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This content is for informational purposes only and is not intended to provide legal advice.
Any type of accident can result in injuries and other damages, and this usually means you’re being hit with unexpected expenses. Whether it’s medical bills, replacing damaged property, or both, you’re facing a significant financial loss.
Like other states, California allows accident victims to file personal injury claims. This allows you to recover some or all of your financial damages. Something you may also be considering is hiring an attorney.
While most people usually see around a 3.5% increase in compensation amounts when you partner with an experienced accident attorney, their assistance still comes at a cost. So, should you work with an accident attorney or navigate the legal process by yourself?
Cost of Hiring a Personal Injury Attorney
You’re probably aware that attorneys aren’t cheap. Even one fresh out of law school, on average, charges anywhere from $42 to $55 per hour. Since you can expect your attorney to put in more than a couple of hours of work, the price tag can quickly get expensive. You may end up paying more for an attorney than the value of your personal injury claim.
Personal injury attorneys aren’t limited to charging their clients hourly rates or a flat fee. They can use a payment structure known as contingency fees. What are contingency fees? The premise is pretty easy to understand.
Your attorney works on your claim with the promise of receiving an agreed-upon percentage of your compensation amount. If the attorney doesn’t successfully settle your case, you don’t owe them for their time and hard work. In other words, you can retain legal representation without having to pay anything upfront.
Contingency fee rates can vary but tend to average between 25% to 33% of your compensation amount. So, if you’re awarded $100,000 and your contingency fee rate is 25%, you receive a check for $75,000. The primary benefit of contingency fees is that it makes hiring an accident attorney more affordable for everyone.
Benefits of Working with a Personal Injury Lawyer
Compared to some other states, California’s personal injury laws aren’t too complex. However, some legal nuances can be a little tricky to figure out. This is when it can pay to have an attorney working on your personal injury claim.
What are some of the legal nuances that may require an attorney’s help? If the accident victim is under the age of 18, the court may decide an attorney is best suited to handle the minor’s interests. Your attorney can also help you navigate the sometimes complicated steps to proving negligence.
Negligence is the cornerstone of any personal injury claim. If you can’t show that the defendant’s actions are negligent, there’s a good chance your injury claim will be dismissed, either by the court, insurance company, or both. How do you prove negligence? You address the four key elements:
- Duty of care:You must show the defendant owes you a duty of care. For example, all motorists have a duty of care to others on the road to operate their vehicles safely. Property owners and managers have a duty of care to keep their premises free of hazards.
- Breach of duty:When the defendant doesn’t exercise reasonable care, it can be considered a breach of duty. However, proving this element of negligence often requires some legal guidance. You must show that the at-fault party’s actions aren’t those of a reasonable person. However, everyone can have a different idea of what is considered reasonable behavior.
- Causation:This element of negligence is often easier to prove. You must show that the defendant’s actions are the direct cause of your injuries and other damages. In other words, your damages wouldn’t have occurred if the at-fault party hadn’t neglected their duty of care.
- Damages:If you’re at this element of negligence, you’ve addressed the other three. You must prove your damages are the direct result of the accident. This usually means producing documentation and other types of evidence to support your claim of suffering losses.
Working with an experienced accident attorney can help ensure you’re meeting every aspect of proving negligence.
Access to Resources
You may feel like you have access to all of the resources you need to prove your claim. There’s a chance you may be right. Some personal injury claims are relatively straightforward.
For example, a driver runs a red light and crashes into your vehicle as you’re proceeding on a green light. The other driver is obviously at fault, and you have witnesses and traffic camera video footage to further support your claim. In this scenario, you may not need any additional resources to prove your accident claim.
Unfortunately, most personal injury claims are a little more complex. There may be a question of fault. The other driver may be contesting your version of events or the insurance company is balking at paying out your claim. This is when it can be helpful to work with a personal injury lawyer.
Your attorney has access to resources that can make a difference in your claim. Your attorney can send out investigators and accident scene reconstruction specialists.
If subpoenas are necessary for obtaining video surveillance footage, your attorney can file the appropriate paperwork in civil court. You may even need to bring in expert witness testimony. This is common with claims seeking damages for long-term care. Your attorney has access to experts who can testify on your behalf.
Ready to Head to Civil Court
Even though the majority of personal injury claims are settled out of court, some turn into lawsuits. If your claim is a lawsuit, you should partner with an attorney. You can represent yourself in court, it’s perfectly legal, but it’s never a great idea.
Your attorney is familiar with the ins and outs of the legal process and can help ensure your claim moves smoothly through the court.
Partner with an Experienced Accident Attorney Today
If you have a simple personal injury claim and the insurance company is willing to quickly settle, you probably aren’t going to need an attorney’s legal services. However, if your accident claim is complex, it’s a good idea to partner with an experienced personal injury attorney.
From helping to ensure you receive the maximum value of your claim to handling all of the paperwork, your attorney can take care of everything so you can concentrate on your recovery.
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