Do I Need a Lawyer After My Orange County Car Accident?
Dr. Barry Marks, chiropractor and leading car accident injury expert in Orange County explains why you may or may not need to hire a lawyer for your car accident.
Important Note: Do NOT Hire a Lawyer Until You Have Read This Entire Article
How a Car Accident Claim Works
After a car accident in Orange County, there is a process that involves getting your car repaired, getting treatment for your injuries, and then obtaining a financial personal injury settlement to cover your losses. The process is pretty much the same in most auto accident cases. So let’s look at this process in detail to see when the decision to hire an attorney comes up.
At the Scene After an Accident
It’s probably too late, because you’re most likely reading this after your accident, but just in case, this may help others who have yet to be involved in a car wreck.
Move your vehicle to a safe place as soon as you can. Get away from your vehicle stand to the side on the shoulder. Vehicles stopped on or beside the freeway or road are often hit by lookie-loos.
Even if you do not feel pain at the moment, it is always best to request police or highway patrol and make a report on the scene.
While waiting for law enforcement, exchange information with the other driver. Take a photo of their driver’s license and insurance card. Also take a photo of the driver and of any damage to BOTH or ALL vehicles including license plates in the photos. Note anyone else in the vehicles. Do not argue if anyone refuses to exchange information, just wait for the police to arrive. If they flee the scene take photos of their vehicle and license plate and call 9-1-1.
If your vehicle is undriveable and is towed, call a friend or family member to meet you wherever the vehicle is being towed to.
Once You Get Home or to Work After the Accident
Call your own car insurance company and report the accident. Even if the accident is not your fault, you need to create a claim with your own. Ask the agent to send you a copy of your “declaration page” “deck page” if possible to check your coverages.
Call the other party’s insurance company and report the wreck. They will want to take your statement of what happened. Give them the most basic details. Write down the claim number, the adjuster’s name and address.
If your car is undriveable, make arrangements for a rental car. The other party’s insurance should cover it. When you call, give them the claim number and adjuster’s contact info and they will bill them directly. If you cannot get the claim number right away, check your own policy to see if you have coverage.
Make an appointment to see a doctor–whether you feel pain at the moment or not. Some injuries can take days, weeks and even months to show up. A doctor who specializes in car accident injuries will be able to uncover any damage done to your body. Your best bet is a car accident chiropractor. Doctors of Chiropractic are trained to check and repair the spine.
Until you see the doctor, refrain from exercise or heavy work. You may do some light walking as long as your legs aren’t injured and gentle stretching in the shower is often helpful. You can apply ice packs to the injured areas for 10-12 min 1-2 times a day for 2 days. After switch to heat for 10-15 min.
After You Have Been Evaluated by a Car Accident Doctor
Once you have been examined and x-rays are taken. X-ray should ALWAYS be taken after an accident unless you’re pregnant. Now you know what your injuries are. This is the first moment to make a decision on whether to hire an lawyer.
Retain a Personal Injury Lawyer Now If…
If your doctor says you have severe damage to your spine and orders an MRI or sends you to confer with another specialist like a neurosurgeon or orthopedist, he/she must feel you have suffered a significant injury. It is likely your case is beyond the garden variety fender-bender and an attorney is a good idea. Your doctor should be able to refer you to one.
DO NOT HIRE A LAWYER BASED ON ADVERTISING. Many of the bus bench and billboard lawyers make a living off of using a huge funnel to scoop in as many cases as they can, signing them up quickly, letting them sit for a while and then later looking at the file and weeding out many of the cases they don’t actually want. They will then dismiss your case after you’ve been with them for a month or more.
These lawyers will also use “churning” which means the cases they do take they send out to doctors they know, run up a set bill with mediocre treatment then settle your case quickly and below market value. They do this to quickly make small amounts on a large volume of cases with disregard for the client (you).
A referral from an experienced car accident doctor is best because they work with a lot of different attorneys. They can vouch that the lawyer won’t funnel you in, only to weed you out later or churn your case.
You Can Wait a While Before Hiring a Car Accident Attorney if…
If your doctors says you have mild to moderate injuries and does not order additional tests up front, then you probably do not want an attorney yet. Go through the treatment recommendations of your doctor and then after a re-evaluation see how you are. Generally speaking, a case that resolves completely in a couple months and doesn’t require an MRI or another specialist is not an attractive case for a good lawyer. A good personal injury lawyer usually won’t take a small case. They can’t waste their valuable time. A lawyer who churns will take any case, but the problem is they will low ball your settlement and you will receive less compensation.
In more mild or short term cases, you can make a personal injury settlement on your own. It’s not that complicated and there are plenty of references online to assist you in negotiating a deal with the insurance company. Your car accident chiropractor or doctor may also assist you.
Call a Personal Injury Lawyer if…
If you’ve tried treatment for a few months and you have not fully recovered or your doctor says you need to see another specialist or get an MRI, it’s a good bet your injury is more complicated and legal representation will be needed to obtain a fair settlement. Again, your auto accident medical provider will refer you to a lawyer best suited for the type of injury you have suffered.
How Do I Pay My Lawyer?
Legal fees for personal injury cases, which includes car accident cases, are set by the State. You do not have to pay a lawyer a retainer fee up front like you would for a business or other type of lawyer. Personal Injury Attorneys work on a contingency basis; they get a percentage of whatever they collect for you. If they fail to collect any settlement, you do not have to pay them.
Legal Fees in California
Lawyers are limited to a maximum of 33% of the gross settlement amount for cases that do not go to arbitration or trial. They are also entitled to “costs” for copying records and other miscellaneous items. More about costs later.
Cases where the attorney must go to arbitration or to an actual trial are charged 40% of the recovered settlement. Additionally they can also charge costs of filing, deposition costs and others in addition to the percentage.
Once your case has been settled, the lawyer will receive a check from the insurance company. You will then be asked to sign the check and sign a “disbursement form” with the breakdown of all the medical and legal fees. You will then receive a check and your lawyer will pay the medical bills. ALWAYS make sure to get a copy of the disbursement sheet and verify the lawyer will pay the medical providers. Just to be safe, it’s a good idea to check with your medical providers to verify they were paid so you don’t end up with a surprise bill months later!
Personal Injury Attorney Red Flags
- Attorneys asking for a retainer fee up front
- Lawyers who try to move you away from your doctor and place you with another
- Attorneys who refer you to medical clinics or industrial clinics
- Lawyers who insist on taking over your insurance benefits. (They will collect insurance money meant for medical care and then settle the case and only pay a portion of the money to the doctor)
- Attorneys who are too busy to answer your calls or return emails promptly
Have Questions, Need Help After a Car Accident?
Dr. Barry Marks, Chiropractor and Car Accident Doctor is available to answer your questions, go to the Contact Page and your questions will be answered.
See related article on Car Accident Injuries in archive