Most car accident claims are really negotiations with an insurance company. A lawyer’s job is to document your injuries and losses, establish fault, deal with the insurers and push for a fair settlement, and to file a lawsuit if negotiations fail. Most work on contingency, so you pay nothing unless you recover money.
When you probably need a lawyer
- You or a passenger were injured, especially if you needed hospital care or ongoing treatment.
- The other driver or their insurer disputes who caused the crash.
- The insurer offers a quick settlement before you know the full extent of your injuries.
- The crash involved a commercial vehicle, a rideshare, a government vehicle or an uninsured driver.
When you may not
If it was a minor fender-bender with no injuries and the at-fault driver’s insurer is paying for repairs promptly, you can often handle the property-damage claim yourself.
What to do right now
- Get medical care and keep every record and bill.
- Photograph the vehicles, the scene, and your injuries.
- Get the police report number and the other driver’s insurance details.
- Don’t give a recorded statement to the other driver’s insurer before getting advice.
- Keep track of missed work and out-of-pocket costs.
What compensation can include
Medical bills (past and future), lost wages and earning capacity, vehicle damage, and pain and suffering. What you can recover depends on your state’s fault rules and the available insurance.
How fees work
With a contingency fee, the lawyer is paid a percentage of the settlement or verdict: commonly one-third, and more if the case goes to trial. Case costs (records, experts, filing fees) may come out of the recovery too. Ask how costs are handled before you sign. See what you’d actually keep with our settlement calculator.
Frequently asked questions
How much does a car accident lawyer cost?
Most charge nothing upfront and take a percentage (commonly 33⅓%) of any settlement, and often around 40% if the case goes to trial.
Should I accept the insurance company’s first offer?
Be cautious. First offers often come before you know the full cost of your injuries. A free consultation can help you judge whether an offer is fair.
How long do I have to file a claim?
It depends on your state’s statute of limitations: commonly two or three years for personal injury, but shorter in some situations. Don’t wait to get advice.
Questions from readers
Question about Car accident? Ask it here. We answer common questions in general terms on this page. This is not legal advice, and we can’t take your case.
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