Should I Get a Lawyer for a Car Accident?
Should You Get an Attorney After a Car Accident in Texas?
If you’ve recently been in a car accident, you may be wondering whether you should hire an attorney to handle your claim. The answer depends on the specifics of your case, but in many situations, hiring an attorney can help you recover more and get back on your feet faster — even after accounting for their fees. This guide explains when you don’t need an attorney and when it is essential to have a personal injury lawyer after a car accident in Texas. We’ll also cover how hiring a lawyer for a car accident benefits you in ways that extend beyond just financial recovery.
When You Probably Don’t Need a Lawyer After a Car Accident
In some scenarios, hiring an attorney may not be worth the time, effort, or cost. Here’s when it’s typically unnecessary:
1. If There Is Only Property Damage
If your car accident resulted in property damage only — for instance, damage to your vehicle or other personal belongings — and no one was injured, you likely don’t need to hire an attorney.
Texas is an at-fault state, meaning the party responsible for the accident (and their insurance company) pays for the damages. Property damage claims are generally straightforward and can be resolved directly with the at-fault driver’s insurance company. As long as liability is clear and the insurance company is cooperating, you can handle these claims yourself.
How to Handle a Property Damage Claim:
- Document the Damage: Take photos of your vehicle and any other property that was damaged.
- Get an Estimate: Obtain repair estimates from reputable mechanics or body shops.
- Contact the Insurance Company: File a claim with the at-fault driver’s insurer and provide all necessary documentation.
- Negotiate If Needed: If the insurer offers less than the repair costs, you can negotiate without legal representation.
2. If You Were At Fault or Mostly At Fault
If you were entirely or mostly at fault for the accident, hiring an attorney is typically unnecessary unless the other party is filing a lawsuit against you. Texas follows a modified comparative fault rule, which means:
- If you are 51% or more at fault, you cannot recover any compensation.
- If you are 50% or less at fault, you can recover damages, but they will be reduced by your percentage of fault.
For example, if you were 30% at fault and sustained $10,000 in damages, you would only be eligible to recover $7,000. However, if you were 51% or more responsible, you would not be eligible for any compensation. In such cases, your best course of action is to let your insurance company handle the matter.
When You Should Hire an Attorney After a Car Accident
While there are situations where hiring an attorney isn’t necessary, there are also circumstances where having legal representation is critical. Here are the key reasons to hire an attorney after a car accident in Texas:
1. If You Were Injured
Personal injuries complicate car accident claims significantly. If you suffered injuries, it’s in your best interest to hire an attorney. Injuries often lead to substantial medical bills, lost wages, and long-term pain and suffering, all of which can be difficult to quantify without legal expertise.
Why Hiring a Lawyer Is Worth It, Even With Legal Fees
Some people hesitate to hire an attorney because they know a percentage of their recovery will go toward legal fees. However, a lawyer’s expertise can result in a much larger settlement or judgment, even after fees are deducted. Here’s why:
- Better Access to Medical Care: Attorneys often work with medical providers who treat clients on a “lien basis.” This means the providers wait for payment until after the case is resolved. If no recovery is made, you typically won’t owe for the treatment. This allows you to get the care you need without worrying about upfront costs.
- Negotiating with Insurers: Insurance companies have teams of adjusters trained to minimize payouts. Attorneys know how to counter their tactics, using evidence and legal arguments to demand higher settlements.
- Maximizing Compensation: An attorney will seek full recovery for all damages, including medical bills, lost wages, future treatment costs, pain and suffering, and emotional distress.
- Avoiding Costly Mistakes: Handling your own claim can lead to errors, such as accepting a lowball settlement or missing legal deadlines. An attorney protects you from these pitfalls.
- Peace of Mind: Having an attorney manage your case allows you to focus on recovering physically and emotionally.
2. If You Are Filing on Behalf of Someone Who Died
If you are seeking compensation after the death of a loved one in a car accident, Texas law allows certain family members to file a wrongful death claim. These claims are highly complex and require an experienced attorney to navigate.
Who Can File a Wrongful Death Claim in Texas?
- Spouse: The surviving spouse of the deceased.
- Children: Biological or adopted children of the deceased.
- Parents: Biological or adoptive parents of the deceased.
If none of these individuals file a claim within three months of the death, the deceased person’s executor or personal representative may file the claim on behalf of the estate, unless family members explicitly request otherwise.
Learn more about who can file a wrongful death lawsuit in Texas.
What Can You Recover in a Wrongful Death Claim?
- Funeral and burial expenses
- Loss of income the deceased would have earned
- Loss of companionship, love, and support
- Mental anguish suffered by surviving family members
3. If Fault Is Disputed and You Were Injured
When fault for the accident is unclear or disputed, an attorney can be invaluable. Proving liability requires gathering evidence, interviewing witnesses, and sometimes consulting accident reconstruction experts. Without legal representation, you risk losing your claim or being unfairly assigned fault.
How an Attorney Can Help When Fault Is Contested
- Investigating the Accident: Attorneys can collect police reports, witness statements, and any available video footage.
- Working with Experts: They may bring in experts to reconstruct the accident or testify about the events leading up to it.
- Negotiating with Insurers: Insurance companies are more likely to lowball or deny claims when fault is unclear. An attorney can counteract these tactics.
4. If the Insurance Company Undervalues Your Injury Claim
Insurance companies often deny claims or offer settlements far below what you’re entitled to. If this happens, you should hire an attorney to fight for a fair outcome.
Common Insurance Company Tactics:
- Claiming your injuries aren’t as severe as you state
- Arguing that your medical treatment was unnecessary or excessive
- Blaming you for the accident
- Delaying the claims process to frustrate you into accepting a low offer
An experienced attorney knows how to counter these strategies and negotiate effectively.
Conclusion: Should You Get a Lawyer After a Car Accident?
The decision to hire an attorney after a car accident in Texas depends on your specific circumstances. You probably don’t need an attorney if the accident only caused property damage, or you were at fault. However, if you were injured, fault is disputed, or the accident involved a fatality, hiring an attorney is critical.
An experienced attorney can help maximize your compensation, protect your rights, and ensure you get the care you need. They provide expertise, resources, and advocacy that often lead to better outcomes — even after accounting for their fees. If you’re unsure whether you need an attorney, many law firms, including ours, offer free consultations to help you evaluate your situation. During this consultation, an attorney can review the details of your case, explain your options, and provide guidance on the best path forward. This allows you to make an informed decision without any upfront cost or obligation.
Remember, time is of the essence after an accident. Evidence can fade, memories can become less reliable, and there are legal deadlines to consider. Reaching out to an attorney promptly can make a significant difference in the strength of your case. Call Varghese Summersett today at 817-203-2220.