• I want to consult about a traffic accident in the Yaizu, Yoshida, Makinohara, Fujieda, and Omaezaki areas
• I want to know the benefits of hiring a lawyer for a traffic accident
• I received a settlement proposal from the insurance company but am unsure whether to accept it
• I want to know if I can use my lawyer's fee special clause for a consultation
• I want to know the right timing to hire a lawyer for a traffic accident

Are you troubled by issues like these in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or surrounding areas?
Yaizu Sogo Law Office offers a free initial legal consultation regarding traffic accident concerns. There is no obligation to retain our services after the initial consultation. We are also available on weekday evenings and Saturdays. Please feel free to contact us by phone or email.

Should You Hire a Lawyer for a Traffic Accident?

After being involved in a traffic accident, while dealing with the at-fault party's insurance company,

• "Should I just leave everything to the insurance company?"
• "Is the proposed settlement amount fair?"
• "Will hiring a lawyer end up costing more than I gain?"

— many people find themselves troubled by these questions.

In traffic accidents, various issues arise, including medical expenses, consolation money (isharyou), lost income, residual disability, and comparative negligence.

Even though the insurance company may appear to be handling things courteously, the insurance company is ultimately negotiating from the at-fault party's standpoint.

Therefore, the compensation amount initially offered is not necessarily sufficient for the victim.

The greatest benefit of hiring a lawyer for a traffic accident is that negotiations and procedures to obtain fair compensation can be pursued from the victim's perspective.

Benefit 1: Consolation Money May Be Increased

A major benefit of hiring a lawyer for a traffic accident is the possibility of an increase in consolation money.

There are mainly three standards for calculating consolation money in traffic accidents:

• Compulsory automobile liability insurance (CALI) standard
• Voluntary insurance standard
• Lawyer's standard / court standard

Among these, the CALI standard tends to produce the lowest amount, while the lawyer's standard tends to produce the highest.

The settlement amount offered by the at-fault party's insurance company is often lower than the lawyer's standard.

When a lawyer intervenes, negotiations are conducted based on the lawyer's standard used in courts, which may result in an increase in hospitalization/outpatient consolation money and residual disability consolation money.

In particular,

• Accidents involving a long outpatient treatment period
• Accidents resulting in residual disability
• Accidents involving serious injuries such as fractures
• Fatal accidents

— in such cases, whether or not you hire a lawyer can make a significant difference in the compensation amount.

Benefit 2: You Can Leave Dealings with the Insurance Company to Your Lawyer

After a traffic accident, despite being in a difficult period of receiving treatment and returning to work, you must handle communications and paperwork with the insurance company.

The insurance company will contact you regarding:

• Confirmation of treatment status
• Submission of lost income certificates
• Confirmation of medical certificates and medical fee statements
• Presentation of settlement proposals
• Explanation regarding comparative negligence

— and various other matters.

For victims, not knowing how to respond can become a significant emotional burden.

When you hire a lawyer, the lawyer serves as the point of contact for all dealings with the insurance company.

This makes it easier for victims to focus on their treatment and rebuilding their lives.

It is also important that having a lawyer helps prevent the insurance company from advancing discussions on unfavorable terms.

Benefit 3: You Can Respond to Termination of Medical Expense Coverage

During treatment for a traffic accident, the insurance company may tell you:

• "We will be ending the lump-sum payment arrangement for medical expenses soon."
• "We will terminate medical expense payments at the end of this month."

However, just because the insurance company says it will terminate medical expense coverage does not necessarily mean that treatment is no longer needed.

The necessity of treatment and the timing of maximum medical improvement should properly be determined based on the physician's judgment.

If you have hired a lawyer, the lawyer can request the insurance company to continue medical expense coverage based on the attending physician's opinion and the content of medical certificates.

Even if the lump-sum payment arrangement ends, you can organize future courses of action, such as continuing outpatient visits using health insurance, filing claims with the CALI, and pursuing subsequent damage compensation claims.

In situations involving termination of medical expense coverage, it is important to consult a lawyer as soon as possible.

Benefit 4: You Can Prepare with an Eye Toward Residual Disability Grade Certification

When symptoms remain after a traffic accident, residual disability grade certification becomes extremely important.

If a residual disability grade is certified, you may be able to claim:

• Residual disability consolation money
• Residual disability lost future earnings

Depending on whether a residual disability grade is certified and the level of the grade, the compensation amount can differ by millions of yen.

However, residual disability certification is not granted simply by claiming that 'pain persists.'

Factors such as outpatient visit history, consistency of symptoms, imaging findings, neurological examinations, and the content of the residual disability medical certificate are important.

By consulting a lawyer at an early stage, you can consider:

• What documents are necessary
• What to be aware of before maximum medical improvement
• What items should be included in the residual disability medical certificate

In cases where residual disability is likely to become an issue, it is advisable to consult a lawyer before maximum medical improvement rather than at the settlement stage.

Benefit 5: You Can Properly Contest Comparative Negligence

In traffic accidents, comparative negligence can become a major point of contention.

Comparative negligence refers to the ratio indicating the degree of responsibility each party bears for the accident.

For example, even if the total damages amount to 3 million yen, if the victim is found to be 30% at fault, the compensation amount will be significantly reduced.

The comparative negligence ratio proposed by the insurance company is not necessarily correct.

Depending on the circumstances of the accident, it may be necessary to contest the comparative negligence ratio after verifying:

• Dashcam footage
• On-site investigation reports
• Property damage accident reports
• Vehicle damage conditions
• Road conditions
• Presence of traffic signals and stop sign regulations

By hiring a lawyer, you can assert a fair comparative negligence ratio based on standards such as the Bessatsu Hanrei Times and court precedents.

Benefit 6: You Can Properly Claim Lost Income and Homemaker Lost Income

If you missed work due to a traffic accident, you may be able to claim lost income.

In addition, not only office workers but also homemakers (both wives and husbands) who perform household duties may be entitled to lost income compensation if their household work was impaired.

However, in negotiations with the insurance company, lost income may be offered at a low amount based on reasons such as:

• Necessity of the absence from work
• Insufficient income documentation
• Degree of impairment to household work
• Relationship between outpatient visit days and days absent from work

With a lawyer's involvement, income documents, employer records, and circumstances as a homemaker can be organized, making it easier to claim appropriate lost income.

In particular, homemaker lost income, self-employed lost income, and lost income for those with dual employment tend to involve complex calculations and proof, requiring specialized review.

When to Hire a Lawyer

In most traffic accident cases, it is better to consult a lawyer sooner rather than later.

Early consultation is especially recommended in the following situations:

• The insurance company has told you it will terminate medical expense coverage
• Your symptoms are persisting
• You are likely to have residual disability
• You have received a settlement proposal from the insurance company
• You are not satisfied with the proposed comparative negligence ratio
• Your lost income claim has not been adequately recognized
• Dealing with the insurance company has become burdensome

Of course, it is also possible to consult a lawyer after receiving a settlement proposal.

However, once you sign a settlement agreement, you generally cannot request an increase afterward.

Therefore, we recommend consulting a lawyer at least before signing a settlement agreement.

Attorney's Fee Special Clause Can Reduce Your Cost Burden

One reason people hesitate to hire a lawyer for a traffic accident is the cost of legal fees.

However, if your automobile insurance or fire insurance policy includes a 'lawyer's fee special clause,' the legal fees may be covered by your insurance.

Generally, the insurance company will cover legal consultation fees and attorney's fees up to a certain amount.

Using the lawyer's fee special clause typically does not affect your insurance premium rating for the following year.

In addition, you may be able to use a special clause attached to the insurance of a family member living with you or an unmarried child living separately.

If you have been involved in a traffic accident, we recommend first checking whether your own or your family's insurance includes a lawyer's fee special clause.

Can Hiring a Lawyer Result in a Net Loss?

Depending on the nature of the accident, hiring a lawyer may result in only a small increase, potentially leading to a net loss after legal fees. For example:

• Cases involving only property damage with a small amount of damages
• Cases involving minor injuries with a short treatment period
• Cases with few disputed issues

— in such situations, the economic benefit of hiring a lawyer may not be significant when considering legal fees.

However, if you can use the lawyer's fee special clause, the concern about a net loss is greatly reduced.

Whether a net loss may occur depends on the specifics of the accident and the availability of insurance.

Consulting a lawyer does not mean you are obligated to retain one.

The important first step is to confirm whether there are benefits to retaining a lawyer.

Summary

The benefits of hiring a lawyer for a traffic accident go beyond just the possibility of increased consolation money.

There are numerous advantages, including being able to leave dealings with the insurance company to the lawyer, responding to termination of medical expense coverage, preparing with an eye toward residual disability grade certification, and properly asserting comparative negligence and lost income claims.

In particular, for accidents where residual disability may remain or where you are not satisfied with the amount proposed by the insurance company, consulting a lawyer is especially important.

Since it is generally difficult to redo a settlement after it has been finalized, if you have any concerns about a traffic accident, we recommend consulting a lawyer before signing a settlement agreement.

Frequently Asked Questions

The Initial Legal Consultation for Traffic Accidents at Yaizu Sogo Law Office Is Free of Charge

Yaizu Sogo Law Office provides a free initial legal consultation regarding traffic accidents.

We handle all traffic accident-related legal matters, regardless of severity or whether they involve property damage or personal injury. If you are feeling stressed by dealings with insurance companies, or if you want to know whether the amount offered by your insurance company is fair, please do not hesitate to consult with us.

Yaizu Sogo Law Office is available not only during regular weekday hours but also on weekday evenings and Saturdays. Please contact us by phone or email to schedule a legal consultation.

Are You Troubled by a Traffic Accident?

• Settlement Offers from Insurance Companies Are Almost Always Low
• The Insurance Company Said They Would Cut Off My Medical Expenses
• Dissatisfied with the Fault Ratio
• When and How to Consult a Lawyer About a Traffic Accident
• What Claims Can Be Made in a Personal Injury Accident?
• What Claims Can Be Made in a Property Damage Accident?
• What You Need to Know About Whiplash
• Traffic Accidents and Health Insurance
• Procedures and Steps to Follow After a Traffic Accident
• Fault Proportions Between a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
• Diminished Value (Loss of Market Value)
• Amount Claimable from the Other Party When Personal Injury Protection Insurance Was Used Prior to the Claim for Damages Against the Other Party
• Free legal consultation is available for traffic accidents
• Filing a Victim's Claim with Compulsory Automobile Liability Insurance (CALI)
• Lost Wages for Salaried Employees (Wage Earners) in Traffic Accidents
• Understanding a Company's Losses When Employees Are Killed or Injured in a Traffic Accident
• Finding the Court with Jurisdiction over Traffic Accident Lawsuits
• Want to Know Whether You Can Offset the Other Party's Damages Against Your Own in the Same Traffic Accident
• The at-fault party refuses to use their voluntary automobile insurance. What should I do?
• I was seriously injured in a traffic accident in June 2017, before the enforcement of the amended Civil Code (April 1, 2020). Three years have passed (but less than five years) since I completed my treatment. Is the statute of limitations still valid?
• How to Identify a Hit-and-Run Driver from a Vehicle License Plate Number
• Methods of Dispute Resolution in Traffic Accidents
• What You Need to Know About Medical Commuting Transportation Expenses
• How to Find the Insurance Company of the At-Fault Driver in a Traffic Accident
• Understanding Workers' Compensation Insurance in Traffic Accidents (Leave Compensation)
• How Much Is the Standard Compensation for a Traffic Accident?
• What Is Residual Disability Grade Certification in Traffic Accidents?
• How Much Compensation Can You Get for Whiplash from a Traffic Accident?
• Benefits of Hiring a Lawyer for Traffic Accidents
• Key Points When Dealing with Insurance Companies After a Traffic Accident
• How to Calculate Lost Income from a Traffic Accident
• The Relationship Between Number of Hospital Visits and Compensation for Pain and Suffering in Traffic Accidents (Key Considerations When Visit Frequency Is Low)
• What Is Maximum Medical Improvement (MMI) After a Traffic Accident?
• How to Use Lawyer Fee Special Coverage for Traffic Accidents?
• How to Handle a Traffic Accident When the At-Fault Driver Has No Insurance
• Damages in Bicycle Accidents
• Claiming Compensation When a Passenger Is Injured in a Traffic Accident
• Do You Have to Pay a Traffic Fine for a Burned-Out Brake Light?
• "I Said I Would Pay the Full Repair Cost" in a Bicycle Accident
• If Repair Costs Exceed Your Car's Market Value After a Traffic Accident, Can You Still Recover the Full Amount?
• Can a Car Proceed if a Pedestrian Yields at a Crosswalk?
• What Are "Replacement Incidental Costs" When a Vehicle Is Totaled in a Traffic Accident?
• What Damages Can Be Claimed When a Family Member Dies in a Traffic Accident?

See all articles on traffic accidents