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You’ve probably seen many ads for personal injury lawyers on television, billboards around town, and social media. Some personal injury cases may not require legal representation, and certain attorneys may advise that you can handle straightforward matters on your own.
Of course, it is not always possible to tell whether you should retain an attorney or not. For this reason, it is advisable to consult a lawyer about your case to determine whether you can handle your personal injury claim on your own.
1. You Don’t Have Any Injuries
If you have not suffered any injuries after a car accident, you can decide not to file a personal injury claim. You might still have a property damage claim for the damage to your vehicle, but a personal injury claim cannot exist if you do not suffer some sort of physical or mental injury. Of course, just because you feel okay at the scene of the accident does not mean you have not sustained any injuries. It is vital to get checked out by your doctor. A qualified medical professional can assess whether or not you have been injured in an accident.
Furthermore, some injuries may not show symptoms for hours or even days after an accident occurs. However, if you decide to settle your case on your own before your injuries have become symptomatic, you may find it difficult to seek any further compensation from the at-fault party. There is no need to let an insurance company rush you into signing a settlement in the days immediately after an accident. You can seek medical attention to address your injuries and legal counsel to understand your options.
2. The Insurance Company Is Offering You A Settlement That You Feel Is Fair
In some cases, especially simple cases without complicated losses like lost income or pain and suffering, the insurance company may offer you a settlement offer based on your medical and repair bills. If you are certain that an offer is fair, it may be wise to accept it rather than investing your time and energy into a fight over the possibility that you may be able to get a little more money.
There are a few things to be aware of when you agree to settle your personal injury claim. First, the insurance company may sometimes assert that the settlement offer is fair and suggest that pursuing the matter further may not result in a better outcome at trial. You have the right to consult your own lawyer to see if the settlement is actually fair. Second, once you settle with the insurance company, it is generally difficult to set aside the settlement or try to seek further compensation later. This is true even if something unexpected happens later.
You might find out that your injuries are worse than you thought, or that the driver was drunk, or that something else has happened that might change what you consider to be a “fair” settlement. It is important to consider all these unexpected events. You must be certain that the offer is fair before you sign away your right to a trial. For these reasons, you may want to at least consult with a lawyer for legal advice before accepting a settlement offer.
3. You Are Comfortable Negotiating With The Insurance Company
Most people do not have to negotiate with insurance adjusters on a daily basis. If you do not have experience doing so, you probably do not want to try it for the first time when your legal rights are on the line. However, some people have had to negotiate with insurance adjusters before. Others are comfortable handling the negotiations due to the type of work they do. If you feel confident that you can get the insurance company to negotiate fairly, you can do so on your own without an attorney.
It is still important to consider the legal issues that might be at play in your case. Even if you are a skilled negotiator, the insurance company’s representative will still scrutinize your claim for potential issues such as allegations of contributory negligence, delayed medical treatment, product liability on a defective vehicle, or other legal issues. All of these factors can affect what a fair settlement offer should be in your case. If you find it challenging to understand these factors, consider working with an attorney, who will review these issues to see if they will impact your chances at trial. It is important to remember that the other driver’s insurance company and its lawyers are ethically bound to protect their own client’s interests, not yours. If it is your own insurance company, they are contractually obligated to help you explore your options, and their lawyers have a professional obligation to protect your insurance company’s interests by helping you assert your rights.
4. The Fault For The Accident Is Shared Among The Relevant Parties
When is your own insurance company involved in a claims investigation? If you are at fault. When you cause an accident, your insurance company has a contractual obligation to cover any liability you incur to others, up to the limits of your policy. In this situation, your own insurance company typically provides the legal representation required to handle the claim. That said, if your insurance company attempts to avoid its contractual obligations, it’s advisable to contact an attorney.
Unfortunately, not all accidents have one driver who was clearly at fault. In many cases, the fault will be apportioned between both drivers. Liability can even fall on a third party who wasn’t at the accident. A common example of when this can occur is when a vehicle defect causes an accident. Auto manufacturers can be potentially liable for accidents caused by defective parts, systems, or entire vehicles that they sell. This fact is why car companies will voluntarily issue recalls and pay for repairs, rather than settling personal injury claims from accidents caused by the defect.
In California, if you are partly at fault for the accident, you may still have the right to seek compensation for the portion of your injuries that was caused by the other driver. For example, if two drivers were each half at fault for an accident, each may be able to seek compensation for their injuries from the other driver’s insurance company. The insurance company can then offer a settlement based on its findings.
As you can see, liability is a complicated legal issue. In cases where you were partly at fault for the accident, a personal injury lawyer can help you handle the complex legal process. Even if the other party claims that you were entirely at fault, you still have the right to seek an opinion from your own personal injury attorney.
Their legal team represents their interests, and you are not required to rely on their interpretation of the incident. You can always seek independent legal advice if you feel uncertain about the information provided.
5. You Have Plenty Of Free Time To Pursue Your Claim
Personal injury claims take time. Even filling out simple paperwork can take hours, especially if you are not familiar with the process and must learn as you go. You will also need to collect medical records, bills from your providers, repair estimates for your vehicle, and other documentation. Often, the insurance company will ask for more documentation than what you have provided. The process of gathering all the required documentation can be exhausting. That is why it is beneficial for injured victims to work with a lawyer. Having a car accident attorney handle your claim can allow you to focus on what is really important, which is your physical and emotional recovery.
Some people have the time to spend on these tasks and would rather do it themselves than hire an attorney. But many busy injury victims with jobs and families simply do not have the time to spare. In this case, an attorney can assist you in handling these tasks. Personal injury staff handle the documentation process efficiently. They can accomplish these kinds of clerical tasks while the lawyer is reviewing all potential legal issues in your case. Whether the cost of hiring a personal injury lawyer is worth it depends on when you consider the hours you could spend trying to process your own claim correctly. Investing in legal representation may provide value in your case. An attorney can assist with your claims by reviewing your case, explaining rights, handling paperwork, negotiating with insurers, and representing your interests.
6. You Are Prepared To File A Personal Lawsuit In Court
It should not surprise you to learn that insurance companies do not settle claims because they want to give you money. Insurance companies may settle claims to address the uncertainty and expense of a trial. Sometimes, the at-fault party may assume that an injury victim who does not have an attorney is not willing to go to court. The insurance company may offer an initial settlement if it perceives that doing so will help the victim recover some of their losses while still maintaining the company’s profitability. However, that offer may not be sufficient. One way to address such cases is to make it clear during your settlement negotiations that you will file a lawsuit if you do not reach a fair settlement offer.
Some people are able to file a lawsuit on their own. However, this takes a fair amount of time and energy, and you will have to spend time learning how to do it if you have not filed a lawsuit before. Even if you are able to file the suit, however, you must be prepared to “prosecute your claim.” This is a legal term that refers to moving your case forward. If you fail to do so, your case can be dismissed. You will need to properly serve the appropriate documents on the defendant and their insurance company. If you still can’t reach a fair settlement offer after filing the lawsuit, you will need to attend court hearings and communicate with the judge. You will then have to start the discovery process. This consists of exchanging documents, formal written questions, and other evidence in the case. The other driver’s insurance company will also be allowed to depose you.
Some of these steps can be challenging for some individuals to do without a lawyer. In fact, filing or prosecuting a lawsuit can be difficult even for many inexperienced lawyers. Navigating the court process without legal training can be challenging and may potentially put your case at risk.
You can hire a lawyer after filing a lawsuit, but it will be more difficult to protect your legal rights. A personal injury attorney can develop an appropriate legal strategy for your case when involved early on. Besides, getting an attorney involved at the last minute may complicate your claim when you are giving assurances to the insurance adjuster that you will file a lawsuit if necessary. Carefully consider the entire court process before you make decisions about filing a lawsuit in your case.
Still Don’t Know If You Need A Lawyer? Ask Us
Consulting a lawyer can guide you on whether you actually need a lawyer. You can ask our attorneys at Arash Law. We can help you assess whether it is worth it to hire a lawyer for your particular case.
Our attorneys have represented clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. We handle settlement negotiations and, if needed, represent clients through the litigation process. Contact us online or via phone, or through our “Do I Have A Case?” form to schedule your free initial consultation with one of our California personal injury attorneys at Arash Law.
Please note: Contacting our office does not create an attorney-client relationship. An attorney-client relationship is only established after a written agreement is signed.
