WHEN TO HIRE AN ATTORNEY IN PERSONAL INJURY CASES
Personal injury cases involve a variety of scenarios. Accidents can occur in retail stores,
automobile accident, a neighbor’s yard, a construction site and various other
locations. Once the accident occurs, the question is what to do next. Injuries can range from death, to severe or
be minor in nature. Some injuries take
time to heal, while others may require complicated surgical procedures.
Generally, minor personal injury claims can be settled
without a lawyer. Serious injury cases are more complicated and require
additional time to investigate the cause of the injuries as well as all
potential claims against the offending party.
Knowing what you will be up against is the first step in
determining whether or not to seek an attorney with the skill and expertise to
handle a personal injury matter.
1. THE INSURANCE
COMPANY
Usually, when making a claim against the at- fault party,
you will typically deal with an insurance company. If there is no disputing liability of the
offending party, you will most likely negotiate a settlement with the insurance
adjuster directly. Insurance adjusters
have a set formula they use to calculate payments for basic personal injury
claims. Although adjusters have some
discretion, settlement amounts are based on reasonable medical and chiropractic
costs, out-of-pocket expenses, and lost wages. Discretion comes into play when
negotiating pain and suffering compensation. That amount can be anywhere from
1.5 - 4 times the total medical bills.
However, if there is a dispute as to how the accident
occurred and more specifically, who is at fault for your injuries, it becomes a
much more complicated ordeal. Insurance
adjusters are trained to “handle” unrepresented claimants. Adjusters typically offer unrepresented
claimants small settlement amounts in exchange for a full release. The
point is to resolve the claim quickly, to avoid litigation. In turn, Insurance adjusters want to get your
signature on a release AS SOON AS POSSIBLE.
2. THE DECISION TO
SEEK HELP FROM AN ATTORNEY
There are several considerations you must take into account
before hiring an attorney.
A. Can I Manage The Process?
Handling a personal injury matter takes time and
patience. Not only do you have to seek
the appropriate medical treatment, you may have to be absent from work, manage
the incoming medical expenses, and negotiate your claim. This can be very stressful if not
overwhelming for the inexperienced. If you decide to hire an attorney on a
personal injury claim, the attorney will represent your interests and
communicate directly with the insurance company. Whether your damages involve personal injury,
loss wages, and/or property damage, an attorney can assist in navigating the issues
of your claim. The end result will be reduced stress to you,
and let you focus on regaining your health and wellbeing from this traumatic
event.
B. What Are My Damages and What Am I Entitled
To?
Depending on your specific facts, the damages you are
entitled to may range from nominal to substantial. The types of compensation
that you are entitled to can include, medical expenses (past and future), loss
wages, pain and suffering, property damage, loss of consortium and
relationship, and various other measures of damages. Knowing what you are entitled to may be very
simple. However, complex personal injury
cases typically involve multiple facets of damages. The decision to seek assistance can mean the
difference between receiving a nominal settlement and a substantial one.
C. Do I
Need To File a Lawsuit?
This is always the big question on a personal injury
claim. Many factors must be taken into
consideration in making this decision. Litigation is very expensive and time
consuming. Filing fees have increased in the last few years. Most injured
parties don’t have the financial means to pay the costs associated with
obtaining a report from a medical expert or an accident reconstructionist. In addition to the cost is the time a suit
can take. Attending hearings is necessary and required if litigation is in
place. This takes time away from either
your work or medical recovery. Not to mention
that the knowledge of the law is necessary to properly litigate a case. Most
people are overwhelmed by the court rules and procedures. Even if you end up in small claims court, the
system will eat up pro se
(unrepresented) litigants. Their cases are often dismissed for failure
to comply with the rules.
3. HOW AN ATTORNEY
CAN HELP YOU
A personal injury claim is a new and frustrating experience
for most people. Your attorney will be
with you every step of the way to advise you on all important matters involving
your case or claim. You will have
someone to contact who can answer your questions and to advise you along the
long and cumbersome process of your claim or lawsuit. Most importantly, your attorney will
negotiate for you and should seek the what you are entitled to, not what the
insurance carrier wants to pay. The
hammer that the attorney has on a personal injury claim is that he can file
suit causing the adverse insurance carrier to spend time and money to defend
it. The layperson is not capable of
putting this pressure on an insurance carrier. Therefore, the claimant will
have much less negotiating power with the involved insurance company.
Serious injury cases need a serious attorney. Should you decide to seek an attorney, call
for a free consultation to discuss the facts of your case.
