Jeff Marion | October 31, 2023 | Personal Injury

So, you’ve just been in a car crash that wasn’t your fault. You’re planning to file an insurance claim—or maybe you already have. And so far, things seem to be going pretty well with the adjuster. You might be wondering, “Hey, do I really need to get a car accident lawyer involved? Can’t I handle this myself and keep those attorney fees for myself?”

At this point, I could share a common proverb among lawyers: “The attorney who represents himself has a fool for a client.” That’s probably a true statement 95 percent of the time.

But what about the other 5 percent of the time? Here’s where I say something you might not be expecting to hear from a personal injury lawyer: You don’t always need to hire an attorney. Sometimes representing yourself is the better choice, or at least the right one for you.

However, those cases are pretty rare, and you’re taking a pretty big risk—insurance companies are all too happy to take advantage of legal novices, lulling them into a false sense of security and then pulling out the rug.

In this blog post, we’ll take a closer look at when to hire a lawyer for your car accident claim, the risks of not hiring one, and how an attorney can help.

When You Can (Maybe) Represent Yourself: The Rules of Thumb

Car crash victims typically don’t make great lawyers. But in some cases, they can be successful. You might be successful, too, but probably only if your situation looks something like this:

• Car accident injuries: Very minor. Let’s say you went to the ER and had one or two follow-up appointments. You healed quickly, there was no permanent damage or limitations, and you missed little (if any) time at work. If you didn’t suffer severe injuries and got back on your feet quickly, you probably won’t qualify to recover for your injuries in New York State, and it should be relatively easy to document your medical bills and lost wages.
• Liability: Crystal clear. As in, no reasonable person could possibly conclude that you were even a little bit at fault. For example, say you were stopped at a red light, got rear-ended, and the accident was well documented (for example, in the police report, multiple eyewitness accounts, security camera or dash cam footage, etc.).
• Medical records and history: Thorough and conclusive. It’s not enough to prove that the other driver caused your accident and that you have symptoms. You need to prove that the crash caused your injuries. If you didn’t see a doctor immediately after the crash, you might have trouble here. Or, if you have a complex medical history or a pre-existing condition, the insurance company is likely to say you were already hurt at the time of the crash.
• Free time and disposable income: Even a relatively simple and straightforward personal injury claim will take time, energy, and patience. You’ll need to gather a bunch of evidence. You’ll need to file a lot of legal documents. You’ll probably end up having maddening conversations with an insurance adjuster (that you’ll want to carefully prepare for in order to avoid making really damaging mistakes). You’ll need to make sure you don’t miss any critical deadlines. Even if cutting out the attorney fees might lead to a bigger check at the end, remember your time is still valuable, too.

So, is your case a small and simple one, that you have plenty of time to work on, and you’ll still be in good shape physically, emotionally, and financially even if you lose? If you can honestly and enthusiastically answer yes here, then self-representation might be something worth considering.

Warning Signs That You Probably (Definitely) Need an Experienced Lawyer

On the other hand, if any of the following apply, representing yourself is almost always going to be a bad call:

• Serious injuries (especially those with long-term or permanent consequences)
• Lots of missed time at work
• Liability isn’t clear—you and the insurance company disagree about what happened and who is responsible
• You’re experiencing financial hardship
• The insurance company won’t make a fair offer unless you file a personal injury lawsuit
• You just don’t want the stress and aggravation of handling a legal case by yourself

Regardless, you should still talk to a car accident attorney first, for a whole bunch of reasons. More on that in a bit.

How an Attorney Can Help You With Your Case

Some of these might be obvious, but there are tons of ways an experienced lawyer can help you out. Here are just a few.

• Gathering evidence about the crash. In most cases, you’re going to need a lot more than a few pictures and the police report. For example, your attorney can collect evidence at the scene where the accident occurred, follow up with eyewitnesses, and identify any camera footage that might exist (and move to preserve it before it gets deleted). Good car accident lawyers also work with accident reconstructionists, who are specially trained experts who review the existing evidence and piece together what really happened.
• Determine liability and insurance coverage. Evidence gathering will naturally lead to establishing the other driver’s negligence. But in some cases there might be other responsible parties too—say the manufacturer of a defective car part, or a bar that knowingly overserved the other driver. Establishing liability is critical, since it not only protects you from being unfairly blamed for the crash, but it also means recovering more compensation (because there’s more available insurance coverage that applies).
• Gathering medical evidence. Your lawyer can efficiently collect your medical bills, medical records, and other documentation you’ll need to prove your injuries were caused by the crash, and back up your demand for compensation. Speaking of which …
• Calculating damages. How much is your case really worth? That’s a tough question to answer, especially if you have a lot of future financial costs (ongoing therapy, future surgeries, loss of wage-earning capacity, etc.) or you’ve suffered in ways that don’t have an easy price tag (chronic pain, emotional trauma, loss of quality of life). Most car crash victims have no idea where to even begin. But a personal injury attorney does.
• Protecting your legal rights. The insurance company is not your friend. In my experience, they’ll settle your case quickly or fairly -but never both- at the same time. Their insurance adjuster may withhold information from you, refuse to tell you how much the insurance company is willing to pay your claim, or try to discourage you from filing a lawsuit. They may try to get you to make a recorded statement they can use to weaken your case. Your attorney can handle the negotiations on your behalf, and if necessary file a lawsuit.
• Advising and supporting you however you need. A great attorney is going to put you first and make sure you get the support you need. That could mean helping you schedule appointments with the right medical specialists. It could mean linking you up with support groups or other local resources. It means answering your questions anytime you call and keeping you informed. Ultimately, it’s about making sure you can focus fully on your recovery and your family, not your legal case.

The Risks of Going At It Alone

So, let’s say you’ve read all the above, and you’re still leaning toward representing yourself … or at the very least, starting out on your own and seeing how far you get with Google or ChatGPT as your legal counsel.

Even if your case is one that can be handled without an attorney, you’re still going to be navigating a potential minefield. And you don’t know what you don’t know.

For example:

• Evidence doesn’t stick around forever. Accident scenes get cleaned up. Cars get taken to the junkyard. Businesses wipe security footage on a monthly or even weekly basis. Eyewitnesses forget details. If you don’t move quickly to identify and preserve key evidence, you might lose it for good.
• Deadlines are strict. In New York you typically have three years to file a personal injury lawsuit after an accident. But that’s not the only timeline you have to worry about. The insurance company may have its own deadlines about when it must be notified. Or, if you have a claim against a government body (for example, you were hit by a municipal bus, or tripped on a public sidewalk) you may have only 90 days to notify. Miss these deadlines and your case is probably over before it starts.
• You can’t trust the insurance company. Again, they’re not on your side. They’re trying to get you to accept less than you deserve and they have no obligation to fill you in on all the information they have available to them. They might even string you along until the statute of limitations lapses—and then stop taking your calls.
• Mistakes can be deadly. Winning personal injury cases requires knowledge, effort, and patience. But losing them is easy. It can happen suddenly and unexpectedly—with an ill-considered remark to an insurance adjuster, or failing to answer a question completely, or missing a deadline.

Here’s the sad truth. Your case might seem easy. You might think you can handle it on your own. But then something unexpected happens. Or you realize you’re in over your head. And by the time you finally reach out to a car accident lawyer, it may be too late.

Addressing Common Concerns About Hiring a Car Accident Lawyer

So given all the above, why do people still hesitate to seek legal representation? There are a few main reasons. Let’s address them one by one.

Cost

This here is the big one.

First things first. Virtually all auto injury attorneys (including me) work on contingency. That means you pay nothing to hire me. You pay nothing to work with me. The only way I get paid is by winning your case. So if you’re wondering whether you can afford a lawyer at all, wonder no longer. You can.

A related concern is that, at the end of the day, attorney fees will eat up the majority of your financial recovery, leaving you little left over to pay for your medical bills, vehicle damage, and other expenses.

That concern makes sense, but it is usually not true. Study after study shows that car crash victims who work with personal injury lawyers are a lot more successful at recovering a lot more compensation—more than making up for the contingency fee.

And if you happen to have one of those cases where I don’t think I can get you more than you could get on your own? I’ll tell you myself. My ethical commitment is to being honest and truthful with my clients and acting in their best interests. If hiring me isn’t in your best interests, I’m not going to take the case.

One more thing: a great personal injury lawyer won’t just peace out once the case is over. They can help you negotiate with hospitals and medical providers and settle your debt as inexpensively as possible, ensuring that you get as much back in your pocket as possible at the end of the process.

Time

Car crash cases take time. If your case goes all the way to trial, it’s probably going to be two years –at least- before you get paid. That’s a long, frustrating time to wait, and it’s no surprise that a lot of car crash victims are tempted to just take whatever settlement offer they receive.

Here’s the problem with that approach. Once you settle, you lose your right to seek financial recovery again later. What happens if you take the insurance company’s lowball offer just to “be done with it,” then find out your future medical costs are a lot higher than you realized?

Ninety-nine times out of a hundred, it’s better to get a fair settlement than a quick one. While it’s certainly stressful in the short term, running out of money two or five or ten years later with no way to support yourself is a far worse outcome.

Hassle

Hiring a lawyer can feel like a daunting task, especially if you have no idea how the legal process works. I totally get that initial discomfort. But it’s temporary.

One of the biggest benefits to hiring an attorney is to take the stress and hassle out of the legal process. You’ll still be involved by updating your attorney about new treatments, new medications, and other life updates that would affect your case. And you’ll still be the one in control, making the big decisions based on your lawyer’s advice.

But your lawyer can handle all the incredibly time-consuming, stressful, and skilled detail work, so you can focus on healing and putting your life back together.

Hurt in a Car Accident? Always Call a Lawyer First

Again, the vast majority of people injured in serious car crashes are going to be best served by working with an experienced personal injury lawyer.

But even if you think your case is one of the easy ones, it’s still very much worth your time to contact an attorney for a free consultation. You don’t know what you don’t know. Your case may have red flags you don’t recognize yet. You may be coming up on deadlines you aren’t prepared for.

The attorney’s job is to review your case, identify those red flags, and give you their impartial and unbiased advice about what you should do next. And they do this for free! You have no reason not to get a seasoned legal opinion before you decide what to do next.

If you’ve been hurt in a car crash in Western New York, give me a call and schedule a free case review. I’ve been representing people injured in car accidents for over 25 years. I’d love to hear about your situation and let you know if I can help. Give me a call at (716) 589-6655 or use the contact form on this website to get started.

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