When
Do I Need A Lawyer For My Personal Injury Claim?
Not
every claim which you are considering against another party
requires an attorney. The facts and circumstances dictate
when you need to involve the services of an attorney. For
instance, if you are involved in an automobile accident which
was not your fault and the other driver has an insurance policy
with low limits which will not fully compensate you for your
injuries, then you may be successful in handling the claim
without an attorney.
After the accident, the insurance adjuster for the driver
at fault will contact you to obtain information about your
claim, including your property damage, medical bills, lost
wages, and medical records. Cooperation in providing this
information will usually result in some form of settlement
offer in an attempt to avoid litigation.
However, be careful about what information, especially statements,
made to the opposing side when liability or fault is contested.
Frequently, the insurance adjuster is seeking to prove your
fault or diminish the value of your claim. In such instances,
you may want to retain an attorney early on in the process.
Even when fault is clearly placed on the other driver, adjusters
may attempt to "low ball" you with an offer that
is not fair for the injuries and damages you have suffered.
Most lawyers do not mind giving free advice to clients regarding
settlement offers which may have been extended in a potential
case. If a fair offer has been tendered, you should accept
it. Remember, getting an attorney involved will reduce your
recovery by at least 33 1/3 %.
Another consideration regarding the decision to involve an
attorney relates to the amount or availability of insurance
coverage to pay your damages. If the person who has injured
you (in a car accident or otherwise) has multiple types of
insurance and policies, it is not always easy to discover
that information. The person might have insurance with separate
companies which the adjuster with whom you are negotiating
is not aware.
An attorney can seek affidavits from the insurance company
and its insured to protect you in the event other insurance
is later discovered which will pay for your injuries. Attorneys
also have resources to confirm the existence of certain types
of insurance coverages.
If you suffer minimal injury or damages, it is frequently
not worth getting an attorney involved. Do not go to an attorney
with the hope or thought that he will make your damages higher
by helping you get unnecessary medical treatment from "plaintiff
friendly" doctors. These types of claims not only cost
you more in the long run, but also slow down the judicial
system.
This does not mean that you should not get thoroughly checked
out by your physician following an accident. Sometimes injuries
which at first seem minor, develop into serious life altering
conditions. Do not assume that just because you are able to
leave the site of any accident (automobile or other), that
you are medically o.k. Get your own doctor to perform a thorough
examination.
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