means that the lawyer gets paid when the job is done, and the client is paid for their pain, suffering, and damages. The American Bar Association defines a contingency fee as, “The lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client.” 

Put simply: the attorney gets paid only when the client secures compensation. If the client doesn’t get paid, the attorney doesn’t either. This creates a dynamic where the attorney is incentivized to do the best possible work, and do it efficiently. The more that you, as the injured victim, get through compensation, the more that the attorney gets paid, as they get paid a percentage cut of your total compensation.

How Does a Contingency Arrangement Work? 

The client and attorney agree to the “percentage of the outcome” the attorney will receive once they earn an award for their client. They also agree as to how legal expenses will be handled during litigation. Expenses including:

• court filing charges
• travel costs
• and witness fees

Your attorney will generally pay for these extra expenses, though you’ll want to double-check the client-attorney agreement to ensure that this is the case. You can discuss the details more during the initial consultation.

What Contingency Fee Percentage Should I Expect?

In most personal injury cases, contingency fee percentages hover around 33%. Many agreements are based on a sliding scale percentage, however. The percentage will, therefore, shift depending on:

• The expected payout
• How long it takes to resolve the claim
• And the phase of litigation

For example, if the attorney takes a personal injury case, and is easily able to obtain a satisfactory settlement with insurance adjusters in a brief time, they may only charge 25%. If an attorney needs to litigate and the case begins to take on more time and effort, the percentage due will slide up and move to 33%.  

It is important to note that minimum and maximum contingency fees may vary depending on:

• State laws in which the client lives
• Where the attorney practices
• Extent of the damages
• Expected recovery amount
• Complexity of the incident
• Experience of the attorney

Benefits to Hiring a Car Accident Lawyer Based on a Contingency Plan

Many injury victims struggle with stress and anxiety after an accident. They may have lots of bills to pay that they simply don’t have the money to cover, and post injury lifestyle changes can be difficult to adapt to as well. 

A reliable, experienced attorney can alleviate the stress of dealing with insurance companies and bill collectors. Attorneys have the resources to help you obtain the care you need for your injuries, and even the repair work needed for your vehicle.  

Hiring based on contingency means there will be no immediate out of pocket legal costs and you will not be billed unless the attorney wins the case. A contingency plan motivates the attorney to do their best, because if they do not do their job, they will not get paid. The risk to you is low, but the potential payout can be high.

Seek Assistance After a Car Crash With a Car Accident Attorney

Did you suffer injuries in a car crash? An experienced car accident attorney can help you recover compensation for your injuries. Call 1-800-THE-LAW2 to find a car accident attorney in your area.  Consultation is free and confidential, so don’t delay!

Fault or liability in a car accident is dependent on determining whose carelessness or negligence is to blame for the accident.

After an auto accident there are two defenses that need to be weighed. They determine the degree to which either driver is at fault for the crash, as well as how much monetary compensation each driver will provide to cover damages. The two defenses are:

1. Comparative negligence
2. Contributory negligence

Comparative Negligence

Essentially comparative negligence ascribes a percentage of the blame to both parties.

For example if Jane and John get into an accident, John may claim that Jane rear-ended him in a collision, and therefore owes him compensation for the damage to his vehicle.

Jane may counter with a comparative negligence defense, stating that John was illegally double-parked and his car should have never been in her lane, saddling him with some of the responsibility.

When the case reaches trial the jury may find that John sustained $10,000 worth of damages to his car, but was also 40% liable for the accident. Comparative negligence rules deem that Jane must pay John $6,000 in damages ($10,000 less the 40% he is responsible for).

Contributory Negligence

Contributory negligence which is followed in Alabama, Maryland, North Carolina, Virginia and Washington D.C, states that if the defendant can prove any percentage of liability on the plaintiffs behalf, the plaintiff loses all rights to compensation.

Were you hurt in a car accident? If so, you may have a legitimate legal claim. We encourage you to speak with an auto accident lawyer as soon as possible. Call 1-800-THE-LAW2 to get connected to experienced, local accident attorneys near you.

Determining Fault in a Car Accident in the United States

Whether your state follows contributory negligence rules or comparative negligence rules, there are do’s and don’ts of fault accident laws. They are:

• Stick to the facts
• Stay calm
• Collect evidence
• File a police report

Stick to the Facts

Even if you really believe that it was your fault, keep it to yourself. Stick to the facts in your conversations with the other driver and the passengers.

Resist any desire to admit that the accident was your fault. If the other parties or witnesses try to provoke you into admitting wrongdoing, step away until the authorities arrive. The last thing you want is to be caught on video or tape admitting fault, apologizing, or recounting any wrongdoing on your part.

Stay Calm

Remain calm and respectful at the scene of the accident. Whether or not the accident was your fault, try to help any victims and respect the other party. Keeping the situation under control signals to witnesses and authorities that you are responsible and will ultimately help determine who is at fault more easily.

Gather Physical Evidence of the Accident

Gather evidence at the scene with your phone. Take pictures of the accident, as well as videos. Look for street signs or the layout of the roadways and document everything you can. This will help your insurance company, and your attorney, determine who is at fault.

Filing a Police Report

Police don’t always come to the site of car accidents. If your collision is big enough, an officer will probably have to make some sort of official report. Be sure to get the names of officers at the scene, the precinct number, and even their badge number. Ask them how to get access to a copy of the report when it is ready. The report will definitely be a factor in determining who is at fault by the insurance companies on all sides.

Insurance Companies and Investigations

Insurance companies will carry out their own investigations, but the more information you can provide, the better the chance of a favorable outcome. If dealing with insurance companies is too intimidating for you, consider hiring an attorney to represent you.

Determining Car Accident Fault by Location of Damage

The type of accident and the position of cars also give clues as to who may be at fault. For example, rear-end collisions are one of the most common types of accidents and the vehicle in the rear is usually at fault. This is because vehicles are supposed to leave enough room between their own car and the vehicle directly in front to navigate safely away from a dangerous situation. If the front car stops suddenly and the rear car still ends up hitting it, they probably weren’t driving safely.

Hiring a Car Accident Lawyer

If you’re worried about having to pay damages after an auto accident, a lawyer could help you sift through your case and identify the proper evidence to prove fault. Remember there are two types of negligence that you could claim, and an experienced car accident attorney can help you get the compensation you deserve. Call 1-800-THE-LAW2 for a free consultation with a qualified accident attorney near you.