Most people who are involved in an auto accident case are not out to win the lottery. All they want is to have their car fixed, their bills paid and something for what they went through.
That sounds reasonable, but the road from reasonable request to money in your pocket goes necessarily through the insurance company. Sometimes that's a pretty easy commute and sometimes its not. Sometimes you can travel it by yourself and sometimes, you need some help. So how can you tell if you need to hire a lawyer or not?
The best way is to sit down and talk to a lawyer before you do anything. It sounds odd to say that you should talk to a lawyer to figure out if you need one, but the fact is that every case is different and no single article can tell you every issue that is going to come up in your own case. That's why there is an old saying that "a lawyer who handles his own case has a fool for a client". Without a doubt there are some cases where you should not proceed without counsel. On the other hand, we solve problems all the time without lawyers by doing our homework and using a little common sense, and in some auto accidents, that may be all it takes to get it resolved. How do you know if your case is one of them?
Every negligence lawsuit has to answer three main questions:
- Did somebody do something wrong?
This is the issue if liability. If you've done nothing wrong, you don't expect to pay someone's damages just because they're injured. Similarly, just because you're injured doesn't necessarily mean that someone did something wrong. But sometimes, people do mess up and there is no question but that someone else is liable. If that's your case, you have answered the first question "yes" and you can proceed to the next question, which is: So what? That question may sound flippant, but it's actually pretty important.
- Were you injured as a result of somebody doing something wrong?
This is the issue of causation. For Example, Driver A runs a red light and Driver B is injured. You (Driver B) may have a claim against Driver A if you and A were both at the same light, but if A ran the light a mile away from the accident scene, then even though A was negligent, that may not have been the cause of your injuries. Once again, sometimes there is no question that your injuries were caused by the accident, and if that is your case, the answer to the second question is "yes" and you can proceed to the third question, which is:
- What damages did you suffer as a result of the accident?
This is probably the most problematic thing for people to figure out. There is no blue book for injuries. Beware if the insurance adjuster (or lawyer for that matter) who tells you the "market price" for a broken arm is X dollars. The damages in a case are the sum total of a number of different elements:
- The reasonable value of the medical care that you had to have as a result of the accident.
The key here is documentation. Get medical records and bills from all the providers that treated you (Don't forget the ambulance). Remember, you need the value of the services. If all you paid was the deductible, that's not what the services cost. Get the bill from the provider's business office. Same thing with the doctor's records. The company is entitled to know and you want to tell them, exactly when you saw the doctor, what you told her, and what she did in response to your complaints. Be sure to get records form all your providers - paramedics, emergency room, primary care physician, physical therapy, consultants, etc. You may need to pay a fee for copying charges.
- Any reasonable expenses that you incurred, as a result of the accident that you would not have incurred had the accident never happened.
Did you fill the prescription? Did the doctor tell you to buy a bandage wrap? Ice packs? Heating pad? Did you have to pay anyone to do something that you would have done yourself if the accident hadn't happened? If so, keep the receipts. All of those are expenditures you wouldn't have made but for the accident. They are part of your claim.
- Any wages you lost as a result of the accident.
Have your employer provide a statement on the company letterhead, saying you work for the company, how much you're paid, and how much time you've lost because of the accident.
- The amount necessary to compensate you for the pain, suffering and aggravation you had to endure as a result of the injuries you sustained in the accident.
It's usually this one that's toughest for people, and rightfully so. How do you determine that? Consider: are there things you couldn't do after the accident that you could do before? How long were you unable to do them? How often did you do them before the accident? Did activities of daily living hurt? How long? Did you have to give up certain activities all together? This is going to require some pretty serious thought.
Once you have your documents in hand, you're ready to make a demand. A demand is a letter to the insurance company which tells them what happened to you, explains how your life had been affected by the accident, and tells them what amount of money you believe will compensate you for your injuries. When the company receives the demand, it will read it and look over the documents you have attached. If you and the company agree on the amount they will pay and the amount you will accept, you have settled the case. The company will send you two documents-a check and a release. A release is an agreement that you must sign saying that you will not ask the company for any more money for this accident. Ever. When you sign the release and get the check, the claim is settled.
All cases should be so easy. The truth is that not all of them are. But if you have (1) an accident with no question of liability; (2) a straightforward injury (not involving surgery or the need for future treatment); (3) a willingness to do some homework in tracking down medical records and such; and (4) common sense, you may be able to handle the case without hiring a lawyer.
There's one other requirement: patience. Many people who decide to handle their own case come back to a lawyer because they are tired of (a) not having their calls returned, or (b) being put on hold, or (c) running around gathering records, or (d) being passed from one adjuster to another, or (e) not being believed, etc. From many people, the aggravation alone is reason enought to have someone else do it.
The process isn't necessarily difficult, but it's definitely not for everyone.
Now, since we're not in the business of turning away business, let me also say that there are some cases where you should definitely have a lawyer. For example:
- Where there is a serious injury or death. If a spouse or other family member has died, you claim is governed by specific statutes. If you have suffered a permanent injury requiring surgery or other invasive medical care, those injuries need to be carefully documented. There may also be future consequences to your injury, such as the need for future medical care, the inability to do certain types of work, early development of other disabilities, etc. You would do well to hire a lawyer who knows how to develop these issues.
- Where there is a dispute as to liability or where more than one person caused your injury. In Arizona, we have the concept of comparative fault. That means that if more than one person acted in such a way to cause your injury, you can only recover from each person the percentage of your total damages that correspond to the percentage of that person's fault. So Joe may have run into you but if Joe says it was because Mary cut him off, Joe and Mary may both be responsible for your injuries. Of course you can't recover your injuries twice, but you may have to sue both of them in order to recover 100% of your claim.
- Anytime you're in litigation. It's generally not a good idea to handle your own lawsuit in court without a lawyer. You're going to be subject to the same procedural rules as lawyers, and if you're served with a motion you're going to have to respond to it as a lawyer would or take your chances.
Remember: No single page - not even a single web site - can cover all the issues that may arise in an accident claim. For example, we haven't even discussed the Statutes of Limitations. They're different depending on the circumstances of your case. What we do want for you is to know your options. If you have any questions at all about what to do or which option is right for you, talk to a lawyer.