If you have been in an accident and sustained injuries due to someone else's negligence, you can file a personal injury claim and receive compensation.
Personal injury cases include car accidents, slip and fall accidents, product liability, and medical malpractice. You can file a personal injury claim without a lawyer, but hiring a personal injury lawyer can be incredibly helpful. In this article, we will discuss when you might need a personal injury lawyer and the factors to consider before hiring one.
Why Would You Need a Personal Injury Lawyer?
You should consider hiring a personal injury lawyer whenever you have been injured due to another party’s accidental or deliberate negligence or wrongdoing. Here are some cases in which you might need to hire a personal injury lawyer after being in an accident or sustaining an injury:
#1 - Uncertain Compensation
Hire a personal injury lawyer if you have been in an accident or sustained injuries but are unsure how much compensation you should seek. A lawyer will carefully examine your case, look into the incurred damages, out-of-pocket expenses, and lost wages, and determine if compensation is available. The amount you are eligible to receive will depend upon many factors. These include your age, injuries, pre-accident income, medical or out-of-pocket expenses, and whether or not you are partially responsible for the accident.
#2 - Disputed Liability
When filing a personal injury lawsuit, victims have to prove that the other party's negligence or wrongdoing caused the injuries to be able to receive compensation. However, a liability dispute might occur, in which case the accused party might deny any responsibility or insist that the victim is partially responsible.
Contacting a personal injury lawyer when a liability dispute occurs is crucial. The lawyer will carefully examine the case details, gather evidence and devise a legal strategy for proving liability.
#3 - Unfair Settlement Offers
Insurance companies have their best interest at heart, so they might try to get out of paying you by denying or devaluing your claim. For example, even if the insurance company accepts the liability, they might insist that the victim was partially responsible for the injuries sustained, in which the compensation would be reduced. The insurance company may even drag out your claim so that the statute of limitations expires, and you can't file a lawsuit anymore.
Personal injury lawyers are well aware of the tactics such companies use. They will guide you through the personal injury lawsuit and lead negotiations with insurance providers. Work with experienced trial lawyers to help you get a fair settlement.
Factors to Consider Before Hiring a Personal Injury Lawyer
Most lawyers offer free consultations. But finding multiple lawyers and arranging meetings with them can be overwhelming, especially if you or a loved one are dealing with injuries. Consider these three factors when shortlisting lawyers and arranging meetings:
#1 - Experience
You must hire a lawyer well experienced with cases similar to yours. When you first consult with them, ask them about their relevant experience and the time they might take to resolve. Also, check client testimonials, online reviews, and the lawyer's success rate.
Most personal injury claims resolve without going to court if the parties involved agree on a settlement, so your injury lawyer should be an experienced and compelling negotiator. Ask them for statistics about the cases they handled that were settled and that went to court.
#2 - Fees
Personal injury lawyers commonly work on a contingency fee basis – they will not receive their fee until you receive the compensation. However, they require pre-trial costs in advance and adjust those within the contingency fee later. Such costs include postage, court fees, travel expenses, deposition fees, and expert witness fees.
Before hiring your lawyer and signing the retainer agreement, you must understand the fee structure. Make sure you can afford them even if you end up losing the compensation. It’s also best to discuss the fee situation if they lose your case.
#3 - Communication Skills
To judge a lawyer’s communication skills, notice if they relay information regarding the case to you in an easy-to-understand manner and are attentive to your concerns. Your lawyer's practical communication skills would also prove beneficial when the lawyer questions witnesses in court, interviews witnesses, and conducts depositions. This quality would allow them to ask important questions, listen attentively to their responses, and ask the right follow-up questions, providing valuable evidence for your case.
Endnote
You must act swiftly if you’ve sustained a personal injury due to someone else’s fault so that the statute of limitations for filing a personal injury claim doesn't expire. Carefully assess your situation to determine whether or not you need a lawyer, and then consider factors like their experience, skills, expertise, and fees before hiring them. A lawyer will help you get your compensation on time and ensure you aren't mistreated.
