What a Car Accident Attorney Does — And How Firms Like Sweeney Merrigan Fit Into the Claims Process
When people search for a specific law firm by name after a car accident, they're usually trying to understand two things at once: what this type of attorney actually does, and whether getting legal help makes sense for their situation. This article explains how car accident attorneys generally operate, what the legal process looks like, and what factors shape whether — and how — an attorney gets involved.
What Car Accident Attorneys Generally Do
Personal injury attorneys who handle car accident cases typically work on a contingency fee basis. That means they don't charge upfront — instead, they collect a percentage of any settlement or court award, commonly ranging from 25% to 40% depending on the complexity of the case and whether it goes to trial. If there's no recovery, there's generally no fee.
Within a car accident claim, an attorney typically handles:
- Gathering and preserving evidence (police reports, photos, witness statements, surveillance footage)
- Communicating with insurance adjusters on the client's behalf
- Obtaining and reviewing medical records to document injuries
- Calculating damages — both economic and non-economic
- Drafting and sending a demand letter to the at-fault party's insurer
- Negotiating settlements or, if necessary, filing a lawsuit and litigating
The attorney's role isn't just legal — it's also procedural. Insurance companies have experienced adjusters and legal teams. An attorney familiar with car accident claims knows how those processes work and what documentation supports a stronger claim.
How Fault and Liability Are Determined
Fault determination shapes everything in a car accident claim. Most states use some form of comparative negligence, which means fault can be split between parties — and your compensation may be reduced by your percentage of fault.
There are two main systems:
| System | How It Works | States |
|---|---|---|
| Pure comparative fault | You can recover even if 99% at fault, but damages are reduced proportionally | CA, NY, FL (partial) |
| Modified comparative fault | You can recover only if your fault is below a threshold (usually 50% or 51%) | Most U.S. states |
| Contributory negligence | Any fault on your part can bar recovery entirely | AL, MD, NC, VA, DC |
Police reports often factor into fault determinations, but they're not automatically conclusive. Insurers conduct their own investigations, and findings can differ from what's in an official report.
No-Fault vs. At-Fault States
🔍 Whether you live in a no-fault or at-fault state significantly affects who pays for what — and when an attorney typically becomes necessary.
In no-fault states (such as Michigan, New York, Florida, and others), each driver's own Personal Injury Protection (PIP) coverage pays for their medical expenses and a portion of lost wages, regardless of who caused the crash. Suing the other driver is only permitted after crossing a defined tort threshold — either a dollar amount in medical bills or the presence of a serious injury.
In at-fault states, the injured party files a claim against the driver who caused the accident. This is where fault determination, liability coverage limits, and negotiation play a larger role from the start.
What Damages Are Typically Recoverable
Car accident claims generally seek compensation in two broad categories:
Economic damages — Measurable financial losses:
- Medical expenses (emergency care, surgery, therapy, future treatment)
- Lost wages and reduced earning capacity
- Property damage and vehicle repair or replacement
Non-economic damages — Harder to quantify:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Some states also allow punitive damages in cases involving gross negligence or intentional misconduct, though these are less common in standard car accident claims.
Settlement amounts vary enormously based on injury severity, liability clarity, available insurance coverage, and jurisdiction. There's no universal formula.
Insurance Coverage Types That Affect Claims
| Coverage Type | What It Covers |
|---|---|
| Liability | Injuries/damages you cause to others |
| PIP / MedPay | Your own medical costs, regardless of fault |
| Uninsured Motorist (UM) | Your losses when the at-fault driver has no insurance |
| Underinsured Motorist (UIM) | Your losses when the at-fault driver's coverage isn't enough |
| Collision | Damage to your own vehicle |
Subrogation is another term worth knowing — it refers to your insurer's right to seek reimbursement from the at-fault party's insurer after paying out your claim.
Timelines and the Statute of Limitations
⏱️ Every state sets a statute of limitations — a deadline to file a personal injury lawsuit. These deadlines vary by state, typically ranging from one to six years, with most states falling somewhere in the two-to-three-year range. Missing this deadline generally means losing the right to sue, regardless of how strong the case might otherwise be.
Claims themselves — separate from lawsuits — often move on a different timeline. Straightforward property damage claims may resolve in weeks. Injury claims involving ongoing treatment, disputed liability, or significant damages can take months to years.
Why Treatment Documentation Matters
Medical records are foundational to an injury claim. Gaps in treatment, delays in seeking care, or inconsistencies between reported symptoms and documented visits can be used by insurers to challenge the severity or causation of injuries. Consistent, well-documented medical care — from ER visits through follow-up and specialist treatment — creates the paper trail that supports a damage calculation.
What Shapes the Decision to Hire an Attorney
People commonly seek legal representation in car accident cases when:
- Injuries are serious or long-term
- Liability is disputed between parties
- An insurer denies or significantly undervalues a claim
- Multiple parties are involved
- A government entity or commercial vehicle is at fault
- The at-fault driver was uninsured or underinsured
The nature of the accident, the state where it occurred, the insurance policies involved, and the specific injuries sustained all affect how an attorney's involvement might change the outcome — and whether representation makes practical sense given the size of the potential claim versus the contingency fee.
Those variables aren't universal. They're specific to each person's situation, coverage, and jurisdiction.
