Do I Have to Go to Court or Hire a Good Car Accident Lawyer?

Important: We updated this article in April 2025 after reviewing car insurance industry statistics and tort litigation data. Most people live their whole lives without experiencing a serious car accident. So, when they do occur, many folks have some questions about what happens next: Who pays for medical bills if I am injured? Who pays for my lost wages? How much is my car accident case worth? And do I need a good car accident lawyer to get a fair settlement?

If you’ve just been hurt in an accident, it’s important to seek medical treatment as soon as possible. As you focus on healing, the next step is to assess whether or not you the at-fault party’s insurance company owes you damages. Chances are good that you qualify for a settlement payment. But for serious car crash injuries, consulting an attorney is always a good idea.

Learn when to hire a good car accident attorney for your case and your likelihood of going to court in order to get a fair settlement below.

When You Need a Good Car Accident Lawyer for a Fair Settlement: Key Takeaways

• Car accident victims with severe injuries get the most benefit from hiring personal injury lawyers to handle their claims. This is because they include estimated future medical costs when negotiating your settlement amount, not just the bills you have receipts for right now.
• If you aren’t hurt but have vehicle damage, you may not need an attorney to get a car accident settlement. It also depends on which state you’re in and whether all involved drivers have proper auto insurance coverage.
• Bodily injury claims usually pay 3.5x more money to car accident victims if an attorney negotiates on your behalf. And that amount is how much you would keep after auto accident lawyers deduct their legal fees, not before.
• It’s very difficult to win a car accident settlement if no driver involved has insurance coverage. In such cases, personal injury lawyers can sue the responsible driver instead. However, if they cannot afford insurance, it’s unlikely they could pay for your medical bills or car repairs, either.

Will I Have to Go to Court if a Motor Vehicle Accident Lawyer Handles my Claim?

One recent question from a LegalASAP reader had two parts:

1) Do I have to go to court? and

2) Do I have to use a good car accident lawyer for my injury claim?

The answer for both is clear: No, you don’t have to do either one of these things. And even if you do use an attorney, it’s extremely rare for you to have to go to court. According to recent data, 95% of car accident claims settle without going to trial. Of those that do go to trial, 57% rule in the plaintiff’s favor.

However, if you want maximum compensation for a serious injury, an attorney will almost always get you more money than settling directly with insurance.

Factors That Can Help You Secure Fair Compensation for Your Car Accident Case

One, most insurance companies prefer to settle your car accident claim rather than go to court. The reason for this approach is simple: When they settle, the outcome is more predictable. Two, it’s easier to prove liability and damages in car accident cases than it is for other types of lawsuits. Let’s look at some things that can help you prove your case and get the maximum compensation you deserve.

Eyewitness Statements and a Police Report

Your case improves if accident witnesses can provide statements showing the other driver is the at-fault party. A police accident report and pictures of the scene may also help bolster your case. This is why it’s important to call 911 if you’re in a car wreck, even if you don’t think you’re hurt.

You should also try to take photos of the accident scene if you can. However, if you leave in an ambulance with severe injuries, that isn’t always possible.

If nobody saw the accident happen and you did not call the police, it gets much harder to prove your case. But, with an attorney’s help, there are still a few ways to generate solid evidence supporting your version of events.

Video Footage from the Accident Scene

A good car accident attorney can contact local businesses and the police to request video footage for your case. Security cameras for nearby businesses and red-light cameras at busy intersections are just two examples that can provide such evidence. But you’ll want to grab that quick, before any relevant footage disappears or gets recorded over to save space.

Other Corroborating Evidence

Lawyers can also find other ways to show the other driver caused your accident that you might never think of yourself. These include things like:

• Expert witnesses willing to testify on your behalf. These can be helpful if there are conflicting stories about how the accident occurred, or who’s at fault.
• A pattern of past negligent behavior from the other driver. Maybe the person who drove into you has a history of speeding tickets or prior drunk driving arrests. Or, the attorney pulls phone records that prove distracted driving played a role in your accident. Either way, these are things that you usually need a warrant or special privileges to access, which lawyers often have (but others don’t).

However, if you did not suffer income loss or injuries that you can prove with medical records, there may not be enough damages for you to receive a settlement. The best way to know if you have a case worth pursuing is to consult an auto accident lawyer.

How Much Car Accident Compensation Can I Expect When Filing an Insurance Claim Without An Attorney?

There are at least three different types of damages most people can get after they experience a motor vehicle accident. Anyone can get economic damages by filing a car accident claim directly with the at-fault driver’s insurance company. But those other two types of damages? It’s almost impossible to get those extra thousands in cash without a good car accident lawyer.

Economic Damages

Economic damages can include anything you can submit a receipt for when requesting a settlement for your car crash. Here are some examples of economic damages you can get money for in a car accident claim:

• Vehicle repair costs
• Medical expenses (i.e., your hospital bill or prescription pain medication)
• Tow truck costs
• Replacing personal property destroyed in the accident (like a work laptop or clothes they cut off of you in the ER)
• Lost wages, if you had to miss work

Non-Economic Damages

This is where things get trickier, and having an attorney really pays off. Non-economic damages usually include things like that are difficult to measure or assign dollar amounts for, such as:

• Emotional distress
• Loss of consortium
• Pain and suffering
• Loss of enjoyment of life

If you’re hurt especially badly after a collision, you may need these damages just to avoid going broke afterwards. Some examples might include if you have a traumatic brain injury, have limited mobility, or cannot work again after your accident.

Punitive Damages

These types of cash awards serve to punish reckless or intentional misconduct, like driving under the influence or road rage incidents. In general, no insurance companies award punitive damages to car accident victims without attorney representation. Why? Because the law says that you must show “clear and convincing evidence” of “gross negligence, malice, or other egregious conduct.”

In other words, you need a legal team that understands how to provide solid evidence that a judge would accept in court. First of all, it’s unlikely you can produce that evidence yourself to support your claim. And second, the insurance company will have an army of lawyers working against you to deny that extra payout.

The Law Firm 3.5x Multiplier on Your Car Accident Settlement

According to the Insurance Information Institute, the average bodily injury claim payout directly from insurers in 2023 was $26,501 plus $6,551 for auto repairs. This adds up to $33,052 in total for your car accident case if you file an insurance claim without an attorney.

That means a good car accident lawyer can likely get you closer to $175,000 for your average injury payout. And that also means you’d keep closer to $117,250 after paying a contingency fee to your car accident lawyer.

However, there are several factors affecting your payout that are out of your control. For example, the other driver’s car insurance company may have a low policy limit. Also, the exact location where the crash happened makes a big difference. Some states or jurisdictions award higher payout amounts than others. Each judge is a little different. For that reason, it can be difficult to assess ahead of time how one will rule in your case should it go to trial.

What Happens if my Car Accident Attorney Loses my Case?

Fortunately, your car accident attorney charges $0 for legal assistance if your case loses. This is because all personal injury lawyers represent their car crash clients on a contingency fee basis. So, you won’t lose any money out of your own pocket by working with one. You only pay a percentage of your settlement in legal fees once you win damages.

If you don’t win your car accident claim, then you or if you can only receive a payment up to a certain coverage limit, then your health insurance provider will need to pay the difference. If you do not have health insurance, then you must pay the remaining medical bills yourself.

What is the Best Possible Outcome with an Experienced Car Accident Lawyer?

The best possible outcome is to receive an out-of-court settlement covering all the following losses from your motor vehicle accident:

• The total cost of both your current and future medical bills
• Lost wages from time you missed work, both from the car crash itself and while you medical treatment during normal business hours
• Pain and suffering from the accident (learn how attorneys calculate that dollar amount)

Having the right lawyer on your side means you’ll get as much money as you possibly can for your claim. Studies show that, on average, attorneys get their clients more than 3.5 times the settlement amount people get that negotiate directly with insurers. That’s according to the study Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims by the Insurance Research Council.

Examples of Car Crash Cases Where Auto Accident Attorneys Are Not Helpful or Necessary for Your Claim

If any of the following applies to your case, then a good car accident lawyer makes no difference in your outcome:

• Your crash occurred more than two years ago (in most states). This is because the statute of limitations likely already passed and it’s too late to get a settlement on your claim.
• You caused that accident that hurt you and damaged your vehicle. For example: You drove into a parked car because you were tired and nobody else was involved in your car crash. If you are technically at fault for your accident, then no attorney will accept your case.
• Your car accident happened in a no-fault state and you’re uninsured. In 12 states, it doesn’t matter who caused your car accident. If your crash occurred in one of those locations, you can only file a claim against your own insurance policy for damages. If you have no coverage, then you have no way to receive a settlement.
• You left the scene of the accident and never got the other driver’s insurance information or called the police. In some states, failing to report an accident or leaving the scene without exchanging your information a crime. An attorney will not want to help you seek compensation if you already broke the law in your state.
• You already accepted a settlement offer from the insurance company, but now have additional medical bills. When you settle a car accident case, you must sign some paperwork to receive your payout check. This usually includes a claim release form that states you waive your right to litigation in the future.

How to Get a Free Consultation for Your Motor Vehicle Accident Claim

If you were hurt in a recent car accident, you would be smart to consult an attorney as soon as possible. Auto accident lawyers can answer any remaining questions you may have about what to expect during the claims process.

A good car accident lawyer will have no problem giving you a free consultation to review all your legal options. This free consultation can help you understand things like:

• The usual auto accident settlement timeline for similar recent cases in your state
• How much you may owe in contingency and filing fees if your case is successful
• Whether or not your case is valid and how much time you have left to pursue it
• How much money your case may really be worth, even if you choose not to hire that attorney
• How to appeal if the insurance company denies your claim the first time
• What to say (or not say) to the insurance company’s claims adjuster

It’s also a good time to review any paperwork you might have to sign in order to establish an attorney-client relationship.

Ready to see if you may qualify? Fill out a free short consultation form, and we can check if you’re qualified for a claim. You may also ask questions at our hotline at 888-927-3080.

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