If you were injured, it is usually worth it. If nobody was injured and you are only sorting out vehicle damage, it usually is not, and it may even be difficult to find a lawyer who will take on an accident claim with no injuries and only minor vehicle damage. Published surveys put the gap in the total recovery received between people represented by a lawyer versus unrepresented at somewhere between three and four times. Read more for details.

What do the numbers say?

Two sources get quoted on this question, and they are the two worth knowing.

Martindale-Nolo surveyed people who had been through personal injury claims. Those who hired a lawyer recovered an average of $77,600. Those who handled their own claims recovered an average of $17,600. Even after a one third legal fee comes out of the represented figure, that still leaves roughly $51,700, which is close to three times what the unrepresented group averaged.

The Insurance Research Council, working from a much larger body of auto injury claims, found that represented claimants recovered about 3.5 times more than unrepresented ones. The same research found that roughly 85% of all the money paid out on bodily injury claims went to people who had representation.

One caveat worth stating plainly: neither of those studies randomly assigned lawyers to injured people, so some part of the gap reflects the fact that people with serious injuries are more likely to hire someone. The ratios are still large enough that the legal fee is nowhere near the deciding factor.

There is a third figure from the Nolo survey which is also important. Among represented claimants, 91% recovered something. Among unrepresented claimants, only 51% did. The data does not say if one group had more severe injuries than the other, but both groups made an effort to file an injury claim.

What does a lawyer do to change the number?

Briefly, because this has its own article: build the part of the claim that has no receipt attached, get the complete medical record in front of the adjuster instead of the summary, document lost earning capacity rather than just missed paychecks, negotiate down the liens and reimbursement claims that come out of your share, locate coverage you did not know you had, and carry the credible ability to file suit if the claim does not resolve.

Each of those is a specific piece of work with a specific effect on the final number, and how a personal injury lawyer increases your settlement walks through all six with an example.

When is it not worth hiring an accident attorney?

• Nobody was injured. Only vehicle damage. If insurance won't pay what you believe the vehicle is worth, you may need to file a claim yourself, but most accident lawyers won't take this type of case on a contingency basis.
• The policy limit has already been offered and there is nothing else available. If the at-fault driver carries $30,000, the insurer has put all $30,000 on the table, the driver has no assets worth pursuing, and you have no underinsured motorist coverage of your own, then there is no larger number for anyone to go get. Confirming this takes one phone call with a reputable injury law firm, and that call should be free.
• Your treatment is finished, the injury was minor, and the offer is genuinely reasonable.. Most people have no way to know whether an offer is reasonable, which is worth a conversation on its own with an experienced injury attorney.
• The fault is yours and the facts are not in dispute. California reduces your recovery by your own share of responsibility. A lawyer can argue about that percentage. Nobody can argue it down to nothing when the report, the physical evidence, and the witnesses all agree.

Outside of those four, if you were hurt, the arithmetic generally favors getting help.

What does a lawyer cost?

A percentage of the recovery and nothing up front. At Westwood Law the fee is 33-1/3% if the case settles before a lawsuit is filed and 40% after, with third party costs advanced by the firm and reimbursed out of the recovery at the end. If nothing is recovered, there is no fee.

A practical rule of thumb

No injury, minor vehicle damage, handle it yourself. If you received medical treatment, got transported by an ambulance, if there is a question as to who was at fault, or if the other driver's insurance limits are too low to cover what happened to you, in all of those situations, the claim has enough moving parts that a free consultation with an attorney is definitely recommended.

And whatever you decide, do not sign a release until you know what the claim is worth. That signature is the only step in this process that cannot be undone. One free conversation beforehand costs you nothing, and our car accident attorneys will tell you honestly if the answer is that you do not need us.