When to Hire an Attorney After a Car Accident

December 16, 2024 | By The Perecman Firm
When to Hire an Attorney After a Car Accident

If you’ve been injured in a car accident in New York City, Queens, or Long Island, you may be wondering if hiring an attorney is the right step. The short answer is yes—always talk to a lawyer. 

Even if you’ve already left the scene, seen a doctor, and spoken to the insurance company, consulting a lawyer can protect your rights, maximize your compensation, and allow you to focus on recovery while they handle the legal complexities for you. 

At The Perecman Firm, our car accident attorneys have spent decades helping injured individuals navigate the aftermath of accidents, ensuring they get the compensation they deserve. We offer a free consultation to talk with you about everything you need to know after a car accident, including why acting sooner rather than later can make a big difference in your case.

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The law sets strict deadlines for filing a personal injury lawsuit in New York. Generally, you have three years from the date of the accident to file a claim. If you’re pursuing a wrongful death claim after losing a loved one, the deadline is shorter—just two years from the date of death. 

These deadlines might seem far off, but building a strong case takes time. A lawyer needs to investigate the accident, gather evidence, consult experts, and negotiate with insurance companies. Starting early gives your legal team the time they need to prepare for every scenario, including the possibility of going to trial if necessary.

Why You Should Hire an Attorney Right Away

After a car accident, time is not on your side. Key evidence, such as surveillance footage or eyewitness accounts, can disappear quickly. Hiring a car accident lawyer as soon as possible ensures someone is actively working to secure and preserve this evidence on your behalf. 

Here’s how your lawyer can help:

  • Investigating the Accident: Your attorney will work to uncover the facts, from obtaining police reports to interviewing witnesses and analyzing vehicle damage.
  • Collecting Evidence: Personal injury lawyers know what evidence is critical, including medical records, photos of the crash, and expert evaluations.
  • Dealing with Insurance Companies: Insurance adjusters often look for ways to minimize payouts. Your lawyer will handle all communications, ensuring your rights are protected.
  • Calculating Your Damages: Beyond medical bills, you may be entitled to compensation for lost wages, pain and suffering, and future medical expenses. A lawyer will ensure no losses are overlooked.

Why Speak to a Lawyer Before Talking to Insurance Companies

Insurance companies are not on your side. Their goal is to settle claims quickly and for as little money as possible. Adjusters are skilled at asking questions designed to weaken your case. 

Speaking with a lawyer before giving a recorded statement or signing any documents ensures you don’t inadvertently harm your claim. If you’ve already talked to the insurer, don’t worry—your lawyer can step in and take over negotiations, protecting your interests moving forward. 

Pro Tip: Insurance companies tend to offer better settlements when a lawyer represents you. They know a strong legal team is willing to take the case to trial if their offers aren’t fair.

What a Lawyer Can Do for You

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Hiring a lawyer takes the burden off your shoulders. While you focus on recovering from your injuries, your legal team will handle every aspect of your case, including:

  • Filing Your Claim: Your lawyer will ensure your paperwork is filed correctly and on time, avoiding common pitfalls that can delay or derail a claim.
  • Negotiating a Settlement: Many cases are resolved through negotiations. Your lawyer will fight for a settlement that covers all your damages.
  • Preparing for Trial: If the insurance company refuses to offer fair compensation, your lawyer will be ready to present your case in court.
  • Explaining the Process: Your lawyer will guide you from start to finish, answering your questions and keeping you informed.

What If You’ve Already Spoken to the Insurance Company?

If you’ve already given a statement or started negotiations with the insurance company, don’t worry—it’s not too late to call a lawyer. In fact, involving a lawyer now can significantly improve your chances of securing fair compensation. 

Insurance companies often use tactics to minimize or outright deny claims, but having a lawyer on your side ensures you’re not navigating this process alone. These companies are businesses whose goal is to protect their bottom line. To achieve this, they may use several strategies to reduce or avoid paying your claim, including:

  • Offering Low Initial Settlements: It’s common for insurers to present a settlement offer quickly, hoping you’ll accept it before realizing the full extent of your injuries and losses. These lowball offers rarely account for long-term medical needs or future financial hardships.
  • Using Your Statement Against You: Insurance adjusters may ask leading questions or take your words out of context to argue that your injuries aren’t as severe as claimed or that you were partially at fault for the accident.
  • Delaying the Claims Process: Some insurers intentionally drag out claims, knowing that financial stress might push you to accept a smaller settlement.
  • Disputing Liability: Insurers may argue that their policyholder wasn’t at fault or that your own actions contributed to the accident, reducing the amount they owe you.
  • Requesting Excessive Documentation: Adjusters might ask for unnecessary or burdensome documentation, hoping you’ll become frustrated and give up on your claim. 

When you involve a lawyer, they can take over these negotiations, shielding you from the stress and complexity of dealing with the insurance company. 

Here’s how a lawyer can help if you’ve already spoken to the insurer:

  • Reviewing Settlement Offers: Your lawyer will assess any offers you’ve received to determine if they truly reflect the value of your claim. If the offer is inadequate, they’ll push for a better deal.
  • Reopening Negotiations: If you’ve accepted a low offer without understanding your rights, your lawyer may still be able to reopen discussions, depending on the circumstances.
  • Countering Insurance Tactics: A skilled lawyer recognizes and counters the common strategies insurers use to devalue claims. They’ll ensure your case is built on solid evidence and strong legal arguments.
  • Handling All Communication: Once you hire a lawyer, they’ll handle all communication with the insurer. This prevents the insurance company from using your words against you and ensures you don’t have to deal with their pressure tactics.
  • Pursuing Litigation if Necessary: If the insurer refuses to offer fair compensation, your lawyer can escalate the case by filing a lawsuit. Insurance companies are more likely to take your claim seriously when they know you have a lawyer willing to take the case to court. 

It’s never too late to seek legal representation, even if you’ve already engaged with the insurance company. At The Perecman Firm, we can step in at any stage of your claim to protect your rights, challenge unfair practices, and ensure you receive the compensation you deserve.

Possible Compensation for a Car Accident Claim

The goal of a personal injury claim after a car accident is to secure compensation for the losses you’ve experienced due to someone else’s negligence. This compensation is typically divided into two main categories: economic damages and non-economic damages.

Economic Damages

Economic damages cover the financial losses directly related to the accident. These are measurable costs that can be calculated based on bills, receipts, and other documentation. Examples include:

  • Medical Expenses: This includes the cost of emergency care, hospital stays, surgeries, physical therapy, prescription medications, and any necessary future treatments related to your injuries.
  • Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for your lost income during your recovery. This can also extend to lost earning capacity if your injuries affect your ability to work in the future.
  • Property Damage: Compensation may cover the cost of repairing or replacing your vehicle and any personal items damaged in the accident.
  • Future Financial Losses: If your injuries have long-term consequences, such as ongoing medical expenses or reduced earning potential, these future losses can also be included in your claim.

Non-Economic Damages

Non-economic damages address your accident's less tangible, but no less significant, impacts. While they don’t have a clear dollar amount attached, they help ensure you’re fully compensated for your experience. Examples include:

A man experiencing pain following a car accident injury.
  • Pain and Suffering: This refers to the physical pain and discomfort caused by your injuries.
  • Emotional Distress: Accidents can have a lasting emotional impact, causing anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health challenges.
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in activities or hobbies you once loved, you may be compensated for this diminished quality of life.
  • Disfigurement or Permanent Disability: If the accident results in scarring, amputation, or another life-altering condition, this may also factor into your non-economic damages.

How Compensation is Determined

Determining the value of your claim requires a thorough understanding of both the immediate and long-term impacts of your injuries. Your lawyer will evaluate:

  • The Severity of Your Injuries: More severe injuries typically result in higher compensation due to increased medical costs and greater life disruption.
  • The Impact on Your Daily Life: This includes both financial and emotional consequences, such as whether you can return to work or need assistance with daily activities.
  • Available Insurance Coverage: Compensation may be limited by the policy limits of the at-fault driver’s insurance. Your lawyer can also explore additional avenues for compensation, such as underinsured motorist coverage or other liable parties.

What Happens When I Contact a Lawyer?

The first step to securing the compensation you deserve after a car accident is scheduling a consultation with an attorney. At The Perecman Firm, we offer free case evaluations, which allow you to discuss your situation without any financial obligation. 

During the consultation, your attorney will listen to your account of the accident, review any materials you’ve brought, and ask questions to better understand your injuries and your challenges. This is also your chance to ask questions about the legal process, your potential claim, and how an attorney can help. 

If you decide to move forward, The Perecman Firm works on a contingency fee basis, meaning you won’t pay any upfront costs. We only get paid if we successfully recover compensation for you, ensuring that financial concerns never prevent you from getting the legal support you need.

What to Bring to the Consultation

To make the most of your initial meeting, bringing any materials related to the accident is helpful. Don’t worry if you don’t have everything—your lawyer can help gather additional evidence if you decide to move forward. Here’s a list of items that can be useful:

  • Accident Report: If you have a copy of the police report, bring it with you. If not, your lawyer can request it on your behalf.
  • Medical Records and Bills: Documentation of your injuries, treatment, and related expenses helps establish the extent of your damages.
  • Photos or Videos: Any images of the accident scene, vehicle damage, or visible injuries can strengthen your case.
  • Insurance Information: Bring copies of your insurance policy and any correspondence you’ve received from your insurer or the other driver’s insurance company.
  • Contact Information for Witnesses: If you collected the names or phone numbers of witnesses at the scene, share these details with your lawyer.
  • Pay Stubs or Income Records: If your injuries have kept you from working, these documents can help calculate lost wages.
  • Repair Estimates: If your vehicle was damaged, bring repair estimates or receipts for completed work.

What If You Don’t Have All the Materials?

It’s okay if you don’t have all the documents listed above. One of the key benefits of working with an attorney is that they’ll help gather and organize the evidence needed to build your case. For example:

  • Your lawyer can request the accident report from the police department.
  • They can work with your healthcare providers to obtain medical records and bills.
  • If surveillance footage of the accident exists, your attorney can contact the property owner to secure the video before it is erased.
  • They can interview witnesses, reconstruct the accident, and consult experts to strengthen your claim. 

The consultation is about understanding your situation and how the firm can help—not about judging what materials you already have.

How the Consultation Helps You Move Forward

By the end of the consultation, you’ll have a clearer understanding of your legal options and what to expect if you choose to hire an attorney. Your lawyer will explain how they plan to approach your case, what compensation you might be entitled to, and what steps they’ll take on your behalf. 

At The Perecman Firm, we handle the heavy lifting so you can focus on your recovery. From investigating the accident to negotiating with insurance companies, we’ll take care of every detail, ensuring you feel supported every step of the way. 

Whether or not you decide to move forward, the free consultation is a chance to ask questions, share your concerns, and start the process of reclaiming your life after a car accident.

Tailored Support for Each Case

Every car accident case is unique. Whether you’re facing mounting medical bills, struggling with ongoing pain, or worried about your family’s financial stability, your lawyer will work to ensure your compensation reflects the full scope of your losses. 

At The Perecman Firm, we are committed to fighting for injured clients across New York City, Queens, and Long Island, helping them secure the compensation they deserve to rebuild their lives. Regardless of the challenges, our team is here to advocate for you and ensure you have the resources and support to move forward.

Why Choose The Perecman Firm?

The Perecman Firm has been advocating for injured New Yorkers for decades. Whether you’re dealing with a car accident, a construction site injury, or another personal injury, we have the experience and dedication to fight for you. 

We believe in delivering justice against powerful foes, ensuring you and your family are taken care of during difficult times. While you focus on healing, we’ll hold bad actors accountable and secure the compensation you deserve.

Contact Us Today

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If you’ve been injured in a car accident, don’t wait to get the help you need. Contact The Perecman Firm, your trusted personal injury lawyer, for a free case evaluation. We’re here to fight for your rights and make things right for you and your family.

Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Jericho office on Long Island at 516-268-0130. You can also contact us online.

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