Do I Need ​​​​​A Personal Injury Lawyer? An In-Depth Look

The Simple Guide To Determining If You Need A Personal Injury Lawyer

If you were recently involved in a personal injury accident, you might question whether you need to be represented by a personal injury attorney. From a legal standpoint, you do not need an attorney to file a claim. You can do this yourself. Suppose your claim is minor, and you expect to receive little compensation. In that case, it is financially prudent to handle your claim instead of hiring an attorney.

However, if your injuries are severe or your accident was complicated, you may consider consulting with a personal injury attorney. Your lawyer can help advocate for your interests when communicating with insurance companies, their adjusters, and their teams of attorneys.

It can also be beneficial to have an attorney, as they are familiar with the applicable laws, legal procedures, and local court rules. Their experience allows them to be your legal representative. With a personal injury attorney on your side, you can focus on healing from your injuries while they handle the legal aspects of your claim.

Do These Thoughts Or Concerns Sound Familiar?

These are all real questions and concerns that personal injury victims face. Let’s explore them in-depth and find out what it takes to craft a well-supported personal injury claim, whether you hire a lawyer or represent yourself.

Were You In A Personal Injury Accident?

After sustaining a personal injury, you face the dilemma of whether you need a lawyer or not. However, first, it’s important to ask yourself if you were in an accident that resulted in personal injury, which gives you an opportunity to initiate a claim to pursue compensation for your losses.

To determine this, it’s crucial to examine two factors:

Questions To Ask Yourself Before Deciding If You Need An Attorney

Did You Suffer Serious Injuries?

Nearly everyone who is injured in a personal injury accident believes their injuries are serious. After all, accidents are traumatic and should be treated as such. On a legal and objective level, injuries are considered severe if they require immediate medical attention and have a lasting impact on the victim for more than a week or two.

Generally speaking, non-serious injuries don’t require much paperwork when making a claim with the insurance companies. In these circumstances, your claim may be resolved more quickly and involve fewer legal complexities. In straightforward cases, it’s important to consider whether the potential benefits of hiring an attorney outweigh the associated costs.

So what types of injuries require an attorney?

• Minor Injuries — Perhaps you saw a chiropractor a few times and now feel fine. If your insurance company offers to settle your claim for $500, it’s a good idea to take it since your injuries were minor. Some attorneys will take on these types of claims, but if it only requires a few doctor visits, it’s unlikely that it’s necessary to hire an attorney. However, if you are still hurting or not functioning correctly after a couple of treatments and following your doctor’s advice, it might be time to schedule a consultation with a personal injury attorney to discuss your rights.
• Severe Injuries — On the other hand, if you were whisked away by an ambulance from the scene of your accident, received treatment in the emergency room, and had surgeries or several appointments with medical professionals or physical therapists, your injuries are considered severe. With many complicated medical treatments, the insurance company will need to review all the details to determine what they are willing to offer you for your claim.

Taking on your injury claim, especially while dealing with your injuries and receiving treatments, can be challenging. Your injuries may become more complex and severe, which can make the claims process more difficult and may require additional support. Pain, inconvenience, and suffering go hand in hand with serious injuries. You may also need to take a break from your hobbies, job, caring for your family, and even cooking and basic household chores. You may be unable to care for yourself and need assistance with even basic tasks like brushing your teeth.

Depending on the specifics of the case, you may be able to include these damages as part of your claim. However, building a claim that includes these damages can be complex and may require legal knowledge. A personal injury lawyer can assist you in pursuing compensation for your injuries and represent your interests to the insurance company, their attorneys, and possibly a jury.

The seriousness of your injuries is one of the several factors that can affect the complexity and the potential value of your personal injury case. The severity of your personal injuries is measured by:

• The severity and type of injuries you sustained in the accident.
• The medical procedures required to treat your injuries.
• How long will it take for you to recover from your injuries fully?
• The expenses for all medical services resulting from the accident.
• The expected cost of any potential future medical care and treatments.
• The projected cost of any long-term care you may require in the future.
• The extent to which your injuries limit your ability to work.
• How do the injuries restrict your capacity to do your ordinary life activities?

The severity of your injuries is one factor that may influence the potential value of your claim. Likewise, more severe injuries are also more complex to settle, often requiring legal representation to navigate the process.

Serious Injury Types

Are you still wondering if your injury is serious? Consider meeting with a personal injury attorney if you have any of these types of injuries.

Long-Term Injuries

Some injuries resulting from personal injury accidents can make a significant impact on your body for many years into the future. You could be disabled or even permanently restricted in your activities. Long-term injuries can significantly interfere with your daily activities, hobbies, and job performance. These complicated injuries also have tricky price tags. There is no set monetary value for compensation; instead, it depends on multiple factors, including the severity of your injuries and their impact on your quality of life.

Permanent Injuries

If your injury causes you to be disabled or restricted permanently, you will live with it for the rest of your life. It’s essential to evaluate the long-term effects of your injuries, including scarring or disfigurement.

Individuals who suffer long-term or permanent injuries may be able to seek compensation for pain & suffering and other related losses, depending on the situation. They often have substantial medical bills and may not earn a living the way they did before or at all.

Determining the potential value of a claim is not a simple process. A personal injury attorney is familiar with this process and also has access to paid medical and vocational professionals to help assess the total value of an injured party’s damages. If you’re seeking accountability from the at-fault party, consulting with a personal injury attorney could help you understand your options.

After sustaining a severe personal injury, an attorney can do the following to support your claim:

• Evaluating Your Case — An attorney can help assess the full extent of your damages, including medical expenses, lost wages, and other losses.
• Negotiation Experience — Lawyers are experienced in negotiating with insurance companies and other parties on your behalf.
• Evidence Collection — Attorneys will gather and present evidence to support your case.

Is Another Person Or Party At Fault For Your Injuries?

The next question you need to consider is whether someone else caused your injuries, whether directly or indirectly. If the answer is yes, consulting a personal injury attorney can be beneficial. Understanding the different types of liability can help you answer this question.

Clear liability means that the other party accepts full responsibility for the accident that caused your injuries. Perhaps they made a statement to the police or their insurance carrier verbally expressing their fault.

Police reports and independent witness statements can help establish clear liability.

• Shared Liability — If you have some fault in causing the accident, there is shared liability. In this scenario, you might also be subject to insurance claims from the other party at fault. Typically, this will result in a decrease in your compensation or even prevent you from pursuing any. It will depend on how much liability you have for the accident.

  Keep in mind that if you live in a “contributory negligence” state (Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.), any liability on your part can bar you from pursuing a claim. Anyone who has been injured in an accident and could be partially at fault may benefit from consulting with a personal injury attorney. An attorney can explain how counterclaims or cross-claims could affect your situation and discuss strategies for addressing these issues. The same applies if you were in an accident where multiple parties could be potentially liable.

• Disputed Liability — Insurance companies can still dispute liability for the accident, even if you genuinely believe you have zero liability and the other party is entirely to blame. They may argue that their policyholder is not liable or that you do not have sufficient evidence to support your claim. As a result, the insurer might partially or fully deny your claim, which can affect the outcome of your case.

If your accident involves shared or disputed liability, you will likely need a personal injury lawyer unless you:

• Understand or can learn the intricacies of the personal injury laws pertinent to your situation.
• Know or can learn how the workings of the insurance industry work and how to manage an accident claim.
• Have or can collect adequate evidence (such as eyewitness testimony or video footage) to establish that the other party is at fault for your accident.

If you agree that 100% of the fault for the accident belongs to you, you may not need to consult a personal injury lawyer for your own claim. However, if someone was injured in the accident and filed a legal claim against you, your insurance company typically provides legal representation as part of your policy.

Is Your Case Complicated?

Now that you know about liability, it’s time to examine the complexity of your case to determine if it’s necessary to hire a personal injury attorney. Let’s look at the issues that might complicate your case:

The Severity Of Your Injuries

As previously mentioned, minor injuries stemming from a simple accident don’t usually warrant the services of a lawyer. However, severe injuries, such as those previously described, may warrant the attention of a personal injury lawyer.

Liability Issues

If there are no disputes or nuances over liability, you may not need to hire an attorney. If there are severe injuries and multiple parties involved, a personal injury attorney can help manage the claims process, so you can focus on getting better.

When The Accident Involves Multiple Parties

Insurance coverage issues, identifying potentially liable parties, and determining the potential value of a case can become complicated quickly when numerous parties are involved, multiple people are injured, or multiple people are potentially at fault for the accident. These situations often require legal assistance to navigate the complexities involved.

When Multiple Parties May Be Responsible For Causing The Accident

When more than one party is liable for your accident, your claim will involve several different insurance companies. It can be confusing, time-consuming, and quite a burden to untangle a mess like this. Your attorney can review your insurance policies, interpret various insurance coverages and exclusions, and handle communications with the appropriate carriers. An attorney can help manage the process on your behalf, allowing you to focus on healing.

When Multiple Parties Were Injured In The Accident

If multiple individuals were injured in an accident, the at-fault party would probably have several claims filed with their insurance company. This situation can affect how available settlement funds are distributed among claimants. Other injured parties may have legal representation to help pursue their claims, so you might consider whether having an attorney could also be beneficial in your situation.

If you determine that you have serious injuries and that your case has one or more complicating factors, it’s important to answer the next question before calling a personal injury attorney.

Is There Money Available To Pay For Your Injuries And Damages?

Most personal injury lawyers work on a contingency fee basis, meaning they only get paid attorney’s fees if your case results in a settlement or a verdict. If there’s no compensation, you won’t owe them for their legal services. However, you might still need to cover specific case costs, no matter what the outcome is. Having said that, if there is limited or no potential for recovery, some attorneys may advise against pursuing a claim. It can still be helpful to consult with a lawyer to understand your options and whether pursuing a case makes sense in your situation.

Potential sources for financial compensation after an accident may include:

• Third-party insurance coverage
• Your insurance coverage
• Third-party personal or business assets

Depending on your case, you may be able to file a claim from one or more of these sources. A personal injury attorney can help you understand your legal rights and explore your legal options. The primary reason injured parties hire attorneys is to pursue a claim for their damages. If there are limited or no sources of compensation available, it may be challenging to seek damages through a legal claim.

However, it can still be beneficial to schedule a consultation with an attorney. A lawyer can evaluate your case and determine potential avenues for compensation. Insurance policies can be confusing, and it’s not always clear which company should cover your losses or how to file a claim. If this sounds familiar, read on to learn more about insurance policies.

Types Of Insurance Coverage

Even if you know what types and amounts of coverage are available on your car insurance policy, finding out what other sources of compensation could be available in your claim can be difficult and time-consuming. Hiring an attorney who will take on this task for you can help manage the process more efficiently. Your attorney will evaluate both the available insurance coverage and the legal strength of your case to determine if your personal injury claim is worth pursuing.

When Did Your Accident Occur?

The outcome of your claim and whether to seek legal representation can hinge on the amount of time that has elapsed since your accident happened. After an accident, there is no specific timeframe for hiring an attorney. If you decide to manage your claim on your own, you can always hire an attorney at any point before your claim is settled. If you start off thinking about hiring a lawyer, there are some ideal times to hire one to assist in managing your case.

Hiring an attorney at the scene of your accident or from the hospital may be premature, but waiting too long can affect the efficiency of the process. By seeking a professional legal opinion right away, you will be able to find out if you have a valid claim worth pursuing. If you do, your attorney can advise you of the next steps. If you don’t, you can prepare to handle the claims on your own. Many personal injury lawyers provide free initial consultations to determine if you have a case. These can be done at your convenience via phone, video chat, email, or in person.

The Law Restricts How Long You Have To File A Personal Injury Lawsuit

Every state has a deadline for filing personal injury claims. This deadline is commonly known as the statute of limitations. In California, the statute is two years from the date of the accident. If your claim is against a government entity, you only have six months after the accident to file a claim. Other state statutes will vary, so it’s important to be aware of the time constraints you have. It should be noted that minors have different deadlines for filing claims to help protect their rights. If you attempt to file a personal injury claim once the statute of limitations has expired for your case, you will more than likely be barred from pursuing compensation for your losses. Hiring a personal injury attorney should be done before this time runs out unless you intend to handle your injury claim on your own.

Can I Wait To Hire An Attorney Since I Have Years To File A Legal Claim?

You may want to wait until you have completed your medical treatments before hiring a personal injury attorney. However, you also have the option of hiring one sooner who will work with you to assist you in seeking proper treatments. Your attorney can begin guiding you through your injury claim and also help you access appropriate medical treatment by referring you to medical professionals near you.

Having an attorney at this point will prepare you to start negotiating a settlement as soon as you are released from medical care. You may choose to consult an attorney at any stage after your accident. However, waiting until after your medical treatment is complete may present certain challenges in the claims process, such as gathering timely evidence or addressing legal deadlines. During the process, you may commit common mistakes or encounter issues that may be difficult to address on your own, such as:

Making statements that can affect the evaluation of your claim or disclosing important information to the third-party insurance carrier.

Insurance companies may contact you soon after an accident to gather information about your claim. It is important to be cautious when communicating about your injuries and the incident, as early statements can sometimes affect the outcome of your claim. Consulting with a personal injury attorney can help you understand your rights and guide you in handling communications with insurance companies. Once an attorney represents you, the insurance company will have to go through them for any information they need from you.

Saying things to your medical providers that can affect your claim.

It is vital to communicate openly and accurately with your medical providers about your injuries and treatment. A personal injury attorney can provide you with legal guidance on how your medical records and conversations may be relevant to your claim. Working with legal counsel can guide your interactions with healthcare professionals to support the documentation of your injuries.

Not receiving effective or appropriate treatment to heal your injuries.

Within your legal claim, you may only be able to pursue compensation for medical treatment that is considered to be reasonable and necessary. If you are not getting medical treatment that is effective or appropriate, you may risk not being able to seek compensation for your costs. Of course, attorneys are not usually medical professionals, but they can review your medical records and help you understand how certain treatments may be considered as part of your claim. They can also advise you on how medical documentation may relate to the settlement process.

Not handling your medical bills correctly.

If you sit back and allow your medical bills to go into collections status, which damages your credit, or you pay your medical bills unnecessarily, it can impact you for a long time to come. With an attorney’s assistance, you may be able to better coordinate payment options for your medical bills. An attorney can help you understand how certain expenses might be covered by your health insurance, med-pay, or other benefits, and can also discuss arrangements such as medical liens or payment plans to address bills while your claim is pending.

Additionally, your attorney may be able to discuss options for addressing your medical bills, such as negotiating with providers or exploring available payment arrangements, depending on the circumstances of your case.

Having gaps in your medical treatments.

If, for any reason, you do not keep up with the treatment plan recommended by your healthcare providers or you go substantial amounts of time between treatments, it may affect how the insurance company evaluates your medical expenses. Consulting with an attorney early in the process can help you understand how your medical care and documentation may impact your claim.

Not correctly documenting or preserving evidence.

If you do not take the time and care to preserve valuable evidence, such as witness statements, pictures, or videos of the accident scene, as well as the vehicles and injuries when the accident is fresh, it may impact the strength of your claim. Working with an attorney early in the process can help you collect and document relevant evidence to support your case.

Not informing the third-party insurance company about the case.

Most insurance companies will put aside a set amount of money for each claim. These funds are known as a reserve and are calculated using the information they receive about your case early in the process. If they set the reserve too low, it may be difficult to adjust it later to reflect your actual losses. If you have a personal injury attorney representing your claim, they can work to help the insurance company understand the appropriate reserve amount from the start.

Letting the third party (defendant) disappear.

Waiting too long to seek compensation for your claim gives the defendant time to disappear or even move. If you lose track of the person against whom your claim is, resolving your case may cost more money and take more time. When you hire an attorney after your accident, they can help monitor the status of the defendant. If needed, attorneys have access to resources that may assist in locating individuals involved in your case.

Being the last to file a claim.

If other claims are made on the same policy and the third-party insurance company is unaware of your claim, available funds may be distributed to those claimants, which could impact the compensation remaining for your claim.

Additionally, if you wait too long and miss the statute of limitations, you may lose the ability to pursue compensation. A personal injury attorney can assist in filing your claim within the legal deadline, so that even if you get busy with life, you may still be able to pursue accountability from the at-fault party for the damages you have incurred.

Injured individuals who attempt to handle their claim alone tend to give the insurance company too much information if their claim is anything other than simple. They might say the wrong things, forget to provide correct documentation, seek the wrong medical treatment, and generally fail to create the case as solidly as it can be. A personal injury attorney can help manage the process on your behalf, addressing issues that may arise, so you can focus on getting better.

Don’t Make Your Lawyer’s Job Challenging By Hiring Them Too Late

Some individuals begin their personal injury claims on their own and only consider hiring an attorney if they encounter difficulties or challenges. Addressing complex issues later in the process may limit the options available for resolving your claim. While some attorneys may still be able to assist in complicated situations, it may be beneficial to consult with personal injury lawyers to discuss your case and determine your legal options.

It’s understandable to be concerned about legal costs, especially if you face financial difficulties as a result of your injuries. However, it’s important to consider the benefits of hiring a lawyer early in the process, such as helping you navigate the process, address potential issues, and understand the variables that can impact your claim.

Do You Have What It Takes To Handle Your Own Claim?

If you are giving serious thought to managing your own personal injury claim instead of getting help from an attorney, this is an important question to focus on. Do you have the skills, energy, and time to handle your personal injury claim? The answer will come from balancing the intricacies of your case with the resources you have available. Take some time to explore the skills, time, and energy that go into handling a personal injury claim to help you determine whether to hire a lawyer or not.

Do You Have The Time Necessary To Manage Your Case?

Perhaps you are done with medical treatment for your injuries, not having any pain, and are back at work. If so, you might have the time to handle your claim. Nearly everyone can find the time to make a few calls and send a few emails to resolve a claim. However, if your claim necessitates investigating, drafting legal documents, and digging deeper, do you have time for that?

If you are still healing and recovering from your injuries, you might have some additional free time, especially if you are still off from work. It’s important to ask yourself if your time is better spent learning new skills so that you can be your own personal injury lawyer or focusing on your healing by resting and attending medical appointments. Managing a personal injury claim that is anything more than basic requires a large commitment of time and is stressful for even the most relaxed person.

You will need to take on tasks that will need your constant attention, such as:

• Frequent phone calls
• Sending and receiving emails, faxes, legal documents, medical records, and bills.
• Handling offensive bill collectors, argumentative insurance adjusters, and edgy negotiations.

These tasks are not even an exhaustive list of what you would need to do to represent yourself. Each of these tasks takes attention and energy away from your recovery and can add further stress to your mind and body.

If you are not ready to handle all of this, it might be time to hand it off to an experienced personal injury attorney. However, if your claim is minor and can be settled with a few emails or phone calls and may only take a few hours of your time, you may want to be the one in charge. To determine if this is the type of case you have, you will need to evaluate the complexity of your case quickly.

Do You Have The Energy To Handle Your Personal Injury Claim?

Maybe you do have the energy, or at least the motivation, to take care of your claim on your own. However, the demands of physical, mental, and emotional recovery can make the process challenging. It’s important to consider whether your motivation and resources are sufficient to manage what can often be a lengthy process.

Injured individuals are often vulnerable after an accident. While still healing from their injuries, they may be required to juggle body pain, headaches, mobility issues, work stress, family obligations, and medical appointments. Do you want to add playing the role of your own personal injury attorney to this mix? Having a legal representative on your side who can help with all the logistics of pursuing an injury claim can be beneficial in these situations.

It is also essential to recognize that insurance companies have established procedures for evaluating and processing claims. This process can involve detailed documentation and multiple steps. Careful preparation and thorough record-keeping are essential to supporting your claim and addressing any issues that may arise during the process.

During this process, you will need to provide the insurance carrier with, among other things, lots of evidence, recorded statements, and witness declarations. You must weigh your energy and resources against the complexity of your legal issues and injuries to determine if hiring a lawyer can be beneficial in handling your claim.

You can increase your resources by:

• Having a team to assist with your claim.
• Finding someone who knows the law.
• Delegating the management of your medical bills to another person.

Your resources will be taxed by:

• Stress from handling your claim.
• Taking on more than you can handle.
• Navigating communications with insurance companies and their representatives.

A Personal Injury Law Firm Can Provide Additional Resources

When you decide to hire a personal injury lawyer, you will have an entire team on your side to support your legal matter.

The majority of personal injury law firms have people on staff who can:

• Assess your accident and injuries to help determine the type of personal injury claim you may be able to pursue.
• Discover the facts of your accident and collect valuable evidence to support your claim.
• Investigate the individual who caused your accident.
• Understand your medical file and be a middleman between you and your healthcare providers.
• Assist in verifying that you are receiving proper medical care for your injuries.
• Advocate for your legal rights and options.
• Help you address any outstanding property damage problems from the accident.
• Analyze your financial losses from the accident.
• Work to pursue compensation in accordance with California law.

Do You Have What It Takes To Manage Your Own Injury Case?

While it is true that basic injury claims are usually better to handle without legal help, other personal injury cases can quickly become overwhelming to handle.

Even though you are not a personal injury lawyer, you know you are smart, motivated, and capable. You have some experience negotiating, and you can undoubtedly make calls and reply to emails.

However, if your claim is complicated in any way, you may require the specific experience of a personal injury attorney to help you pursue a fair settlement. To pursue an injury claim, it’s important to have the following skills:

Investigation & Evidence Collection Skills

You can’t adequately establish your case unless you investigate the facts and collect documentary evidence.

To do this, it’s crucial to:

• Keep a copy of the police, sheriff, or highway patrol’s accident report.
• Identify the person, company, or governmental entity that could be held liable for your accident.
• Collect statements from any eyewitnesses to the accident.
• Request medical records from every medical provider and medical biller involved in your care.
• Ask for loss of earnings documentation from your employer.
• Investigate the third party for any existing insurance coverage or personal/business assets.
• Collect estimates and photos of any property damage that occurred because of your accident.
• Generate a timeline of pictures of your injuries, starting from immediately after the accident until they are healed.
• Keep records of all out-of-pocket expenses linked to the accident.

Depending on your case’s type and specific details, there may be several other investigative steps and pieces of evidence that you will need to gather. If your list is this long or even longer, consider hiring a personal injury attorney.

Be A Convincing Advocate And Storyteller

Perhaps you have done the investigative work for your claim and collected all the necessary evidence. Your next task in the process is to write a persuasive demand letter. This critical letter is your opportunity to tell the insurance company your side of the story and convince them that you need a fair settlement from them. With this letter, you will need to itemize your losses and request a lump sum settlement.

This demand should include detailed and documented proof of:

• How the accident occurred
• Every injury you sustained and the medical care you received for it.
• The economic effect your injuries had on you and your family.
• The emotional and mental impact your injuries and recovery have had on you and your family.
• How the accident impacted your ability to work
• All other evidence that supports your claims.
• An exact dollar amount you will accept to settle your claim.
• A deadline for the insurance company to respond to your demand letter.

Keep in mind that demand letters are not short letters that accompany your medical records. Some are more than 20 pages long and are incredibly detailed as to how the accident happened, the impacts it has had on you, and, of course, what you expect for a settlement.

Be A Skilled Negotiator

Before the insurance company responds to your demand letter, you will likely need to communicate and negotiate with them. Insurance adjusters and their attorneys have experience with these processes, while it may be new to you. It is important to carefully consider any settlement offer you receive, as the initial offer may not fully reflect your losses. Negotiations can sometimes be straightforward, requiring only a few conversations, while in other cases, the process may take more time and effort.

Keep these tips in mind when negotiating your claim:

• When negotiating with an insurance adjuster, it is generally advisable not to disclose the minimum amount you would accept for settlement. Doing so may limit your ability to negotiate for a higher amount.
• Balance your fierceness with being realistic. Sometimes injuries are not worth as much as the injured individual thinks. Negotiate for as much as you think you may be able to pursue, but be realistic about your expectations. A minor accident will not typically result in a substantial settlement.
• Keep your break-even number at the front of your mind. This number is when negotiating for additional compensation is more effort on your part than it is worth. Your priority should be to seek sufficient compensation to pay your bills and get your life back on track.

It’s possible that you can handle your own personal injury claim with the energy, time, and motivation you have. However, working with a personal injury attorney who has a dedicated team to assist with all aspects of your case can be beneficial and may help you pursue damages that reflect your losses.

Are You Willing To Take Your Claim To Court If Necessary?

The majority of personal injury claims are settled through negotiations before a lawsuit is filed or the case goes to court. Preparing for these negotiations often means gathering evidence and building your case as though it could go to trial, even if that is unlikely. Filing a personal injury lawsuit requires knowledge of the law and familiarity with court procedures. Handling a court case on your own can be complex and may present additional challenges.

Going to trial is sometimes necessary if a settlement cannot be reached. Because the outcome of your case is uncertain, it’s important to be prepared for the possibility of a trial, especially if you are representing yourself. This preparation includes gathering documentation and evidence to support your claim, such as medical records, proof of expenses, and information from expert witnesses who can explain how the accident occurred and the nature of your injuries. Presenting this evidence clearly in court is an essential part of the trial process.

You should also be prepared to:

• Understand the Rules of Evidence.
• Present motions.
• Examine witnesses (both friendly and hostile).
• Make evidentiary objections.
• Communicate with the judge and jury.

This process can feel overwhelming, especially without legal representation. Insurance companies and their attorneys are experienced in handling claims and negotiations. Without a lawyer, it may be more challenging to navigate settlement discussions or prepare for trial. Having professional guidance can help you understand your options and make informed decisions about your case.

How Hiring An Attorney May Influence Whether A Case Goes To Trial

Hiring a personal injury attorney can impact how your case progresses. Attorneys are experienced in handling negotiations with insurance companies and may be able to help resolve your claim through settlement. While having legal representation does not guarantee that your case will avoid trial, it can help you address challenges, meet deadlines, and pursue a resolution without litigation when possible.

Do You Want To Get A Reasonable Settlement For Your Damages?

If your personal injury claim is relatively simple and likely not worth much, pursuing a claim without an attorney is entirely possible. However, injured parties who have even a moderately complex personal injury claim may consider hiring a personal injury attorney to help them with the process.

Insurance adjusters are responsible for evaluating claims and negotiating settlements. Sometimes, the initial settlement offer may not reflect the full extent of your losses. Hiring a personal injury lawyer can help you understand the value of your claim and assist with the negotiation process. Insurance companies may approach claims differently when a claimant is represented by an attorney, who can help represent your interests throughout the process.

Still not sure whether to hire a personal injury lawyer? Consider these facts:

• Insurance companies, their adjusters, and their attorneys handle claims regularly and are very familiar with the process. In contrast, most injured individuals have little or no prior experience with the insurance or legal system.
• Insurance companies are businesses that manage claims while also considering their financial interests. Their goal is to balance compensating policyholders with maintaining profitability.
• Some studies have examined differences in how claims are resolved when individuals have legal representation. However, settlement outcomes depend on many factors unique to each case. Consulting with an attorney can help you understand your options and the claims process.

Is Hiring A Personal Injury Attorney Worth It?

After considering the earlier questions, you may still be unsure whether hiring a personal injury attorney is the right decision for you. To find out if hiring a lawyer is worth it, it’s important to answer a few more questions. In some cases, it is clear that hiring an attorney is not at all worth it. For instance, if you have a minor claim that is likely only worth a few hundred dollars. In other cases, consulting with a personal injury lawyer can be beneficial in pursuing compensation for your injuries. These cases can be so complicated that the injured party doesn’t even know where to begin to sort it all out.

However, it’s not always clear whether it’s necessary to hire an attorney or not. Most cases lie somewhere in between these two extremes. Your claim likely falls into this category. Assuming your case isn’t small but isn’t large either, how do you know if an injury lawyer is worth it? To answer this question, let’s look at several different factors.

Seeking A Consultation Does Not Mean You Are Committed

Instead of trying to guess at whether to hire a personal injury lawyer or not, you may consider meeting with one. Most will offer free, no-obligation initial consultations. This fact means it costs you nothing to find out if you have a viable claim. Seeking a consultation does not obligate you to hire a lawyer. Typically, you don’t pay anything when meeting with an attorney to determine where your case stands. During a consultation, an attorney can provide their professional opinion on whether it may be practical for you to handle the claim yourself.

A Personal Injury Lawyer Can Help Handle The Complexities Of A Personal Injury Claim

Hiring a personal injury attorney can manage the legal aspects of your case and pursue compensation on your behalf.

By working with an attorney:

• You have support navigating the legal process and addressing your claim.
• The administrative burden of managing your case may be reduced.
• You can focus on getting better while your attorney handles claim-related details.

You Can Avoid Further Out-Of-Pocket Expenses With A Personal Injury Attorney

Your involvement in an accident can have an immediate and substantial effect on your finances. There may be a period when you cannot go to work; you have medical bills, co-pays, and more transportation costs, to name a few.

Some personal injury law firms may advance certain costs associated with your case, such as:

• Ordering records
• Hiring investigators
• Retaining medical and expert witnesses
• Court filing fees

These expenses can total hundreds or thousands of dollars, but most clients are not expected to pay them upfront. Instead, these costs are typically paid from any recovery at the conclusion of the case, which can help reduce immediate financial strain.

How Will I Know If I Really Don’t Need A Personal Injury Lawyer?

You can consult an attorney yourself to determine whether to hire legal representation or not. Most law firms offer free initial consultations.

You likely don’t need a personal injury lawyer if:

You did not have any injuries or only received minor injuries in the accident. In these situations, it usually makes more sense to handle your claim on your own since it will be small and straightforward. For example, if you were in a minor car accident, had some pain, visited your doctor once, and required no further treatment, you might be able to resolve the claim without a personal injury attorney.

In these situations, compensation is usually limited, and many small or medium-sized law firms may not take on such cases for financial reasons. However, some personal injury lawyers may still represent clients in these circumstances.

You should be aware, however, that some injuries are not immediately recognizable and may not experience any pain or symptoms until a few days after your accident. You may want to wait until those days pass to be examined by your doctor. Before entering into any type of settlement agreement with the insurance company, be sure you know the full extent of your injuries. After you sign a settlement release with them, you may no longer be able to pursue additional compensation.

The at-fault party’s insurance carrier has already offered you the full amount of the policy limits. The party that injured you should carry liability coverage to cover some or all of your damages. When you file a personal injury claim, you may only be able to pursue up to what is available under the policy limits. If your damages, such as medical bills, lost wages, and pain and suffering, exceed the insurance policy limits, it may be difficult to pursue additional compensation beyond those limits.

If the insurance company is willing to give you the full policy limits, hiring an accident lawyer to help you with your claim probably won’t do much good. For instance, if the person who injured you has a policy limit of $20,000 and their insurance company offers you $20,000, there isn’t much a lawyer can do for you.

If you want to collect anything over $20,000, you will need to pursue getting it directly from the at-fault party in the accident. Unless that person has significant assets, such as real estate, businesses, or large savings accounts, you won’t get anything more than the policy limit of $20,000.

However, it can still be worth meeting with an attorney who can help you determine if there are other ways to collect compensation from the person who caused your injuries. There could be other insurance policies to draw from, such as an employer if the other driver was working at the time of the accident, or even a government entity. Drivers in California are legally required to have a minimum of $5,000 coverage for property damage, mainly for vehicle repairs, $15,000 in bodily injury coverage to pay for medical bills, lost wages, and pain and suffering, and $30,000 for bodily injury coverage when the accident involves multiple injured parties.

You Reside In A No-Fault State

In no-fault states, the law prohibits injured individuals from making a claim against the at-fault party unless their injuries are deemed to be serious. Seriousness is determined by the severity of injuries or the cost of your medical care, depending on the individual laws of the state where the accident occurred. In these states, you are limited to pursuing a claim from your own personal injury protection (or “PIP”) coverage for your damages.

As such, hiring a personal injury attorney would be futile. If your injuries end up being severe, you may not need to abide by the no-fault system. Be sure you are examined by a doctor and have the appropriate tests run to diagnose your condition. If your claim falls outside of the no-fault system, you may have significant damages and could benefit from consulting a lawyer about your case.

Bonus Question: How Do I Select The Best Personal Injury Attorney?

Once you’ve decided to hire or meet with a personal injury attorney, you might be wondering how to select the right one for your case. Here is what to look for when hiring a personal injury attorney:

One that focuses on personal injury. With hundreds of different legal niches, such as divorce law and tax law, you want to hire a lawyer who focuses solely on personal injury claims. You can even take this one step further and select one who concentrates mainly on the type of personal injury claim you have, such as car accidents.

For example, suppose you were injured in a car accident. In that case, you might want to stay away from law firms that serve mostly medical malpractice or work-related injury clients. These days, it is quick and easy to learn more about an attorney’s reputation and performance online.

When looking, search out real client reviews and not just badges that attorneys can pay for to put on their websites. The reviews you find should paint a picture of what the client experience is like with the attorney. You want to see more than just their achievements on a virtual wall. It is reasonable to expect an attorney to handle your claim with trust, confidentiality, and diligence.

Adequate time and resources to handle your case. When you interview a lawyer, don’t forget to ask them about their current caseload. Ask them directly if they have time to work on your case now. Some law firms take on hundreds of small cases, passing them off to non-lawyer staff while having their attorneys focus on the more significant cases.

No matter the circumstance, it’s important to feel confident that your attorney and law firm have the time and resources to manage your case from the beginning and have good communication. The most frequent and significant complaint expressed by legal clients is that their attorney fails to return their calls, texts, or emails. When you are researching attorneys to hire, look specifically at client reviews that mention whether the lawyer was responsive when they reached out.

Did the lawyer or law firm staff keep them updated on their case and promptly answer their questions, or did they leave them in the dark? You will likely want a personal injury attorney who will stay in touch and communicate with you through the entire process.

What kind of feeling did you get when you first visited their website, talked to them, or watched one of their ads? Are your values reflected in their statements? Do you feel like you can trust them with your medical information, financial issues, and personal details of your life? You will need to share these private details with them so they can pursue compensation in your case.

Conclusion

By now, you may have a solid understanding of when you need help from a personal injury attorney and when you don’t. You also probably know if you need to meet with or hire an attorney and what to look for when deciding whom you will hire.

Injured In A Personal Injury Accident? Arash Law Is Ready To Help

At Arash Law, our dedicated California personal injury attorneys have represented clients around the state, from car accidents to big truck accidents in California and more.

We help personal injury clients in California, including San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and the surrounding areas. If you would like to speak in your preferred language, let us know so we can accommodate your communication needs. Call Arash Law at (888) 488-1391 or use the online form on our website to schedule a free personal injury accident case consultation.

With our no-win, no-fee policy, you won’t have to pay attorney’s fees unless we settle your case. While our legal fees depend on the outcome of your case, other case-related costs may still apply, regardless of the outcome. This payment structure will be discussed during your consultation and will be clearly outlined in a written agreement.