Car accidents can turn your life upside down without a moment’s notice. The process of seeking compensation in a car accident injury claim may seem straightforward on the surface, but it can be a long road fraught with insurmountable obstacles, especially if you go it alone.
According to data reported by Nolo the average car accident injury claim takes 11.4 months to be resolved and many victims end up waiting multiple years to earn a rightful settlement.
If you’ve suffered injuries, significant property damage, or face disputes over fault, you need a lawyer after a car accident to safeguard your rights, handle complex negotiations with insurers, and maximize your potential compensation. Most car accident lawyers will take your case with no upfront costs to you.
Why People Consider Representing Themselves
After a car accident, some people choose to handle their claims without a lawyer. This usually comes down to two things: worrying about how much an attorney will cost or thinking the case is simple enough to deal with on their own. While these decisions might seem reasonable at first, they can lead to big problems later.
Worries About the Cost
Many people assume hiring a lawyer means paying expensive legal fees upfront. With medical bills, car repairs, and lost income piling up, that can seem overwhelming. However, most personal injury lawyers don’t require any upfront payment. They work on a contingency fee basis, meaning they only get paid if your case is successful.
Having a lawyer significantly increases your chances of receiving a settlement that fully accounts for your injuries, medical costs, and other losses. Those who handle their cases alone often settle for far less than what is needed, leaving them to cover additional expenses out of pocket.
Thinking the Case is Simple and Will Resolve Quickly
Many victims of car accident injuries believe their case is simple and won’t require much effort – and hiring an attorney is not necessary.
Insurance companies often encourage this belief by downplaying the need for attorney representation. They may present themselves as cooperative and eager to settle quickly, suggesting that hiring an attorney will complicate the process or delay resolution. In reality, their goal is to minimize payouts, as they know an attorney would push for higher compensation and require them to engage in lengthy negotiations.
An insurance representative may urge the victim to take a small cash settlement to close the case quickly – and not wait “years” for a resolution.
If you choose to go this route (and not hire a lawyer), you’ll likely end up with an insufficient settlement – and be forced to pay medical bills and other expenses out of pocket.
While settlements can take a long time, data from the U.S. Department of Justice shows us that car accident injury cases are settled quicker than all other types of injury claims.
The Challenges of Representing Yourself
Understanding Legal Procedures
Washington law surrounding auto accident claims is very extensive. When you’re dealing with injuries from a car accident, your number one priority should be recovery/getting your life back on track – not learning the ins and outs of Washington personal injury law.
Some of the major aspects of Washington personal injury law include:
Statutes of Limitations and Filing Deadlines
Washington state has a three-year statute of limitations for filing a car accident personal injury claim. This means you have three years from the date of the accident to file your claim.
Missing this deadline typically means losing your right to pursue compensation.
Also, some claims may involve shorter deadlines. For example, if a government vehicle was involved, you might need to file a claim within six months. Managing time-sensitive deadlines and other legal requirements can be overwhelming for victims focused on recovery. An attorney can take on these responsibilities, reducing stress and allowing victims to prioritize their health.
Comparative Negligence Laws
Washington follows a comparative negligence rule, which can reduce the compensation you receive if you are partially at fault. For example, if you are found to be 20% at fault for the accident, your compensation could be reduced by 20%. This rule sheds light on the importance of gathering solid evidence and building a strong case to minimize fault attributed to you.
Attorneys experienced in car accident cases know how to gather and present evidence that supports your claim. They are equipped to counter arguments made by the other side to assign you an unfair share of the blame.
Proving Damages in Washington
To earn the maximum compensation, you need to prove your damages with records – not hearsay. Washington law allows you to recover for medical bills, lost wages, property damage, and pain and suffering. Each category of damages requires specific evidence. The major pieces of evidence needed for a successful case may include:
Medical Bills
You will need detailed records and receipts for all treatments related to your injury. In addition to the immediate treatment, you may also need ongoing care or medical devices. If representing yourself you will have to create estimates for this to be incorporated into your claim, another area where an attorney is indispensable in maximizing your compensation to cover these expenses.
Lost Wages
Lost wages documentation involves gathering documentation from your employer or other sources of pay to show the income you lost while recovering. If you are unable to work permanently, an attorney will calculate these wages as “lost earning potential” – which will be included in your claim.
Pain and Suffering
This is harder to quantify, but an attorney can help present evidence like journal entries, the testimony of others or even expert testimony. An attorney can help you calculate these subjective damages and factor it into your claim.
The burden of proof in this area can be overwhelming without the guidance of an experienced car accident lawyer. Attorneys understand how to organize and present the necessary evidence in the most impactful way.
Special Considerations for Serious Injuries
If your injuries are severe, such as a traumatic brain injury or permanent disability, the stakes are even higher. These cases often involve significant medical expenses and long-term care needs. Washington law allows for compensation to cover future medical costs, but proving these damages requires expert opinions and careful calculations.
Experienced lawyers work with medical and financial experts to project future costs accurately – so you don’t settle for less than what you’ll need in the years ahead.
Negotiations with Insurance Companies
Because insurance companies are obligated to maximize their bottom line, this means they are focused on minimizing your payout (even your own provider). Insurance companies are adept at negotiating for low settlements, regardless of who is at fault.
Without legal experience and a Washington car accident attorney on your side, you may agree to a low settlement and be forced to cover costs on your own. In many cases, insurance companies won’t even negotiate with a victim if they don’t have an attorney. They’ll likely offer a low settlement and nothing more.
A Detailed Look at How Lawyers Build Your Case
Familiarity with Washington Law
A car accident lawyer will understand all the finer details of car accident injury law and how to manage the case from start to finish. This includes all the necessary legal procedures, deadlines, and most importantly, the negotiation tactics to earn maximum payouts. A lawyer will manage everything, including (but not limited to):
- Analyzing your case
- Gathering evidence
- Calculating your damages
- Building your claim
- Drafting your demand letter
- Conducting all negotiations with insurance companies
- Deciding when to settle
- Taking your case to trial (if necessary)
- Managing the appeals process (if necessary)
Most importantly, lawyers understand the value of your claim and how to use Washington’s laws to fight for a sufficient resolution. They will manage every step of the process – so you can focus on getting better.
Thorough Case Investigation
Car accident injury investigations are much more extensive than many victims assume. In addition to police reports, witness statements, and medical records, experienced personal injury lawyers may find pieces of evidence you overlook.
Attorneys also work with experts, such as accident reconstruction specialists, to recreate the incident based on the damage to help prove liability. A lot of these resources are not easily accessible to victims without a lawyer.
Negotiating with Insurance Companies
Dealing with insurance companies in a car accident personal injury claim will be extremely challenging if you choose to represent yourself.
A lawyer manages all the communication with the insurance company on your behalf. Their mission is to use Washington law to protect your interests and fight for the compensation you deserve. Due to the contingency fee agreement structure – in which attorneys earn a percentage of the total payout – they are highly motivated to negotiate aggressively to earn the maximum compensation.
Representing You in Court
Very few car accident injury claims see the inside of a courtroom – roughly three to five percent. This only happens as a last resort if the insurance company refuses to offer a sufficient settlement – and is not budging on liability.
If a reasonable settlement can’t be reached, a lawyer may choose to pursue the claim in the court system. They will manage this entire process for you and fight for compensation. You may not even have to show up to court.
When Self-Representation Might Work
While we strongly recommend hiring an experienced car accident attorney, there are situations where legal representation may not be necessary. For instance, if there are no apparent injuries, the damage to your vehicle is minimal, and the other driver admits fault, you may be able to resolve the case directly through your insurance companies.
However, it’s important to note that injuries can sometimes surface days after an accident, even if nothing seems wrong initially. If you seek medical treatment at any point, it’s wise to consult with a personal injury lawyer to understand your options. Many personal injury attorneys in Washington offer free consultations to help you determine whether attorney assistance is necessary.
Steps to Take Before Deciding If You Need a Lawyer
Assess Your Injuries
Most importantly, you need to consider the severity of your injuries. Serious injuries generally lead to high medical bills and long-term costs. Keep in mind that some serious injuries (like concussions or spinal cord injuries) can take time to develop.
This is why it’s so important to get checked by the medical staff that arrives on the scene. These professionals can spot the early signs of serious injuries (even if you feel fine) and direct you in taking the next steps.
You may also consider making an appointment with your primary care doctor after the police report is filed. They will conduct a more thorough assessment – which will help you understand if a car accident claim is warranted.
Take Advantage of a Free Consultation with an Attorney
Since most personal injury lawyers offer free consultations, this gives you a chance to discuss your situation, provide the initial evidence (police report, medical assessment, etc.), and ask questions.
The lawyer can explain your options and determine if filing a personal injury claim is the best move.
Next Steps If You’ve Been Injured in a Car Accident
Handling a car accident personal injury claim alone might seem like a way to save money.
But most of the time, the risks outweigh the benefits. Without a lawyer, you may end up with low settlement offers, missed deadlines, or legal mistakes that will end up costing you in the long run.
At Russell & Hill, PLLC, we’ve been serving personal injury clients since 2005, providing dedicated legal representation for car accident victims across Washington. Our experienced car accident attorneys are committed to helping you navigate your situation, offering FREE consultations to evaluate your case and explain your options under Washington law.
Founding partner Matthew Russell earned his law degree from Hamline University School of Law and has been a member of the Washington State Bar since 2001. James V. Hill, also a founding partner, graduated from Seattle University School of Law and joined the Washington State Bar that same year. Together, they bring decades of combined experience in advocating for optimal outcomes and maximum compensation for accident victims.
Reach out today by sending us a message online or calling 800-529-0842 to get started.