Accidents happen in an instant, and afterward, it’s normal to wonder what steps to take next. One of the first questions many people ask is, “Do I need a lawyer?” The truth is, not everyone needs a personal injury attorney after an accident. Many cases can be handled without legal help.
At Cellino Law, we’ve spoken with thousands of people across New York after accidents. Not everyone who calls us ends up needing legal representation, and that’s okay. Our goal is to make sure you have the information you need to make the right decision for your situation. Here are five situations where you may not need a personal injury attorney:
When the Accident Was Your Fault
If you were responsible for causing the accident, a personal injury attorney usually can’t help you pursue a claim. Personal injury claims are meant for people harmed by someone else’s negligence.
New York’s comparative fault law offers protections for those partially at fault, but if you’re entirely responsible, your insurance policy provides defense coverage. That means your insurer will handle negotiations and pay damages up to your coverage limits. If liability questions arise, an attorney hired by your insurance company will represent you.
When There Was Only Property Damage
Not every accident causes injuries. If the only damage is to your car or property, and no one was hurt, you typically don’t need a personal injury lawyer. Property-only accidents are usually handled directly through insurance claims. For example, if you backed into a parked car and only the bumper was damaged, your insurance company would process the claim. In these situations, hiring a personal injury attorney usually isn’t necessary.
When Your Injuries Are Minimal or Nonexistent
If you walked away with no injuries or only minor ones that required no ongoing treatment, there may be little to pursue in a personal injury case. For instance, if you were cleared at urgent care and didn’t need follow-up treatment, your damages are minimal.
Personal injury claims are designed to help people recover costs for serious medical care, lost wages, and long-term effects. If these don’t apply, you can usually move forward without an attorney.
When You’re Comfortable Handling the Claims Process Alone
Some people prefer to manage the claims process themselves. If the accident is straightforward, your injuries are minor, and the insurance company is cooperative, you might feel confident handling paperwork and communications on your own. Filing claims, gathering receipts, and negotiating a small settlement may be something you can manage independently.
However, insurance adjusters are trained to protect their company’s bottom line. If you feel unsure or pressured at any point, you can always reach out to a personal injury attorney. As long as you haven’t accepted the insurance company’s offer, an attorney can often help negotiate a higher settlement.
When the Act Was Considered Criminal, Not Civil
Some accidents involve criminal law rather than civil personal injury law. For example, if someone intentionally harms another person, such as in an assault, the matter is criminal. While a separate civil claim may follow, the immediate steps are handled by police and the criminal courts—not a personal injury attorney.
Not Sure If You Have A Case? Call Us.
Even in situations where hiring a lawyer isn’t strictly necessary, many people still reach out to us for reassurance. Accidents are stressful, and it can be difficult to know right away whether your case is simple or if complications might develop. Sometimes what looks like a minor injury becomes more serious over time. Other times, insurance companies that seem cooperative at first later delay or minimize payments.
That’s why we encourage people to call, even if they think they might not need representation. At Cellino Law, consultations are free, and we’ll give you an honest answer about whether you actually need a lawyer. If you don’t, we’ll tell you.
When You Should Consider Calling an Attorney
While this article focuses on situations where a lawyer may not be needed, there are times when having one makes a real difference. You should consider contacting a personal injury attorney if:
- You suffered serious injuries
- Your medical treatment is ongoing or costly
- Fault in the accident is disputed
- The insurance company denies or delays your claim
- You’re unsure what a fair settlement looks like
These are the types of cases where an experienced personal injury attorney can have a significant impact. The attorneys at Cellino Law are ready to listen, answer your questions, and step in if needed. Contact us today at 888-888-8888 or online for a free consultation with a member of our legal team.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.