When people search for a specific car accident law firm by name, they're usually already past the early stages of the post-accident process. They've dealt with the immediate fallout — the crash, the injuries, the insurance calls — and now they're trying to understand whether legal representation makes sense and what that actually involves. This article explains how car accident attorneys generally operate, what they do, and how the factors in any given case shape what legal involvement looks like.
A personal injury attorney handling a car accident case typically takes on several distinct functions:
Most car accident attorneys work on a contingency fee basis, meaning they collect a percentage of any recovery rather than charging hourly rates. That percentage commonly ranges from 25% to 40% depending on whether the case settles before or after litigation, though this varies by firm and jurisdiction.
The value of legal representation often depends heavily on how fault is determined — and that process differs significantly by state.
| Fault Framework | How It Works | States That Use It |
|---|---|---|
| Pure comparative negligence | You can recover even if mostly at fault; damages reduced by your percentage | CA, NY, FL (for most claims), and others |
| Modified comparative negligence | Recovery barred if you're 50% or 51% or more at fault (threshold varies) | Most U.S. states |
| Contributory negligence | Any fault on your part can bar recovery entirely | MD, VA, NC, AL, DC |
| No-fault | Your own insurer pays certain losses regardless of fault; lawsuits limited unless injury meets a threshold | FL, MI, NY, NJ, PA, and others |
In no-fault states, Personal Injury Protection (PIP) coverage pays for medical expenses and lost wages up to policy limits without requiring you to prove the other driver was at fault. Stepping outside the no-fault system to sue typically requires meeting a tort threshold — either a dollar amount in medical bills or a severity-of-injury standard, depending on the state.
Car accident claims generally involve two broad categories of damages:
Economic damages — losses with a specific dollar value:
Non-economic damages — losses without a fixed price:
Some states also allow punitive damages in cases involving extreme recklessness or intentional conduct, though these are far less common.
The total value of any claim depends on the severity of injuries, how clearly liability is established, what insurance coverage is available, and how well damages are documented. Treatment records are particularly important — gaps in care or delayed treatment can be used by insurers to challenge whether injuries were caused by the accident.
Most car accident claims involve at least one of the following coverage types:
When medical bills are paid by health insurance or PIP, those insurers may have a subrogation right — meaning they can seek reimbursement from any settlement you receive. Managing those liens is often part of what a personal injury attorney handles during the resolution of a claim.
There's no universal answer, but claims generally move through predictable stages:
Statutes of limitations — the deadline to file a personal injury lawsuit — vary by state, typically ranging from one to six years, with two or three years being common for auto accident claims. Missing that deadline generally bars the claim entirely, regardless of its merit.
Depending on the state and the nature of the accident, there may be separate obligations beyond the insurance claim:
These administrative steps run parallel to the civil claims process and can affect insurance rates and driving privileges independently of any settlement or lawsuit.
No two car accident cases resolve the same way. The variables that determine what legal involvement looks like — and what a claim is ultimately worth — include:
A firm like King Aminpour operates within this broader framework — but how any specific case unfolds depends entirely on the facts, the jurisdiction, and the coverage at play.
