Thinking about filing an injury claim but not sure if you need a lawyer?
Accidents are bad enough without having to deal with insurance companies and massive medical bills.
But adding legal questions to the mix can really have you pulling your hair out.
Should you try to file the claim yourself?
Do you need an attorney?
Here’s the deal:
Not every accident requires a lawyer. Some simple injury claims can be handled on your own without outside legal assistance.
However, if you want to ensure your legal rights are protected and you’re fairly compensated after an accident, hiring an attorney is the way to go.
Research reveals claimants with legal representation receive payouts 91% of the time, while those who go it alone are only paid 51% of the time. That’s a big enough difference to make you think twice about filing a serious injury claim yourself.
In this article we’ll cover:
- Signs You Need a Personal Injury Attorney
- When You Can File Claims By Yourself
- Injury Claim Types That Require Legal Help
- How to Choose the Right Attorney For Your Case
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Signs You Need a Personal Injury Attorney
You’ll know you need help if…
These injuries seem minor until they develop into something serious. Often times insurance companies will try to make it seem like you don’t need a lawyer. They do this by lowballing you with a settlement offer. “See! You don’t need a lawyer. We can take care of this.”
Here are a few telltale signs that mean you should consult with a personal injury attorney:
Your injuries are serious or permanent. Long term medical treatment, surgeries, disabilities that impact your work life, will require an attorney on your side. These injuries have future costs like lost wages and pain & suffering that insurance companies will fight vigorously against.
The other person is denying fault. Unclear liability or outright denial is another situation where you should work with an attorney. Detroit injury lawyers know how to investigate these types of accidents. They can gather evidence, interview witnesses, and determine who was at fault.
Insurance companies are badgering you. When insurance companies call and want to settle, that’s your cue to talk to a lawyer. Insurance companies want to settle claims as quickly as possible. They know that quick settlements favor the insurance company.
There are multiple parties involved. The more people and insurance policies that are involved in your accident the better you should have legal representation. Vehicle accidents with multiple vehicles. Property damage. Slip and falls with business owners. There are often many parties that could be responsible that the average person would never know about. Let an attorney handle it.
When You Can File Claims By Yourself
…but you don’t need one for everything.
Some pretty clear-cut accidents can be managed without legal help.
If someone was obviously at fault for the accident. Your injuries were minor and have healed. The insurance company has made you a fair settlement offer, you might be able to negotiate your own settlement.
Here are some examples of when you may be able to handle your own injury claim:
- Minor car accidents
- Slip and fall accidents that didn’t require medical attention
- Small property damage claims
…but don’t be fooled…
Just because an injury claim seems straightforward now doesn’t mean it will stay that way. Injuries can get worse as time goes on. Something that may seem like a small muscle pull could turn into a long term chronic pain situation down the road.
What’s worse, if you accept a settlement offer from an insurance company, you can’t go back and ask for more money later if your injuries get worse.
If you have even the slightest doubt about your claim, consult with an attorney. Many personal injury attorneys offer free consultations. Why risk your claim when talking to a lawyer costs nothing but could pay off in major ways later.
Injury Claim Types That Require Legal Help
Needless to say, most personal injury claims require you to hire an attorney.
Here are the most common ones:
Motor Vehicle Accidents
Car accidents are by far the most common personal injury claim type in the United States. Over half of all injury claims filed are related to motor vehicle accidents. Whether you were hit by a distracted driver or trapped by defective vehicle parts, motor vehicle accidents require an attorney’s assistance.
Medical Malpractice
Misdiagnosis, surgical mistakes, hospital injuries require an attorney on your side. Doctor and hospital negligence claims are some of the most difficult to prove. Without legal representation, your chances of winning your case are extremely low.
Malpractice claims are also very time sensitive. You only have a certain window to file a lawsuit. If you miss the deadline, you lose your right to file forever.
Work Injuries
Falling scaffolding, unsafe work environments, tool related injuries all require you to hire an attorney.
Workers compensation claims are tricky. Sure it might seem easy to file a claim with your employer’s insurance company. But what about third party liability? Was your employer negligent in providing a safe work environment? Are there other parties that could be responsible? You need an attorney to uncover every source of compensation for your injury.
Slip & Fall Accidents
Negligent store owners, property damage, improper safety practices are all grounds for a personal injury lawyer to get involved.
Premises liability cases require you to prove that:
- The property owner knew about the dangerous condition
- They did nothing to correct the condition or warn visitors
- Their failure to do so caused your injury
This usually requires an investigation into the accident. Something most people don’t have time for.
How To Choose The Right Attorney For Your Case
Not all attorneys are the same.
Personal injury law covers a wide variety of accidents. Just because an attorney primarily handles car accident claims doesn’t mean they’re the best choice for your medical malpractice case.
Here are some qualities to look for when hiring:
Your attorney should…
Have experience with your specific injury type.
Have a proven track record. Experienced attorneys should be able to give you examples of past settlements and verdicts from similar cases.
Have a clear fee structure. Personal injury attorneys typically don’t charge you up front for their services. If they win your case, they get paid. If they don’t, you owe them nothing.
Return your calls. Personal injury cases take time. You want an attorney that will keep you updated on your case and return your calls in a timely manner.
As you’re consulting with different attorneys, ask them these questions:
- How many cases like mine have you handled?
- What are your thoughts about my case?
- Who will be working on my case?
- How long do cases like this usually take?
- What’s the best case/worst case scenario?
Wait Too Long and It Could Cost You…
If you wait to hire an attorney too long, you could end up hurting your claim.
Things change. Witnesses become harder to track down. Injuries can heal. Forcing you to settle for less than you’re entitled to. Documents are lost. Evidence is forgotten.
By not hiring an attorney quickly, you’re shooting yourself in the foot.
Insurance companies know this…
That’s why they try to push injured victims into settling early.
Don’t fall for it.
Just because you consult with an attorney doesn’t mean you have to hire them. Get the facts. Meet with different lawyers and learn your options.
You can always decide to go it alone, but don’t wait so long that important evidence goes undiscovered.
Wrapping Up…When To Hire A Personal Injury Attorney
Should you hire a personal injury attorney?
If you suffered serious injuries, if someone is denying fault, or you’re being pressured by insurance companies, you should consult with an attorney.
Simple injury claims where someone was clearly at fault and your injuries were minor may be able to be handled without an attorney.
But when real money is on the line and your future health is at stake, hiring a personal injury attorney is always your best bet.
Insurance companies have teams of lawyers representing them. Why would you think you can negotiate a settlement on your own?
Don’t be afraid to ask for help.
You pay those insurance companies monthly premiums for something.
Use their service.
