The short answer to that question is “yes.” And we get it. We speak with people all the time who ask, “Do I actually need to hire an attorney after my car accident?” “Will I even end up with anything after the settlement?” “Aren’t lawyers only about money?”
You want more money in your pocket! And we want more money in your pocket, too! But seeing if the insurance company will do “what’s right” after your car accident can have negative consequences on your claim. They’re way ahead of you and have honed their own tactics to work against you.
Most often, waiting to hire a car accident attorney for a moderate or severe personal injury case will not translate to more money for the victim. Here’s why.
1. Injuries will heal and documentation will be lost
Demonstrating the extent of an injury can be powerful to an adjuster or jury. But in most cases, injuries will heal over time.
If the injuries weren’t documented by photo and/or video, looking at someone two years later can be deceiving. They may be almost fully recovered, but the difficult process it took to get there can be lost and forgotten.
If a jury sees a healed individual at trial, it’s difficult to get an award of substantial damages because they may think that the injury wasn’t as bad as claimed.
2. Witnesses disappear and memories fade
A witness who seems eager to help at the scene of the crash might never be heard from again. Especially after a year or two. Or maybe they want to help, but can’t fully remember what happened. Or maybe they moved out of state.
There are a number of different things that can happen over time. If you’re not able to show the other party was negligent with witness testimony, then the chances of winning your case go down. If a jury believes that either story is plausible, you’ll probably lose.
3. Delay conveys lack of interest and perceived lack of serious injury
Insurance companies actually love when people delay. It gives them the opportunity to hold on to their money longer to earn interest and look for reasons to deny or defend your claim.
Delay in hiring a personal injury attorney will also convey that your claim isn’t really all that important to you and that maybe you aren’t that badly injured. This isn’t the message you want to send insurance companies from the start.
4. Waiting may prevent a lawyer from accepting your case
All of these reasons and more are why a personal injury attorney may not take your case. If you wait too long, it may be next to impossible for the lawyer to prove your case because of a lack of evidence, no witnesses, limited time, etc.
5. The insurance company is prepared for this, you aren’t
We don’t mean to come off rude, but just to point out the obvious. Insurance companies are billion-dollar corporations. Adjusters are trained with the specific job of trying to find a way to pay you less. Even if they act like they’re your friend.
6. The best car accident attorney will add value
This is done at no cost to you. Personal injury lawyers work on contingency fees. This means they only get paid when there’s a recovery.
The best car crash attorneys are able to properly evaluate your damages and get you financial compensation for things like medical bills, lost wages, future lost earning capacity, pain and suffering, and more.
7. The statute of limitations may expire
In California, you have 2 years from the date of the car wreck to file a claim. If you wait longer, your claim will be time-barred.
Sacramento Personal Injury Attorney
My name is Dan Hanecak and I am a Sacramento car accident attorney. If you have questions about a case, please call me at (916) 619-5452 and I will speak with you directly.
We can discuss the facts and circumstances of your case and I will provide you with free and friendly advice.
We also have a form you can fill out on our website if it’s more convenient for you. Please leave your number and a time to call and I will call you back personally.
