I hear this question from people all the time. The answer, of course, depends upon the facts and circumstances of each case. As a lawyer who tries to help people make that decision on a daily basis, I look for some very basic issues.

First, who is at fault? If the other party involved is at fault, then you might need a lawyer.

If any accident, not just a car accident is your own fault, you will perhaps need a lawyer to defend you from a civil or criminal action. If you have insurance coverage, through an automobile policy, a homeowner’s policy or an umbrella policy, the insurance company may hire a lawyer to defend you in civil court. If you are at fault in an accident, or if you later receive any notice of a civil lawsuit against you, you should definitely notify your insurance company at once.

If you were not the one at fault, do you need a lawyer?

You may not need a lawyer, but most personal injury lawyers, including myself and the lawyers in our office will consult with you, in person or over the phone, and the initial consultation is always free to you.

So should you hire a lawyer? I can’t tell you for sure until I hear all of the details of your case, but I would definitely tell you to consult with a lawyer, so long as that lawyer does not charge for the initial consultation – most lawyers do not.
When should I hire a lawyer? Again, it is hard to generalize and give an answer that fits every situation, but typically the sooner you consult with a lawyer the better off you will be.. .

I say this without hesitation in personal injury cases because I have seen what large, well organized companies and insurance carriers do in response to the news that someone has been gravely injured or killed in an accident – they react immediately. In the cases of trucking companies, I have personally seen lawyers and private investigators and accident reconstruction experts crawling all over an accident scene while the victims of that accident are literally still in the hospital and before families of the victims have had time to bury their loved ones.

So, while you might be trying to deal with the trauma and shock of a serious injury, the company on the other side, or its insurance company may have already hired its own lawyer, and its own experts to prepare for their defense in court.

It is also important to quickly consult with a lawyer after any injury involving roadway collisions as the evidence will be quickly removed from an accident scene, and in some instances permanently lost or destroyed as soon as the roadway is cleared and traffic resumes. Examples include skid marks which fade with each passing rain storm. Skid marks often are key evidence in determining speed and direction of travel.

Examples include skid marks which fade with each passing rain storm. Skid marks often are key evidence in determining speed and direction of travel.

Broken glass, plastic or other part of automobiles and trucks and the position in which they are found on the roadway or along side the road can provide critical evidence as to the point of impact between the two vehicles. In cases of head on collisions where both parties will claim the other crossed over the middle line of the road, point of impact can be the most critical issue in the case and the evidence that helps prove point of impact can be brushed away by police, or destroyed by regular traffic that is allowed to resume using the roadway.

Gouges in the pavement can also help determine point of impact, and may last longer than other evidence, but can also be difficult to connect to the accident after the passage of time. If the road is repaved or repaired, this evidence will most likely be destroyed.

The condition of the vehicles themselves is critical evidence to review during an accident investigation, and if you delay in consulting with an attorney, this evidence too can be destroyed through repair efforts. .

These are only a few examples of situations in which quickly consulting a lawyer may make the difference between successfully retaining the evidence necessary to later prosecute your lawsuit and missed opportunities based upon lost or destroyed physical evidence.

So, when people ask, When should I hire a lawyer, my answer is always, it depends, but you should definitely consult with a lawyer, as soon as possible in the event you or a loved one has been injured or if the situation involves the loss of life. The outcome of such a case could ultimately depend upon the timing of that first call to your lawyer.