A car accident is a terrible ordeal to endure. You and your loved ones are left to deal with catastrophic injuries and mounting bills. Everything can seem complicated.
You may ask yourself the following questions:
- Should I get an attorney for a car accident?
- Is it worth getting an attorney for a car accident?
- Do I need a lawyer for a car accident?
The answer is yes to all of these questions.
Having an attorney on your side is beneficial to hold negligent parties accountable and to maximize the potential for financial recovery. Without an attorney, insurance companies can take advantage of you and leave you with less compensation you deserve or no compensation at all.
At Bensinger Legal Services, we don’t want you to worry about the question, Should I get an attorney for a car accident? We compiled a list of reasons why hiring an attorney benefits your case. Read on to learn when to get an attorney for a car accident.
Reach out to Bensinger Legal Services online or call (419) 455-1410 today to arrange your free consultation.
Is It Essential to Hire a Car Accident Lawyer?
A car accident lawyer can help you navigate the laws and legal processes surrounding a car accident negligence lawsuit. Not hiring an attorney affects your ability to recover fair compensation. Consider the following reasons why a car accident attorney is essential to your case.
1. No Knowledge of Ohio Personal Injury Law
Unless you work in the legal field or are an insurance agent, you are probably not well-versed in personal injury law. Therefore, you face various laws and complex legal procedures after a car accident.
Consider deadlines. Filing a car accident lawsuit requires you to follow many court deadlines. It can be overwhelming to someone with no experience in the process.
No deadline is more important than the Ohio statute of limitations for personal injuries. This law allocates two years to file a personal injury claim, like a car accident. The two-year deadline starts on the day of the car accident.
If you do not file your claim before this time limit expires, absent a few rare exceptions, you won’t be able to hold the negligent parties accountable and recover compensation.
A personal injury attorney understands the laws, procedures, and deadlines for filing a car accident case. You don’t have to learn the law; an attorney will handle the entire case for you.
2. Complex Damages in Your Case
Some car accident cases are simple, like a minor fender bender with no reported injuries and easily identifiable damages. For this case, it might be sufficient to handle the claim yourself. However, complex cases require the experience of a team of legal professionals.
Damages can be difficult to calculate if the accident caused severe or catastrophic injuries. You need to calculate your medical expenses and lost wages, as well as the effect your injuries will have on the rest of your life.
To do this, you must reach the highest recovery you’ll achieve with your injuries. This highest recovery is called maximum medical improvement.
Your attorney will then calculate your loss of future earnings, loss of enjoyment of life, and emotional distress damages. Because these damages are qualitative, not quantitative, they can be difficult to compute without the right experience.
3. Complicated Liability Apportionment
In some cases, liability is blatantly apparent. In others, it can be challenging to determine. Liability issues often arise when there are multiple defendants. For example, suppose a delivery car driver runs through a red light because the brakes malfunctioned and they hit your car. There are numerous potentially liable parties, such as:
- The driver,
- The delivery company the driver works for,
- The car maintenance company, and
- The car manufacturer.
An experienced attorney will review the facts of the case and collect evidence to determine which parties are liable and what portion of liability should be allocated to them.
Another critical liability aspect is that Ohio is a modified comparative negligence state. Contributory fault does not bar financial recovery. If you were partially at fault for the accident, you may still be able to recover damages.
However, the amount of compensation is reduced for the portion you were at fault. For example, if you suffered $100,000 in damages but are deemed 10% at fault for the accident, you can recover reduced compensation of $90,000.
However, you will not be able to recover any compensation if your liability is greater than the combined liability of all the defendants. Insurance companies will, therefore, try to pin more liability on you to relieve them of some of the liability.
Having a lawyer on your side will help to prevent any unfairness or deceptive tactics toward you from the insurance companies.
4. Dealing with Insurance Companies
Insurance companies only care about their liability and finances. They aim to close the case quickly and lose as little money as possible. Their first tactic is usually offering a low amount of compensation. They hope you settle immediately, relieving them of paying you the higher compensation you deserve.
Or, they will attempt to delay the case by responding slowly and asking for extensions. They hope that you give up or accept the low offer.
At Bensinger Legal Services, we will aggressively defend you against these cold and ruthless companies. We will fight to hold them accountable and ensure you don’t settle for less than your case is worth. We are prepared to go the extra mile for you, including trial.
Speak to an Experienced Attorney About Your Car Accident Case
Should I get a lawyer for a car accident? Absolutely.
Aaron Bensinger understands that no amount of money can heal your injuries. However, he believes every personal injury victim deserves justice. Aaron graduated from Ohio Northern University and is committed to serving the residents of Ohio.
Don’t risk losing your opportunity for financial recovery by waiting or trying to handle the case alone. Contact Bensinger Legal Services at (419) 455-1410 to schedule your free and confidential case evaluation.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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