Accidental injuries cause nearly 40 million people to visit emergency rooms across the country each year in the United States. Injury victims can experience serious injuries and losses, and they can face struggles for weeks, months, or years to come.
One common question that injury victims often have is: when is it time to hire a personal injury attorney? Some people choose not to do so and make the mistake of filing a personal injury claim on their own. Unfortunately, this is what insurance companies want accident and injury victims to do.
Have you suffered injuries in an accident and want to know when you should hire a personal injury attorney? If so, then you’ve come to the right place. Below, you’ll find out when to hire a personal injury attorney for your case.
Insurance Companies Expect You to Do It Alone
Just because you can handle your own personal injury claim without hiring an attorney doesn’t mean you should. In fact, representing yourself is strongly advised against for a variety of reasons.
Insurance companies employ a large team of adjusters who have significant experience navigating the injury claim process. When you go in alone with a claim, adjusters know that you are more vulnerable than represented claimants, and they are ready to use tactics to minimize your settlement payment.
When you put a lawyer in your corner, this shows any insurance company that you mean business and are ready to fight for your fair compensation.
Medical Bills Can Pile Up
Anyone that has never been to the hospital knows how easy it is to completely underestimate your medical bills. Diagnostic imaging tests alone can cost more than $4,000, which is more than what some Americans make in a single month.
Even if you sustain minor injuries from your accident, medical bills can still pile up significantly. Now imagine how much money you will spend on hospital bills if your injuries are severe. For example, if you suffered a broken leg, fractured ribs, and a concussion, you may need several hospital procedures, scans, and maybe even surgery to achieve a full recovery.
When it’s all said and done, you could end up spending more than $50,000. For permanent injuries, your hospital bills can skyrocket past $100,000 up to $1 million in some cases. Ignoring these costs can put you into debt, which can be devastating, considering that most accident victims already suffer from lost wages and other losses.
You want to make sure that the insurance settlement you receive is high enough to cover all of your past and future medical expenses, among other losses, and that becomes difficult if you don’t have an attorney present. Hire a personal injury lawyer today to have the best chance at receiving your fair settlement to cover your medical bills and more.
Rehab Bills Can Pile Up
More often than not, once you suffer certain traumatic injuries in an accident, you may need to undergo rehabilitation sessions to fully regain your motor skills necessary to live a normal life and eventually go back to work. Rehabilitative therapy can be costly, and it can cause the bills for even relatively minor injuries to add up quickly.
Rehabilitative therapy is often necessary for accident victims to improve their condition so they can get back to their normal lives and jobs. Even if you submit rehabilitation bills as part of your insurance claim, the adjuster might still present you with a low settlement offer or deny your claim altogether for a variety of reasons. If you see hefty rehab bills, don’t hesitate to call a professional injury attorney. This way, you can receive fair compensation for your injuries to get your life back on track.
You May Never Be the Same Again
Serious accidents can cause permanent injuries that can forever alter your life. Needless to say, if you have permanent impairments or disabilities, it might be difficult to enjoy life like you once did. You may confine you to a wheelchair or might need other adaptive devices, which can cause you to relearn your usual daily activities.
Maybe you can’t earn a living and do the work you once loved. Permanent injuries derived from serious accidents can also impact your ability to meet the responsibilities you have. If you have children, monthly bills, and other responsibilities (like taking care of your parents, etc.), you can no longer fulfill these commitments. Whatever the case may be, serious accidents and injuries may cause you to never be the same again.
This is another reason why it’s essential to hire a personal injury attorney. Part of your claim is supposed to cover your medical bills and other related expenses. Another part is supposed to lessen your burden and make it easier to create newer accommodations in your life.
Granted, money might not make it easier for you to mentally cope with the devastating effects of your accident and injuries. However, it’ll allow you to at least mitigate some of the financial difficulties you’re bound to encounter, and that can improve your quality of life.
Your Loved Ones May Have Injuries
Did you have a loved one who also suffered injuries in your accident? Was this loved one a minor, such as your child? If this is the case, then hiring a personal injury attorney is definitely in your best interest.
On top of your medical bills, you’ll also be responsible for paying the medical costs of your loved one. If someone else caused the accident that injured both of you, then you should file a personal injury claim with the help of a lawyer to seek compensation for both of your losses.
Getting the full amount for the losses of both you and your child is essential, and you want an experienced attorney who can represent both of your rights and interests. Claims involving injuries to children can be complex, especially if your child might suffer lasting effects of the injuries. You want a legal team on your side who can handle this type of case.
You’re Experiencing Significant Pain and Suffering
One of the most serious and heartbreaking aspects of an unexpected accident is the amount of pain and suffering involved. If you suffered broken bones, spinal injuries, head injuries, or any other injury that requires surgery or has lasting effects, then you may experience significant pain and suffering. Contact a personal injury attorney immediately.
Depending on your time of recovery, you could suffer a lot of pain from your injuries for several weeks and even months or beyond. This can cause you to suffer for a great deal of time, even with hospital care and ongoing treatment.
Pain and suffering from serious accidents can complicate an insurance claim. This is because there is no dollar amount automatically attached to pain and suffering, such as with medical bills. If you suspect that intangible losses like pain and suffering might be a substantial part of your damages, you want the help of a lawyer to recoup losses sustained from your pain and suffering.
You Suffered a Permanent Disability or Disfigurement
If you recently suffered injuries in an accident and ended up with a permanent disability or disfigurement, your entire life will change.
The following are some common disabilities that can result from severe injuries:
- Paraplegia (paralysis of the lower legs and body) or quadriplegia (paralysis of all four limbs and the abdomen)
- Long-term cognitive, physical, or behavioral impairments from a brain injury
- Loss of limbs or extremities
All of these disabilities can change the way you live your life and work. After a sudden incident, many people with new disabilities suddenly cannot work and have no means to provide for themselves or their households financially. With the potential need for lifelong medical care, the financial costs of permanent injuries can overwhelm them.
Having a permanent disability or disfigurement makes it more important for you to fight for full compensation for your injuries, as it might be a substantial amount. This way, it can help to provide for yourself and your family in the absence of a job. Calculating long-term losses can be challenging, so you want to work with an attorney who regularly handles claims involving severe and permanent injuries.
You Aren’t Sure Who Was at Fault
If you aren’t sure of who was at fault for your accident, then you should consult a personal injury attorney immediately. Some people might assume an accident was their fault—or no one’s fault—so they assume they do not have the right to file a personal injury claim.
The problem is that, again, this is what an insurance company wants. If you do not file an insurance claim, the insurance company will certainly not come to chase you down to give you a settlement. You need to determine your rights following an injury, especially if you are unsure who was to blame.
An insurance company will not stop you from taking most of the fault for your accident, even if it is not accurate. Some people might know deep down that they weren’t at fault, but they don’t want to face the anxiety of going toe-to-toe with a prominent insurance company.
Don’t fall into this trap! Schedule an initial consultation with an attorney who can evaluate your options so you can be sure whether or not you have a case. This is a better move than simply wondering whether you made the right decision by foregoing an insurance claim.
Multiple Parties Were Involved
Were multiple parties in your accident? If so, this means that more than one party may have been responsible for causing your injuries. Your lawyer can determine all potentially liable parties to receive the maximum amount of recovery you deserve.
Some liable parties for accidental injuries might include:
- Drivers
- Business owners or management
- Employers of negligent employees
- Product manufacturers
- Property owners
- Medical professionals
Personal injury attorneys can help identify other major parties that played a role in your accident. This is an area where you might face challenges if you plan on representing yourself. It can be difficult to not only identify all liable parties but also manage insurance claims against all of them, some of which might be large companies.
On your own, you may not prove that a third-party played a role in your accident. Doing so can involve complex legal principles, such as respondeat superior, which holds employers liable for the negligence of employees on the job. An attorney has the necessary resources to pursue compensation from all possible avenues to ensure your recovery covers your losses.
The Insurance Company is Delaying or Denying your Claim
There are additional ways that insurance companies might take advantage of unrepresented claimants. The first scenario is that an insurance company might create unnecessary and prolonged delays in processing your claim. This can make you more anxious to receive a settlement check, so you might be more willing to accept any offer they put on the table, even if it is too low.
They might cause delays by repeatedly requesting additional or duplicate documentation, or simply by refusing to return your communications or make an offer.
A second scenario is that an insurance company denies your claim, even a completely valid one. An insurance company can come up with reasons to challenge your claim that your lawyer can easily refute.
If you have been waiting a long time for a possible resolution or you learn that the insurer denied your claim, your first call should be to an experienced injury lawyer. They know how to respond to the insurance company to best get your claim moving along again. With a lawyer, you can effectively level the playing field and fight for the compensation you deserve in your case.
Insurance Companies Have Investigators and Experts on Their Side
In your fight with an insurance company, that they have an abundance of resources at their disposal. One of these resources might be a team of investigators and experts.
Insurance investigators have the task of finding anything adjusters can use to minimize or deny your claim. Some investigators might comb your social media for clues that your injuries are not as serious as you claim. Others might even watch you outside your home or work to see if you can live your life as normal.
Hiring a lawyer can provide advice on what to do or not do while you might be under an insurance investigation. The right lawyer can also respond to claims based on the alleged findings of an insurance company investigator.
In some cases, an insurance company might have medical professionals and experts to perform an independent medical examination to try to undermine your medical injuries. Medical experts might also review past medical records, trying to assert that your injuries were pre-existing. Insurers can also use accident reconstruction experts to challenge liability, or occupational experts who might assert that you should work with your injuries.
By using investigators and experts, insurance companies are trying to minimize your payment. An attorney will know how to respond to findings presented by the insurer and fight for your rights to maximize your chances of receiving a favorable settlement offer. This is only one of many ways a lawyer can help you with your injury insurance claim.
A Great Lawyer Can Provide You With Medical Resources
Going to the hospital to receive treatment for your injuries should be your top priority after your accident. After you leave the hospital, you may attempt to live your normal life. With lingering issues from conditions such as brain injuries, your condition might not improve or might only grow worse, and you might need continued treatment and care.
Fortunately, hiring an attorney will help you in receiving top medical treatment. Lawyers can call on trusted medical professionals who are willing to provide treatment to you with a pending injury case. Your lawyer can provide valuable guidance on how to best cover your medical bills—if needed—while you wait for your case to resolve.
The right injury attorney should care about every aspect of your well-being following an accident and injury, including your medical care and fighting for your rights to financial recovery.
How to Choose the Best Lawyer for Your Case
If you are planning to hire a personal injury attorney, then you should make sure that you make the right hire.
This is more likely to happen if you follow these steps:
- Choose a law firm that only represents plaintiffs. Don’t choose a law firm that actively represents insurance companies. This is because you want to hire a lawyer who is committed to helping clients in your same position.
- Look at the firm’s online reviews. Online reviews are a great indicator of a firm’s commitment to its clients.
- Work with a respected law firm. Insurance companies know who the best personal injury lawyers are, and vice versa. They may negotiate with the best attorneys to avoid losing in court.
- Hire an experienced attorney. The more an attorney has worked in the personal injury niche, the more they see a wide range of cases. Always hire an attorney that has a wealth of knowledge in their field.
- Hire a lawyer who has time for you. Realistically, the lawyer you’ll see in ads will be very busy. But, you should still make sure they will have time to oversee your case in court.
How Much Will I Get in a Successful Claim?
It’s impossible to know how much you will get if you win your claim without an attorney examining the details and circumstances of your accident and injuries. Every personal injury case is different, involving different accident causes and severity of injuries. Many legal issues can impact your settlement amount, which is why the best way to know how much you can get is by speaking to a personal injury attorney.
Personal injury attorneys have first-hand knowledge when it comes to calculating damages for injury claims. They can give you an estimate of how much they believe you deserve for your damages. They will then be the one negotiating for the full amount you deserve.
They will keep you in the loop regarding the potential settlement offer you can receive. Depending on the severity of your injuries, your settlement value can vary. If you have been permanently injured with a disability or any other long-term injuries, you will likely receive a larger settlement than someone with a comparatively minor injury that healed.
Also, your settlement value could fluctuate depending on how skilled your lawyer is. If you make the right hire, your skilled attorney can win the negotiation battle and obtain the compensation you deserve.
Who Will Work on My Case?
Again, the lawyer you see on an ad or website may be too busy to work fully on your case. This is why some law firms employ a large team to manage their cases every day. For example, if you visit a law firm in person, you might meet different attorneys during an initial consultation.
However, to manage their own workloads, they might have a staff of junior lawyers and paralegals to assist you. You should always ask questions about who will be handling the details of your case and communicating with you about any new developments.
Having a strong legal team can often work to your benefit. By having multiple eyes on your case, nothing goes left unnoticed. Always seek help from a law firm with a reliable team that can provide value to every aspect of your case.
How Much Does a Personal Injury Attorney Cost?
Certain types of lawyers usually charge expensive fees for their services. Fortunately, personal injury attorneys operate on a different model. Most personal injury attorneys won’t charge you a retainer or anything upfront, and they will instead take a percentage of your settlement as their fee.
This is called a contingency fee arrangement, and it means that they won’t get paid unless you win. This helps anyone who doesn’t have the money to pay a lawyer hourly fees for all the work on your claim or a retainer so the lawyer can simply begin to help you.
Also, it allows your lawyer to work harder for you. Traditional pricing structures permit lawyers to receive payment before achieving satisfactory results on their client’s behalf. In this model, the lawyer gets paid despite the outcome.
Personal injury attorneys have the incentive to give you their best work – otherwise, they might not receive any fees. This gives you even more reason to hire a personal injury attorney. There’s literally no risk involved for you to take.
If you lose your claim, you usually won’t have to pay your attorney a dime. However, if you win, your attorney fees will automatically come out of your settlement. This will include other court costs, giving you the chance to finally take care of your financial hardships with the remainder of your settlement.
Is an Insurance Company Contacting You?
Most of the time, you will receive a call from an insurance company after your accident, possibly while you’re still recovering in the hospital or at home. When you get a call from an insurance company, say no more than necessary until you hire a lawyer.
Unfortunately, insurance companies will take advantage of the fact that you’re in a state of recovery and shock to lure you into saying things that they might use against you and your claim. They’ll ask seemingly innocuous questions, but this is a tactic they use to get the information that they need.
Eventually, when you do try to file an injury claim, they will use the recorded conversation as leverage against you to convince you to accept a lowball settlement offer. If they find enough reason, they may try to deny your claim altogether.
For this reason, hire a lawyer first before speaking to an insurance company. A lawyer will advise you not to speak with an insurance adjuster outright, and they will handle all insurance communications moving forward. They know what to say and what not to say to give you the best chance at receiving a favorable settlement offer as soon as possible.
Do You Have Questions About Your Rights?
It’s no secret that many accident and injury victims get pushed around by insurance companies. Part of the reason why this happens is that accident victims might not really know their rights after an accident.
They believe that they can handle their personal injury claims all by themselves and can negotiate with an insurance company. The problem is that insurance companies can completely take advantage of injury victims who don’t know how the law works in their favor.
For example, if you don’t know how to properly respond to a request for an independent examination, then you may fall into the trap of an insurance company trying to undermine your injuries. Also, if you don’t know that you can deny your insurance company access to request your previous medical records, you might sign a medical release, and they might use that information against you later.
A skilled attorney knows all of the tricks of an insurance company. They’ll coach you through the proper ways of conducting your case. Having an attorney also forces the insurance company to recognize your rights.
With a legal professional standing up for your rights, they’ll acknowledge that they can’t openly take advantage of you. This will help you move faster to the negotiation table, where you can receive fair compensation.
How Much Time Passed Since Your Accident?
Each state has a different time limit for filing a personal injury lawsuit in civil court. For example, in Georgia, there is a two-year statute of limitations for personal injury claims. This means you have until two years from the date of your accident to file a claim. This means you should never wait to start the legal claim process in the aftermath of your injuries.
A delay can sometimes go against you in your claim. The insurance company can claim that you are exaggerating or falsely stating your injuries. Evidence of liability may dissipate, making it more difficult for you to prove that the other party or parties were negligent. The sooner you file your claim, the more evidence your attorney can gather, and an insurance company might have fewer challenges to your claim.
Some people are too overwhelmed by their injuries and the physical recovery process to worry about financial recovery for months or over a year. Don’t think that just because the statute of limitations is looming that you no longer have a case. If you act before the limit ends, your lawyer can still build a case against a negligent party and their insurance company. Don’t allow anyone to tell you that it’s too late for you to go to court as long as you are within the limits of the law.
Seek the Legal Help You Need from a Personal Injury Lawyer
Accidental injuries are no laughing matter. Insurance companies have a wealth of resources and lawyers to undermine your claim. If you come unprepared, you risk losing and missing out on the opportunity for the full financial recovery you deserve.
By hiring the best personal injury lawyer in your area, you can ensure you have the best possible chance of obtaining maximum compensation for the full range of your losses. Don’t wait any longer to seek the legal guidance and representation that you need.