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When Do You Need a Lawyer to Pursue Your Personal Injury Claim?

When Do You Need a Lawyer to Pursue Your Personal Injury Claim?

When Do You Need a Lawyer to Pursue Your Personal Injury Claim

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Every year, over 5 million Americans are injured in car accidents, accidents at retail locations, industrial accidents, and household accidents. If someone other than the injured person could have and should have prevented the accident, then the injured person might be entitled, under the law, to compensation from the person who could have and should have prevented the accident under a body of civil laws called "tort law."

There are entire industries of attorneys who specialize not only in personal injury litigation, but in particular forms of personal injury litigation. Some attorneys focus on car accidents and trucking accidents, some attorneys focus on workers' compensation claims, some attorneys focus on claims against public entities like transit authorities, and some attorneys focus on claims against the manufacturers of household appliances. For virtually every type of personal injury claim, there are laws particular to those claims, and lawyers experienced in bringing those particular types of claims.

A common question is, when do you need a lawyer to pursue your personal injury claim?When Do You Need a Lawyer to Pursue Your Personal Injury Claim?


For some claims, there is no question. If a family member has died, for example, in an airplane crash, or as the result of medical malpractice, then the survivors will need to hire an attorney to pursue the claim. As a rule of thumb, claims against licensed professionals, and claims involving serious permanent injury or death, should be pursued through an attorney. Those types of claims are typically so complex, and so expensive to pursue, that a non-lawyer may not be able to win compensation at all and if they do win, will win a much lower amount that if an attorney had represented them.When Do You Need a Lawyer to Pursue Your Personal Injury Claim?


That said, the majority of personal injury claims do not arise from professional negligence or malpractice, and the majority of personal injury claims do not involve serious permanent injury or death. In those cases, an injured person deciding whether or not to contact an attorney should first themselves two questions: do I know how to file my claim, and do I know the deadline for filing?

If you do not know the answer, then you should talk to an attorney. Most personal injury attorneys offer free consultation in which they will let you know about the statute of limitations for your claims. At that point, you can openly discuss with the attorney the merits and value of your claim and reached a decision about representation by an attorney.

If you choose not to be represented by an attorney, or if the attorney declines to represent you (which is sometimes the case in risk or low value, lawsuits) you can start negotiating the claim yourself with the insurance carrier for the person or company responsible for the accident. As long as you are mindful of the statute of limitations, and any other restrictions on when and how you file your claim, you can negotiate directly with the insurance company. In general, insurance companies are slow to offer settlements, but where the injured person can support their claim with medical bills and property damage, and where it seems clear that the insurance policyholder was at fault, insurance companies sometimes do offer modest settlements for people with minor and non-permanent injuries.

There is no secret recipe in negotiating with insurance companies, but watch what you say because it could be used against you in court later. If you can justify your claim and your damages, the insurance company may be willing to settle to avoid the difficulty and expense of negation. For people with minor, non-permanent injuries, that may be all they need to get back on their feet.
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When Do You Need a Lawyer to Pursue Your Personal Injury Claim?