Steven A. Bagen | April 2, 2025 | Car Accidents
If there is one group of professionals who know how to get victims paid after a car accident, it’s lawyers. Your car accident attorney can get you paid in one of a few ways. They may convince one or more insurance companies to provide you with a fair settlement during negotiations. They can file a lawsuit and secure a settlement from liable parties. Or they might take your case to court to obtain a favorable judgment at trial against the insurance company or liable party(s).
This might make it seem like getting paid after a car accident is simple. It’s not. You may face aggressive pushback from those who are liable for the collision. Your Gainesville car accident attorney will need to present a convincing case that includes evidence of negligence, proof of your damages, and a persuasive argument for why you should get paid a fair sum.
When You Want Fair Payment for Damages from a Car Accident, Hire a Lawyer
“Getting paid” after a car accident means the same thing as “getting justice.” Everyone deserves justice. The problem is that not everyone:
- Understands the laws and how they can get paid after a car accident
- Can recognize and defend themselves from insurance companies’ bad-faith strategies
- Can negotiate effectively with liable parties, including but not limited to insurance companies
If you want to get paid after a car accident, you should always hire a trusted car accident attorney to be your advocate. They will pursue the compensation you deserve, not leaving anything on the table. Hiring an attorney is the obvious answer.
What Makes a Lawyer’s Service So Valuable After a Car Accident?
When you have suffered an injury in a car accident you can have physical demands, cognitive burdens, and other challenges. Know an attorney can file an insurance claim or lawsuit. Car accident lawyers are uniquely qualified to represent victims of negligence like you because:
- They have the education: Like many professionals, attorneys gain valuable education and training during law school. This education enables them to understand the law, confidently negotiate, and handle the many other responsibilities that come with car accident cases.
- They are trained: Even after they receive multiple years of legal education, attorneys undergo further training, generally upon being hired by their firm. Great law firms ensure their lawyers have many resources—including access to senior attorneys, law libraries, and accident reconstruction experts—so they can become more effective in practice areas like car accident cases.
- They have experience: There is no substitute for real-world experience representing car accident survivors and clients affected by fatal traffic accidents. Your lawyer’s history representing other accident survivors will enable them to identify negligence, spot bad-faith tactics from liable parties, personalize a strategy that’s tailored to your case, and overcome challenges without breaking their stride.
- They bring resources: Your lawyer will not just bring the benefit of their legal education, training, and experience to your case. They may also bring third-party experts, savvy paralegals, and plenty of financial support for whatever other resources your case requires.
- They can sue: An experienced car accident lawyer will tell you that most cases like yours do not go to trial. That being said, filing a lawsuit can be an important step in a car accident case, and it’s a step that can lead to court. Attorneys are educated, trained, and experienced in the art of the lawsuit, so hiring a lawyer allows you to file a suit (should you elect to).
There is a reason why lawyers and car accidents have become synonymous. Many victims want justice—want to get paid what they deserve—but recognize there are often hurdles to clear before a fair financial recovery is possible.
Let your lawyer overcome any hurdles that may lie between you and the compensation you deserve. You should be resting.
Ways a Lawyer May Get You Paid After a Car Accident
Your attorney may have a few options for getting you paid after the collision. Some of the strategies that car accident lawyers may use are:
Filing a Claim with the At-Fault Party’s Insurance Provider
The majority of states require every motorist to have valid auto insurance. Though states differ in who is financially at fault for a given accident, many hold the at-fault motorist’s insurer responsible for the victim’s losses.
Filing a Claim with Your Insurance Provider
You may choose to file a claim with your own insurance provider, particularly if:
- The at-fault driver is uninsured
- The amount of coverage the at-fault driver has is less than the cost of your accident-related losses
- Other circumstances lead you to seek compensation from your insurer
Lawyers do not generally care who they seek compensation from. The most important consideration is that the accident survivor receives the compensation they deserve.
Suing Liable Parties (Then Settling)
Filing a lawsuit is an option to consider in many car accident cases. If suing one or more liable parties is a strategy worth discussing, trust your lawyer to bring it up. If you are curious about how lawsuits work or whether it’s a potential option in your case, go ahead and ask any prospective attorney about it.
In most cases, parties to a lawsuit can reach a settlement agreement. This may be the hope for your case, as settling is generally:
- Less costly than taking a case to trial
- Quicker than taking a case to trial
- Less uncertain than trial, in which many variables—including the judge and jury—fall outside of your and your attorney’s control
- Possible if all parties are negotiating in good faith
Your car accident attorney will keep you informed about your case strategy, progress during settlement negotiations, and the possibility that your case will require a trial.
Suing Liable Parties (Then Making Your Case in Court)
You might choose to file a lawsuit and then find that liable parties won’t settle for the amount of compensation you deserve. In these circumstances, your car accident attorney will likely:
- Discuss with you the potential pros and cons of going to trial
- Explain the potential timeline for a trial
- Ensure you have all the information you need to determine whether going to trial is the right decision
- Advance with the trial as soon as you’ve decided to do so, knowing that you want to resolve the case as soon as possible
Your attorney may even be excited to make your case in court, as this is their chance to prevail when the stakes are high and the lights are bright.
Why “Getting Paid” for a Car Accident Is Rarely as Simple as It Sounds
If all were fair in the world, insurance companies and other liable parties would simply hand accident victims the money they deserve without a moment’s delay. This is just not how car accident cases tend to work. It’s far more common that:
- There are disagreements about fault: Even in cases where it’s plainly obvious who caused the accident—like when a drunk driver runs a red light and blindsides a victim—there may be disagreements about who is at fault. These disagreements can be little more than negotiation tactics, but they can make your case more difficult than it should be.
- There are disagreements about the value of victims’ damages: Even if insurance companies or other liable parties agree about who is at fault for an accident, they may dispute the financial value of the victim’s accident-related losses. This, too, may be a negotiation tactic meant to save the liable party from financial losses they would rather avoid.
- Insurance companies engage in bad faith: Challenging fault and the value of the claimant’s losses can be bad-faith strategies by liable parties. Delays, claim denials, lowball offers, and intentionally difficult negotiations are some more bad-faith tactics you might encounter during a car accident case.
- The car accident survivor needs an advocate so they don’t compromise their health (or their case): In light of all the challenges you might face during a car accident case, you might quickly decide you need an advocate to fight for the compensation you deserve. It’s generally better to have such an advocate from the start, as even a seemingly minor mistake or roadblock can jeopardize your financial recovery.
Let a car accident lawyer protect you, support you, advise you, and help you get paid after a car accident. You do not need to concern yourself with any claims or lawsuits after an accident—your health and recovery should be your top priority.
What Does a Successful Car Accident Case Require?
Attorneys don’t simply demand compensation from insurance companies. They ultimately do that, but much more goes into a successful car accident case. Obtaining fair compensation for car accident victims typically requires:
Compelling Evidence of Negligence
It’s important to prove who caused your car accident. Once you understand who is at fault, you can determine who should cover your damages. Your attorney might prove the at-fault party’s negligence by:
- Having crash experts explain who is at fault for the collision
- Citing witness testimony about how the collision unfolded (from their perspective)
- Using your sworn testimony about how the accident happened
- Relying on direct evidence from the accident, such as video of the crash and photographs of the aftermath
Liable parties might claim that you are responsible for the collision. Compelling evidence of negligence will prove otherwise.
Clear Documentation of the Victim’s Accident-Related Damages
Your attorney will aim to prove who caused the accident and who should pay for your accident-related damages. It is then critically important to establish:
- Your injuries
- Your mental health difficulties
- Your economic damages
- Your non-economic damages
- How much compensation you deserve for your accident-related damages
Your legal team may use medical records, medical bills, expert testimony, financial statements, and other types of documentation to prove your damages and the cost of your case.
A Willingness to Fight for a Fair Settlement
An attorney must be ready and willing to fight for a car accident victim. Liable parties may require a fight, as they may not provide you fair compensation unless they’ve been thoroughly outmatched by your attorney.
“Fighting for you” can also mean taking your case to trial. Your attorney must be willing to do this, as not every liable party agrees to pay the accident victim fairly.
The Desire to Protect the Client (in Several Ways)
An attorney must also be:
- Wary of insurance companies
- Defensive against civil defense lawyers
- Familiar with the kinds of bad-faith tactics that can lead to a poor case outcome
- Proactive in protecting the client and their case from harm
With your attorney standing guard against attacks on your case, you should have far greater peace of mind about how the case will unfold.
Damages Many Car Accident Survivors Deserve Compensation For
Car accident survivors sometimes heal. Many never fully recover. Your attorney will compassionately determine what damages you’ve suffered because of the at-fault party’s negligence. These damages will dictate how much you should get paid after the crash.
Some common damages in car accident cases are:
- Medical costs
- Pain and suffering
- Mental health treatment (which costs money)
- Lost income
- Vehicle repair costs
- Temporary transportation costs
Survivors who suffer disabling injuries, incredibly debilitating forms of pain and suffering (like post-traumatic stress disorder), and other particularly challenging damages must get the compensation they deserve. Your lawyer will fight to ensure you’re fairly compensated for all the harm you’ve endured.
Now Is the Time to Find Your Car Accident Attorney
There is likely a deadline for filing your car accident case. You should not wait to retain your car accident attorney, as they will do everything in their power to file your case on time. If you miss the filing deadline you can be denied any claim for compensation.
Schedule a Free Consultation with A Trusted Car Accident Attorney
One of the key benefits of calling a car accident attorney early on is that many offer free consultations. This means you can discuss the details of your accident with an experienced professional, at no cost to you. The future of your case is in your hands for now. As soon as you hire an attorney, your financial future will be in their hands.