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When To Hire A Personal Injury Lawyer?
After an accident, you might be overwhelmed with things to do. You could have consultations with doctors, physical therapy sessions, or other medical appointments. On top of that, you might have to deal with vehicle repairs or further property damage. You may also miss work, resulting in lost wages.
Amid all these tasks, dealing with insurance companies can be challenging. After an accident, consulting with a personal injury lawyer can help you understand your legal rights and options.
Knowing what to do after a car accident is important, and having a lawyer involved early can help protect your legal rights. An attorney can communicate with the insurance company and handle claims paperwork for you, allowing you to focus on your recovery.
But where to start? If you have never hired a lawyer before, it can be challenging to know where to start. The process is more complicated than simply searching the internet for a “personal injury lawyer near me.”
Learn more about the situations in which you need a lawyer, what questions you should ask before hiring a lawyer, and the benefits of having your own injury attorney.
Do I Need A Personal Injury Lawyer?
Before you make any legal decisions, you must first ask yourself: Is it worth hiring a personal injury attorney? Do I really need a lawyer for my personal injury claim? Some injury victims choose to handle their claims on their own. While it is certainly your right to do so, there are important reasons why you may benefit from having a personal injury lawyer on your side. Here are a few of the most important reasons why hiring an injury lawyer may be beneficial:
It Usually Pays Off In The End
One of the most common reasons injury victims do not want to hire a lawyer is the cost. First, it is crucial to understand that many personal injury lawyers do not require payment up front. They work on a contingency basis. This means that you won’t owe attorney’s fees unless they win your case. However, certain case costs still apply regardless of the outcome. However, even knowing that fact, some injury victims may hesitate to share their settlement proceeds with a lawyer.
While this, too, is certainly your decision, it misses one fundamental fact. Personal injury attorneys often help clients navigate settlement negotiations, though results depend on the unique facts of each case. Working without legal representation may limit your ability to fully understand your options and rights.
You Are Fighting A Large Insurance Company
Can attorneys justify higher settlements than individuals who negotiate their own injury claims? Generally, attorneys can advocate for just compensation by exploring various avenues and employing tailored legal strategies to achieve this goal. Insurance companies have significant resources and experienced claims adjusters working to protect their interests. A lawyer’s knowledge of the claims process and negotiation strategies means your rights are represented, and your claim is approached professionally.
Then, they hire defense lawyers to justify their settlement offers and claim denials. Insurance companies work hard to perfect this system. It can be challenging for someone without experience in personal injury claims to navigate insurance company policies effectively.
Personal injury lawyers, on the other hand, have experience dealing with insurance companies. They can handle challenges and disputes, advocating for your rights throughout the claims process. Attorneys can communicate with the insurance company’s lawyers about the legal issues involved in a personal injury claim. All of these skills enable personal injury lawyers to advocate for an injury victim’s legal rights effectively.
Your Case Could Involve Complicated Legal Issues
There are very few personal injury claims that do not involve some sort of complicated legal issue. In order to establish grounds for seeking compensation, an injury victim must establish four elements of negligence, including:
- That the defendant owed them a legal duty of care.
- The defendant breached this duty.
- The plaintiff was injured as a result.
- A defendant’s breach of duty caused losses, warranting damages.
Each of these is a separate legal element with a particular meaning. Experienced injury lawyers understand each of these elements in detail, and they know what type of evidence it takes to persuade a claims adjuster or jury. It is possible for an injury victim without legal experience to understand and prove these elements.
Even if they provide evidence, the insurance company may simply deny that it meets the legal standard. An injury attorney knows how to navigate complex legal issues and help you understand your options when pursuing a claim for your injuries.
Should I Get A Lawyer For A Car Accident That Was My Fault?
Personal injury lawyers usually represent clients who have been injured by someone else. If you are at fault for causing an accident, your insurance company has a contractual obligation to defend you from personal injury claims filed by those who were injured in the accident. If they fail to provide you with counsel, you have a legal claim for breach of contract. It is essential that your insurance company provides you with the legal guidance to which you may be entitled.
If you do not have an attorney advising you and injury victims file claims against you, you could accidentally say or do something that hurts your defense. Because of this, it is essential to notify your insurance company of an accident as soon as possible, especially if you share some fault.
Of course, it is not always obvious who was at fault for causing an accident. Many cases go all the way to trial on this very issue. Injury victims are not expected to know the legal standards and rules that determine who was at fault. It is also possible for both drivers to be partly at fault for an accident. California law allows injury victims to recover damages for the amount of their injuries caused by another party.
So if, for example, you had $10,000 in damages in an accident that was 30 percent your fault and 70 percent another driver’s fault, you could still seek $7000 from the other driver. Because of this, it is advisable to consult a personal injury attorney if you think there is any chance that the other driver might have been even partly at fault.
An attorney will be able to advise you on your particular situation. Depending on the facts of the case, you might need to open a claim with your insurance company and ask them to assign you legal counsel, or you might need an injury lawyer to pursue a claim against the other driver.
When Is It Too Late To Get A Lawyer For A Car Accident?
You have the right to get advice from your own attorney at any point in your personal injury case until your claim is settled. Once you sign a release of liability, you no longer have the right to negotiate the claim with the insurance company. This fact is why it is essential to seek legal advice before you sign or agree to anything with the other driver’s insurance company.
Of course, if you hire an attorney, you’ll have professional guidance to help protect your legal interests. If you wait until the last minute to ask an attorney if a settlement offer is fair, you might have already said or done something that hurts your case. Additionally, if you wait too long to ask an attorney to review your case, they might not have enough time to fully investigate your claims before having to file a lawsuit (in accordance with the applicable statute of limitations). Managing your claim without legal guidance may increase costs and delays, and could impact your results. Reaching out to a lawyer early can provide valuable support and information.
Questions To Ask A Personal Injury Lawyer
It isn’t easy to know what to ask a lawyer when deciding whether to hire them, especially if you have never had to hire a lawyer before. Here are some critical questions that can help you determine whether a lawyer is right for your case:
- How many years have you been in practice?
- What types of cases do you typically handle?
- Have you ever handled this type of case before? How many times?
- Have you ever dealt with a case involving my type of injuries?
- Have you ever taken a case like this to trial?
- What would your strategy be for my case?
- Are there any challenges in my case that I should be aware of? (For example, if it isn’t clear who was at fault for the accident, or your injuries aren’t clearly related to the accident).
- How long do you think it will take to resolve my case?
- What are the chances that you think my case will settle (or go to trial)?
- When is the statute of limitations on my claim?
How Does A Personal Injury Lawyer Get Paid?
Most personal injury lawyers do not require you to pay them up front. Instead, they work on a contingency. This phrase means that the lawyer agrees to work for an agreed percentage of the amount he or she ultimately recovers for you in a settlement or jury award. If the lawyer is not able to get any compensation for you, you do not have to pay them attorney’s fees. However, certain case costs may still be charged separately regardless of the outcome.
The percentage that the lawyer will be paid is clearly stated in a written representation agreement. Most personal injury lawyers will require a higher percentage if they must file a lawsuit on your behalf. They do this because litigation requires far more work from the attorney and their staff.
There may also be fees and costs involved with handling your personal injury case. If a lawsuit is filed, your attorney will have to pay a filing fee to the court.
They may also have to pay a process server, expert witnesses, and other professionals who need to be involved in your case. These costs will be deducted from your settlement or jury verdict before your attorney distributes your portion. It is important to understand whether the attorney’s percentage will be calculated before or after these costs are deducted. All of these details should be clearly stated in a written representation agreement.
If you have any questions, be sure to ask your lawyer before signing the contract. If you have already signed the agreement, be sure to ask your attorney about these costs before they advance them on your behalf.
How Can I Check An Attorney’s Background?
You probably do not want to pay a private investigator to check out every lawyer you meet with. There are, however, some important websites you can check to be sure that the person you met with is, in fact, a licensed attorney. The State Bar of California maintains a website with information on all lawyers in California. You can search by the attorney’s name to confirm that they are licensed to practice law in the state of California, that their law license is active, and that their license has not been suspended.
The website also lists any disciplinary action that the State Bar has taken against a lawyer. You can see if the attorney has had their license suspended or revoked in the past. If so, you’ll be able to investigate the circumstances surrounding it. All of this information is important to know before you agree to hire a personal injury lawyer.
Being a member of the State Bar is mandatory for anyone who wants to practice law in the State of California. Lawyers can also choose to be members of local bar associations. Your attorney might be a member of the Los Angeles or San Francisco bar associations, and these organizations might have information on their members. But remember that these local bar associations are voluntary. Just because a lawyer is not a member doesn’t mean that they have done anything wrong.
Bar associations also exist for certain practice areas. A personal injury lawyer might be a member of a trial lawyers’ association or the injury law bar. These, too, are voluntary associations. If your lawyer is a member of such a group, they have decided to focus their practice, time, and experience in that particular area of law.
Finally, there are many attorney-ranking websites on the internet. You can search AVVO or similar websites to read real reviews from real clients. Doing this will give you an idea of the quality of service that this attorney has provided in the past. Remember, it is not unusual for an attorney to have one unhappy client at some point in their career, so a single bad review is not necessarily a bad sign. However, if there is a pattern of dissatisfied clients, you might want to check out other personal injury lawyers.
Consult Experienced California Injury Lawyers
You don’t have to search all over the internet for a “personal injury lawyer near me.” There are many resources you can use to find the right fit for your case. The personal injury attorneys at Arash Law are available to help clients throughout California. Our experienced accident lawyers have decades of experience representing clients across the state. Our personal injury and car accident lawyers are ready to represent clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. Call (888) 488-1391 or contact us online to schedule your free initial consultation.
