6 REASONS WHY IT’S WORTH HIRING A PERSONAL INJURY ATTORNEY TO MANAGE YOUR CASE

If you’ve been involved in a car accident, I can understand why you might hesitate to reach out to a personal injury attorney.

You might ask yourself questions like, “if I wasn’t injured, do I need legal representation?” Or, “the insurance company will surely take care of it for me, right?”

And you’ll no doubt ask yourself, “aren’t attorneys expensive?”

My answer to each of these three common questions is: it depends. The First Hand Guide to Selecting a Boston Personal Injury Lawyer Wisely

There are many undeniable benefits of hiring a personal injury attorney, whether you suffered an injury or not. On the most basic level, an experienced personal injury attorney understands the legal process and has an informed opinion on the best path towards a resolution. But at the end of the day, it is up to you to decide whether you want to seek legal representation or not.

To help you make that decision with confidence, I’ve written this article to share my best advice on when it’s worth hiring an attorney and when you might be able to handle your case on your own.What Are the Duties of a Personal Injury Lawyer?

Is It Worth Hiring an Attorney For Your Personal Injury Claim?

Personal injuries in the workplace or injuries resulting from an auto accident can be potentially life-changing events. As a rule of thumb, the more serious the injury, the more complex the case, and the more beneficial a personal injury attorney will be for you.

If you’re skeptical, trusted referrals can help you find a reputable, accomplished attorney to give you peace of mind that you’re making a smart decision with your case.

Now then, below, you’ll find six clear reasons that it’s time to lawyer up and get serious about putting your case in the management of a legal professional.

6 Reasons to Hire a Personal Injury Attorney

1. You Suffered Injuries from the Accident

As I mentioned, serious injuries are common in motor vehicle accidents. They may even be the norm for accidents that occur at very high speeds.

And if you’ve suffered an injury yourself, a personal injury attorney can be the valuable asset you need to get the compensation you deserve for your damages.

A personal injury lawyer can help you get the most out of your injury claim or lawsuit. And if your accident left you with any of the conditions below, you should definitely seek professional legal representation.

  • Permanent Disability
  • Temporary disability
  • Pain and suffering
  • Severe Injury

If you are suffering from an injury that resulted from someone else’s negligence, then you should be more concerned with your recovery and getting well than fighting for your rights to fair compensation. Allow an attorney to fight for you.

2. Liability is Unclear

If it is unclear who the negligent party was—who is to blame for the accident—you should contact a lawyer.

If liability is unclear, it is your responsibility to prove your innocence. To do this, you will need an abundance of evidence proving your injuries resulted from someone else’s negligence.

In the case of a car accident, for example, police records, photos of the accident, the official accident report, medical records, and eyewitness testimony are all pieces of evidence you must collect, organize, and use to make your case.

If you believe someone else was at fault for your injuries because of negligence, then you must prove the responsible party’s negligence to have a legitimate case.

And if you were partially at-fault for the accident—or completely at-fault—, then you should definitely seek the counsel of an attorney.

3. You Need Help Negotiating with the Insurance Company

Insurance adjusters are notoriously challenging to work with. An experienced attorney who is skilled in the art of persuasion and negotiation can help.

Your goal as an injury victim is to fight for maximum compensation for your injuries. Suppose you have medical bills or property damage or pain and suffering that require significant financial resources. In that case, you owe it to yourself and your future to do everything you can to get the most money possible (fairly, of course).

Injury victims want a fair settlement, but insurance adjusters will do everything in their power to limit your offer. Make no mistake: their definition of “fair settlement” seldom matches yours.

On your own, an insurance adjuster will almost certainly have the advantage over you. They know the law. They know how to convince you that a low-ball offer is in your best interest when it isn’t.

An experienced attorney will intervene, handle the insurance company for you, and help level the playing field with effective negotiation to prove your case’s true worth.

4. Victims With Legal Representation Receive Larger Settlements10 Best Personal Injury Lawyers In Florida | Florin|Roebig

As I just explained, on their own, claimants are not always capable of reaching the best possible outcome for their case (in terms of compensation) because they are not trained, negotiators. Claimants who seek the services of a personal injury attorney, on the other hand, tend to receive larger settlements across the board.

According to a report conducted by the Insurance Research Council, settlements were 40% higher when claimants were represented by a lawyer.

Think about it. An attorney who knows all the tricks and the strategies understand what levers to pull that will lead to the ideal resolution.

In a way, attempting to manage a personal injury case on your own is akin to learning how to drive for the first time. If you have never done it before, you may be in for a bumpy ride.

5. There’s No Cost to You if You Don’t Win

One of the most common concerns about hiring an attorney is the subject of cost.

The jokes around this subject are a dime a dozen. Indeed, most legal professionals’ hourly rate exceeds that of the average work occupation, but here’s the thing: almost every personal injury attorney in the country operates on a contingency fee basis.

Which means you pay nothing unless you win.

If you have ever visited a personal injury law firm website, you’ve no doubt seen the invitation to schedule a free consultation. I have the same offer at my own firm, Bruscato Law.

There is no cost to you upfront—no legal fees of any kind. It is only when your case is won that payment enters the picture.

In most cases, the attorney’s fee will be a flat percentage, usually between 20% – 40% of the final settlement award. In this sense, there is no out-of-pocket cost to hire an attorney. It is simply deducted from your settlement offer if a satisfactory outcome is achieved.

6. An Attorney Can Go to Trial for You

If the settlement offer is too low, or if the opposing party refuses to settle, an attorney can move to take your case to court.

Attempting to represent yourself in a court of law can be a reasonably daunting proposition. Bruscato Law Firm can represent you and try your personal injury case in a court of law, should it come to that.

Contact Bruscato today for a free case evaluation.

Managing Your Own Case

I have just covered six reasons why it makes sense to hire a personal injury attorney. If you are still thinking of managing your case by yourself, I’ll explain the conditions under which it might make sense to do so.

Typically the circumstances have to be just right for someone to successfully manage their own case and get a fair settlement offer. If you fall under any of the following scenarios, you may be able to manage your case alone, but even then, I would still recommend you seek legal advice before making that decision.

Minor Injuries, or No Injuries At All

Minor car accidents happen every day, and in many cases, nobody is physically injured.

Parking lot accidents, rear-ends, and other low-speed accidents can cause vehicle damage, but if they don’t result in an injury, then you may be able to handle the situation yourself.

Filing an insurance claim with your insurance company or the other drivers may be enough to claim compensation for the accident. If it turns out you are satisfied with the service and the settlement awarded to recoup your damages, then you may not need to involve an attorney.

You Live in a No-Fault State

Another reason why you might consider handling your case by yourself is if you live in a no-fault state.

The no-fault states are:

  • Florida
  • Hawaii
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Puerto Rico
  • Utah

No-fault states don’t allow you to sue a negligent driver unless your injuries surpass a certain degree of severity. Severity is determined by the seriousness of the injuries or the cost of treating them.

In a no-fault claim, you are limited to covering your damages and losses with personal injury protection insurance coverage (PIP). But if your injuries are severe enough and exceed this coverage, then contacting an attorney may be a good idea.

You’re a Confident Negotiator

If you are looking to claim a fair settlement, you must be prepared to negotiate with the insurance adjuster.

If you are the rare breed of human who is a confident, capable, and effective negotiator, then handling your case solo may be just fine.

To get the maximum settlement offer on your insurance claim requires that you make the best possible case for your injury and convince the insurance company to award you a payout you believe is fair.

Insurance adjusters are not interested in giving you what you want. They are looking to provide you with the bare minimum that your insurance policy permits.

Effective negotiation is key to maximizing your payout. But if you aren’t confident in your abilities, an experienced attorney can negotiate on your behalf.

You’re Willing to Become an Amateur Attorney for a While

If you are the kind of person who insists on figuring out everything on your own, then handling your own case may be the right decision. There are many moving pieces involved in the legal process that you must understand if you want to make a convincing case.

Whether it’s medical malpractice or advanced personal injury law, you basically have to become an amateur attorney and put in the time first to understand the legal landscape, and second, operate in it to reach a satisfactory resolution.

Keep in mind, the statute of limitations in Louisiana is just one year. So if you intend to hit the books and study up on personal injury law, just realize that the clock starts ticking the day your accident occurs.

Bruscato is a Leading Personal Injury Law Firm in Monroe, Louisiana

As you know by now, there are many clear benefits to hiring an experienced attorney to manage your personal injury lawsuit or claim.

A personal injury lawyer will not charge you upfront, and they will have a deep understanding of the legal process and know how to fight for your legal rights to fair compensation.

If you have questions about your case or want to speak with a personal injury attorney, contact Bruscato Law Firm today for a free initial consultation. John Bruscato is a personal injury attorney with in-depth knowledge of car accident cases, workers’ compensation, and personal injury. He works on a contingency basis, which means you pay nothing unless you win.

5 tips for building a good relationship with a personal injury attorney

When you suffer serious injuries in an accident or are the victim of medical malpractice, your life changes in an instant. In the midst of your ordeal, you may decide to hire a personal injury attorney. You want to have a good relationship with your attorney. Here are five tips to help you build and maintain that relationship.5 Benefits to Having a Personal Injury Lawyer Represent You

Do your research when selecting an attorney

It’s always a good idea to do your research before selecting an attorney to represent you in a personal injury or medical malpractice matter.

Oftentimes, family and friends are good sources of information. Ask if they have worked with personal injury or medical malpractice attorneys in the past, and if so, what experiences they have had. Make a list of potential attorneys to interview.

Once you have a list, make initial calls. Ask the attorney whether he or she has experience handling cases similar to yours. On the other hand, bear in mind that each case is different, so an attorney may not necessarily be able to provide you with concrete answers about your case. You might also ask for examples of that attorney’s successes. It is also important that you and the attorney have good rapport with one another. You may be working with the attorney for a length of time, so you want to feel comfortable communicating with him or her. If you don’t like talking with the attorney on an initial call, things are unlikely to change if you hire him or her.

Once you decide on hiring an attorney, make certain you ask about how the attorney will be paid. Most personal injury and medical malpractice attorneys are paid on a contingent fee basis.

Give your attorney records and information about your case

After you have hired a personal injury or medical malpractice attorney, you’ll need to provide that attorney with information about you and your case. For example, you want to have a copy of any medical records detailing what happened, along with any medical bills you’ve received. If you have any photos documenting the accident or your injuries, make certain that your attorney has those as well.Is It Worth It To Hire A Personal Injury Lawyer In Illinois? | Willens Injury Law Offices

Establish expectations

When you first meet or talk with your attorney, ask about the next steps in pursuing your case. Discuss the best ways to contact your attorney and how often you can expect updates from your attorney. Finally, ask whether your attorney will be handling your case personally, or whether you will be primarily working with support staff, such as a paralegal or secretary.

Note concerns and questions you want to address

You should keep an ongoing list of any concerns or questions you have during your personal injury or medical malpractice lawsuit. Then, when you communicate with your attorney next, you can have those issues addressed in a succinct, timely fashion. Keep a record of responses you receive so you can refer to them later, if needed.

Keep your attorney informed

Make certain you keep your attorney informed about changes in your contact information and updates in your treatment plan. Additionally, make certain you provide your attorney with copies of any important documents.The Ultimate How-to Guide for Finding an Expert Witness. - My Expert Witness

Share all information with your attorney, even if you think it may be unfavorable to your case. Your attorney is best equipped to represent you well if he or she is aware of all the relevant facts, good and bad.

Remember, working with an attorney is to your advantage in a personal injury or medical malpractice claim. An attorney will know how to defend against an insurer’s tactics to settle your claim for less. Ultimately, your attorney is your advocate, so you get the compensation you need to move forward in your life.

Tips on Finding a Reliable Personal Injury Lawyer

The majority of personal injury cases are a result of wrongful death claims, medical malpractice, product liability, premises liability, and car accidents. The need to find a reliable attorney in case of a car accident cannot be overemphasized. Having a reliable accident attorney will take care of all legal matters to allow you to focus on recovery. The car accident lawyer fills all the paperwork, calculates fair settlement amounts, and offers the needed legal advice. They negotiate with insurance companies, gather evidence to reinforce the case, and if need be, represent you in court. Here are sure-fire tips to help you know the best car accident attorney in town.

Adam S. Kutner Accident & Injury Attorneys

1. Crystal Clear Communication

A seasoned accident attorney will help you understand all that is happening in every step of the legal process. There shouldn’t be any gray areas in terms of the process, values, fees, etc. The lawyer needs to be direct to the point when answering your questions. Having a clear picture of all that is going on ensures that you don’t leave the attorney’s office with more questions than answers. The inability to offer clear insight during your first meeting is a red flag. This could mean suffering a communication breakdown down the line after hiring them.

2. Engaging Conversation

Going for a lawyer who is more than interested in your case is among the best decisions you can ever make. On the flip side, an accident attorney who seems disengaged will likely not input the needed effort. Working with such a lawyer puts you at a big disadvantage because you might get a smaller settlement if any. Identifying an engaged lawyer isn’t that hard. A good one will inquire about your legal goals as well as ask detailed questions regarding your accident case.

3. Ready to Offer References

Asking for a number of references that you can reach out to and speak to is crucial. References help clients have a better understanding of the lawyer’s reputation. Even if you do not talk to the references, you can trust a law firm that doesn’t hesitate in providing them. Any lawyer that has qualms about providing references, or doesn’t have any, is a no-go zone.

4. Smart Office Space

5 Best Personal Injury Lawyers In Town 'N' Country, Florida - Florin|Roebig

The more organized a law firm is, the more organized its working space will be. Remain hawk-eyed on how the staff goes about their work and how neat the attorney’s desk is. Frequent shuffling through paper files when looking for a document and at the same time struggling to pick calls paints a bad picture. Such scenarios tell you that they aren’t as organized and this compromises their capability of handling your case.

5. Experience

An accident attorney with the needed experience is better because he/she has already learned the ropes of the industry. Although new law firms in town can at times deliver great results, hiring an attorney with years of experience puts you in a safer pair of hands.

In addition to having relevant experience, checking out their track record is equally important. A lawyer that seems to be on a winning streak is the best. Although you are not guaranteed the same result, the odds are heavily in your favor with an attorney who wins most cases. On the other hand, keep off law firms that seem to always be on the losing end lest you join their list of disgruntled clients. Keep in mind there are attorneys who advertise their services yet they have never represented someone in court. Such will try to have you settle for a pittance despite deserving more. The aggressive nature of insurance companies helps them know attorneys that are shy of going to trial. Working with a lawyer who’s not equally aggressive means the insurer is likely to table absurd offers. The insurance company might even delay in settling your case should they note that your lawyer is simply shooting blanks.

6. Sufficient Resources

Is It Worth It To Hire A Personal Injury Lawyer In Illinois? | Willens  Injury Law Offices

Personal injury cases can at times be a costly affair due to the many experts involved. Preparing the case involves professionals such as doctors, biomechanics, economists, and accident re-constructionists. Therefore, your accident attorney should have sufficient resources that allow them to bring such experts on board.

How Clients Can Help Their Attorneys in an Injury Case

Attorneys carry much of the responsibility for ensuring that a personal injury case is successful. However, legal representation is a partnership, and you need to work with your attorney to get the best resolution to your case. While your attorney will handle the legal aspects of the case, you will have many responsibilities as the client—duties that can increase your settlement amount and help win your case.  Personal Injury Lawyer Rhode Island Kirshenbaum & Kirshenbaum

Helping Your Attorney Succeed

Your first responsibility after your personal injury is to make sure you stay up to date with your medical care. If you cancel appointments or don’t follow your treatment plan to the letter, the other parties in your case may assume that your injury is not serious. You should keep any follow-up appointments, and follow all recommendations made by your doctors and specialists.

As a client, you can also greatly benefit your case by:

Aiding in gathering evidence.

Most attorneys will give you a list of the kinds of documentation they need, including a record of the time you missed from work, your medical records from all the facilities that treated your injury, your various insurance policies, and a statement in your own words about how your injuries have impacted your daily life.

Telling your attorney the truth.

You should not lie or hide any details that could be relevant to your case. If you fail to disclose information to your lawyer, he will be less prepared during the case. If you are not sure if something is relevant, it’s best to tell your attorney rather than withhold the information.

Keep your lawyer informed.

What does a personal injury lawyer do in case of an occupational accident

The details of your case may change as the case progresses, and you need to share new evidence, medical progress reports, and communication from insurers and employers with your attorney. If you cannot make a meeting with your lawyer or attend court proceedings, always let your lawyer know as soon as possible.

Have You Been Injured Due To The Negligence Of Others?

If you’ve been injured you need to speak with an experienced personal injury lawyer as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help clients in Providence, Warwick, and all areas of Rhode Island.

4 useful blog posts about personal injury

Most of the blog posts we publish at Nelson Law Group, PC cover a variety of family law topics. But we are also experienced personal injury lawyers who are always here to explain your rights and defend you when it matters most.

Why is having a personal injury lawyer in your corner important? When you are injured in an accident – automobile accidents, injuries that occur on property owned by someone else, or someone else’s actions – you must deal with the physical pain and the impact the injuries have on your ability to work, care for your children, and attend to your daily activities. Cases that seem simple rarely are, and you need a lawyer who can offer you an honest assessment that helps you make the best choices for your case.

If you have been injured in an accident and feel someone else is at fault, contact us today. In the meantime, we are proud to say our library of blog posts on personal injury is as comprehensive as it gets and is worth taking a look at before sitting down with one of our team members.

Below is a roundup of 4 useful blog posts about personal injury:

Victim Of A Hit And Run Accident? Here Is What You Should Do

Being a victim of a hit and run accident can be a traumatic and frustrating experience. Mishaps like these, apart from injuring you, also leave you feeling confused and angry. So, instead of finding yourself confused and helpless in such a situation, here are a few tips on what to do when you are involved in a hit and run accident.

Injured At Work? Claim For The Injury In The Right Way

Claiming a personal injury can prove to be very tricky when you have been injured at work. Before making a claim, understand that workers are not only entitled to a workers’ compensation. There are exceptions to this rule where personal injury claims apply. To know where you fall, keep reading this blog post.

Questions To Ask Your Personal Injury Lawyer

This blog post is great for those clients who are the victim in a potential personal injury claim. Review this to make sure they have chosen the right attorney for their case. Before you proceed, you may want to ask about the following.

How Your Personal Injury Claim Is Evaluated By Lawyers

When you apply for a personal injury claim, the evaluation of the claim depends on two factors. The first is the experience and evaluation of the situation by your PI attorney.  The second is the way insurance companies evaluate claims using computer programs. The initial step in the process of personal injury evaluation is getting the facts and detailed description of the incident from the victim. An injury claim is often a lengthy process; the attorney must evaluate the client’s case to check if its good fit for the firm.

The Lawyer-Client Relationship in Personal Injury Cases

Personal injury lawyers are civil litigators who represent clients, often referred to as plaintiffs, who are alleging physical or psychological injury as a result of negligence or careless acts by another person, company, organization or government entity.

Understanding the Lawyer-Client Relationship - McKenzie Lake Lawyers LLP

Personal injury law is a broad term that encompasses a number of different situations where a victim has endured physical or psychological damage.  The types of cases that personal injury lawyers typically handle fall within the area of tort law that include slip and fall accidents, motor vehicle accidents, flawed products, and other recreational accidents or accidents that result in serious personal injuries.

The role of a personal injury lawyer is to act on behalf of their injured client to negotiate fair compensation for damages sustained during an incident.

Lawyers who practice personal injury law help their clients obtain compensation for losses incurred, such as loss of income, loss of capacity to earn, inability to perform activities of daily living, pain and suffering, loss of companionship, emotional distress and legal costs.

Individuals that seek advice or representation from a lawyer should be aware that the lawyer is bound by strict standards of professional and ethical responsibility.  In Alberta, lawyers are governed by the Law Society of Alberta and the Code of Conduct sets out the lawyer’s obligations to their clients, courts, counsel and to the public.

FIDUCIARY DUTY TO THE CLIENT

VALUE ADDITION TO LAWYER-CLIENT RELATIONSHIPS IN PANDEMIC TIMES - The Daily  Guardian

Lawyers are under a ‘fiduciary duty’ to their clients.  Lawyers owe a duty of good faith and must act honourably.  It is a lawyer’s predominant duty to perform legal services on behalf of his/her client to the standard of a competent lawyer.  A client is entitled to expect that his/her lawyer has the ability and the capacity to deal with legal matters.

Lawyers have a fiduciary obligation to their clients and must act honestly and be candid at all times.  Lawyers must also act in good faith to advance their client’s best interests.  A lawyer is obligated to take all actions and give advice that will benefit their client and must use professional skill to protect their client’s best interests.

SOLICITOR-CLIENT PRIVILEGE

One of the most important principles of the lawyer-client relationship is the right to have your private communications with your lawyer protected by solicitor-client privilege.  Your lawyer can’t reveal any information that you disclose in confidence, unless you give your express permission.  However, this privilege does not apply to communications for the purpose of committing a crime or an act of fraud.

The duty of confidentiality allows clients to participate in honest and frank communication with their lawyers.  This, in turn, allows lawyers to provide their clients with the most effective representation, equipped with all of the relevant facts.

In order to claim solicitor-client privilege, three pre-conditions must be met.  The communication must be:

  • Between the lawyer and the client;
  • For the sole purpose of seeking or giving legal advice; and
  • Intended to be confidential by the parties.

CONFLICTS OF INTEREST

Lawyers also have a duty not to act or continue to act for a client where a conflict of interest exists.  A conflict of interest may occur where there is a risk that a lawyer’s representation of a client will be adversely affected by the lawyer’s own interest or his/her duty to another client or third parties.

For example, a conflict of interest may arise where a lawyer is asked to represent a client in a matter where the lawyer has a personal stake in the outcome.  Another example is where a lawyer is asked to act for a client in a case against a former client.  In these situations, the duty to avoid conflicts of interest requires that the lawyer refuse to act in these circumstances.

YOUR ROLE AS A CLIENT

How to Destroy Attorney-Client Privilege Without Really Trying -  ColoradoBiz Magazine

In general, there are a variety of ways that you as a client can establish the most effective relationship with your lawyer.  These include the following:

  • Be truthful with your lawyer;
  • Preserve all evidence including photographs and videos;
  • Be cooperative and respond to requests for information by your legal team in a timely manner;
  • Always keep your lawyer informed of any changes in your medical condition or if new evidence becomes available as time progresses;
  • Attend meetings and legal proceedings, such as discoveries or mediation, advised by your lawyer and be punctual, and if you cannot attend a meeting let your lawyer know as soon as possible; and
  • Be considerate and polite with your lawyer and the entire legal team.

Hiring a lawyer is one of the most important decisions you make following your accident and the quality of legal representation you receive can have a major impact on your recovery.

If you or a loved one have suffered serious personal injuries as a result of the negligence or carelessness of a third party, it is important to have an experienced personal injury lawyer by your side.  The professionals at our service are very familiar with how personal injuries can negatively impact one’s life and we want to help you during this difficult time by advocating on your behalf.  Call our office for a free initial consultation to determine how we can help you with your personal injury claim.

11 Things Everyone Should Know About Personal Injury Lawsuits

The truth is; after a car accident, the last thing you want to do is focus on all the details in a long, drawn-out court case. You already have enough on your mind without having to worry about keeping track of insurance companies, doctors’ visits, and lost time at work. It’s just too much to handle! That’s precisely why so many people who experience injuries in car accidents contact a personal injury law firm.

With that in mind, below we have explained the 11 most important things everyone should know about personal injury lawsuits. Even if you decide not to work with a personal injury lawyer, we hope you keep these tips in mind. Following these 11 rules could make a huge difference in the outcome of your case.

 

 

1 – You Have a Limited Time to File a Lawsuit

lawsuit

The statute of limitations exists in every U.S. state to limit the period of time a victim or the state has to bring legal action against a defendant. The time limit varies from state to state and varies based on the alleged crime committed.

Florida Statute § 95.11(3)(a) sets the personal injury statute of limitations at four years from the date the accident occurred.

Tennessee Code TN Code § 28-3-104 (2015) sets the personal injury statute of limitations at one year from the date the accident occurred.

Be sure to follow the letter of the law and file your personal injury lawsuit sooner rather than later. Once that time is elapsed, you will likely have no recourse and no ability to file a lawsuit.

2 – The Sooner You Call A Lawyer the Better

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Talking too much to insurance companies or some members of law enforcement can change the outcome of your case. Even if you are the victim, you could misspeak and decrease the chances of receiving the settlement you deserve. This happens more often than you may think!

Our advice is to call a lawyer and get legal counsel as soon as possible. Don’t sign anything or agree to any recorded conversations with any third parties until you have discussed it with your personal injury lawyer.

3 – Seek Medical Attention

ambulance

You don’t have to wait until you have spoken to a lawyer to get medical attention, you can go out and seek medical attention as soon as possible. You may need to seek out medical attention before any of your physical injuries get any worse.

In many cases, you will be reimbursed for all medical costs by the negligent driver’s insurance company. Be sure to keep all documentation and every single receipt.  The most important thing is to focus on your health. Personal property can be replaced, but your health must be attended to immediately.

4 – Look for Personal Injury Lawyers Who Offer A “No Fee Guarantee”

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Most personal injury lawyers work on a contingency fee basis which means you only pay if you win your case. The lawyer’s fee will be paid directly from your settlement amount. You pay nothing out of pocket. These contingency personal injury law firms are quite common and you can find them with a simple search online. Ask the firm if they work on a contingency basis.

In these cases, the law firm will determine if your case has a chance of success.

5 – Statistically, Those Who Hire Lawyers Are Awarded Larger Settlements

money

Studies have shown that, in general, those who hire personal injury lawyers receive larger settlements. The studies suggest that victims who hire an attorney will receive a settlement that is typically 3.5X larger than those who do not.

Additionally, roughly 85% of settlements that insurance companies send out, are to victims who have hired a personal injury attorney.

6 – Pain & Suffering Covers a Broad Spectrum of Things

bandaide

This is not just about the car, or about your medical bills. Pain and suffering include mental distress suffered as a result of the accident as well as other life-altering changes that resulted from the accident. Pain and suffering are determined by the following formula: “Pain and suffering are usually calculated using the total medical bills multiplied by the severity of subjective distress which is decided on a scale of 1 to 5.”

Personal injury lawsuit settlement amounts can and will vary. Though most personal injury cases follow a somewhat defined formula, each individual case is unique. There is no way to know how much you should sue for personal injury, but your personal injury attorney can help you navigate those questions.

7 – You Have to Follow Instructions Carefully

checklist

Follow instructions from your doctor and your lawyer. All medical advice, rehabilitation exercises and, restrictions must be adhered to while the case is ongoing.

Additionally, be sure to follow all medical advice after the case over. You cannot ask for more money for further injuries after a case has already been settled. So follow your doctor’s advice and heal up correctly.

Always check with your lawyer before signing anything related to the case and be sure to follow your lawyer’s advice and guidance carefully as well.

8 – Keep All Your Documentation

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You will receive lots of physical documents and receipts as well as lots of emails and electronic documents. It’s important that you keep track of them all.

This can be tough, especially over prolonged periods of time. Trying to locate a receipt 6 months later can be very difficult if you do not create a reliable filing system.

  • Physical Documents & Receipts: head down to your local stationery store, or shop online for a file folder that you can use exclusively for keeping physical documents. Get in the habit of placing all documents in this folder as soon as you get home. Keep it in a safe place!
  • Electronic Documents & Emails: Create a virtual file folder in your email account (all email accounts have this option!). Create a file labeled “lawsuit” and be sure to drag and drop/move all your emails and electronic confirmations into that folder for easy access later.

It takes you two minutes to ensure that all files are stored correctly when you receive them, and this habit will save you hours and possible headaches in the future when you can access all those documents at the drop of a hat.

9 – You Have to Represent the Issues Correctly

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Avoid social media and posting photos or updates that downplay your injury. It will be held against you. Avoid minimizing your issues. If you are in pain, you must speak up. You should not feel ashamed of getting the compensation that you deserve.

It’s important to remember that pain and suffering are considered when determining the settlement amount you may be awarded.

To determine how much you should get for pain and suffering, courts will rate your distress on a scale from 1 – 5. Therefore, if you minimize your rating, you will be entitled to less. Do not let your shame prevent you from collecting a settlement that is rightfully yours.

10 – Personal Injury Cases Can Take Time to Settle

gears

When clients ask how personal injury settlements are paid out, we can tell them that most cases are settled out of court. Though, both our Tampa personal injury attorneys, our West Palm Beach personal injury attorneys, and our Nashville personal injuries attorneys are not afraid to take a case to court to get the full amount if we know we can get what our client deserves. And that’s the difference between Steinger, Greene & Feiner as compared to our personal injury attorneys.

Personal injury settlement checks arrive anywhere from four to six weeks after the case is settled. Though this is the average. Speak with your attorney to understand exactly how long it will take to receive your check.

11 – Stay Motivated

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Keep a positive attitude and stay motivated throughout the lawsuit process and trial if you reach that stage. Remember to focus on your health and above follow the instructions of your lawyer and doctor.

Reach out to friends and family and be sure to keep your employer in the loop if you feel comfortable sharing or if you have been told to by your lawyer or doctor. The trick is to stay the course and believe in your legal representation.

If you or someone you love has suffered a workplace injury, a slip and fall injury, or a car accident injury, reach out to an attorney who can guide you through this process and make you whole again.

WHAT IS THE ROLE OF A PERSONAL INJURY LAWYER?

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Personal injury lawyers are civil litigators who represent clients – commonly referred to as plaintiffs – alleging psychological or physical injury as result of negligence or careless acts by another person, company, entity, government agency or organization. Personal injury lawyers practice in an area known as tort law. This area of law specializes in civic or private wrongs or injuries, monetary or nonmonetary damages. This includes defamation and actions of bad faith or breach of contract to a person’s reputation, rights or property.

Although personal injury lawyers are armed with licenses to practice in all facets of law, they usually handle cases falling within tort law, such as work injuries, flawed products, accidents caused by slips and falls, road accidents and other related accidents. Personal injury lawyers help their clients secure compensation for losses incurred. These losses include the loss of capacity to earn, inability to perform normal duties, suffering, and pain. They also include expenses that may arise, the loss of companionship, legal costs, emotional distress and attorney fees.

The attorney will ensure clients are safe from being victimized by companies that offer insurance and the established legal system. Personal injury lawyers are often referred to as trial lawyers, although most of their cases are settled before going for a full trial.

What are the duties of a personal injury lawyer?

Personal injury lawyers have many duties in aiding their clients. These duties include both ethical and professional codes of conduct and rules provided for by the associations that license the lawyers. Once the state bar association licenses them to practice law, the lawyers can file complaints in court, argue cases, prepare legal documents and offer professional legal advice to plaintiffs of personal injury.

Personal injury lawyers have the sole responsibility for talking to and interviewing clients and assessing their cases. They further identify the pertinent issues within the client’s case, and thereafter conduct research to build a solid case. The most important professional mandate of a personal injury lawyer is to help clients obtain the compensation and justice they deserve after undergoing losses and suffering. This is done through client counseling, advocacy, legal advice and oral arguments. The case normally heads for trial when both parties fail to reach an amicable settlement.

Personal injury lawyers are expected to follow strict set principles of legal ethics when executing their mandate with clients. While the specified guidelines vary from state to state, each lawyer is expected to evaluate legal issues while exercising due diligence in any legal matter commenced. They owe plaintiffs the onus of confidentiality and allegiance as they work to protect their client’s best interests and not their own.

What are the credentials of a personal injury lawyer?

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To successfully practice personal injury law, passing a written bar exam is mandatory in addition to a written ethics exam. These examinations vary from state to state. The majority of states require applicants to have a college degree and a law degree from an institution that is accredited. Non-accredited law schools have minimum set requirements before they are permitted to offer these courses.

As a prerequisite, most states require a Multistate Bar Examination (MBE), a Multistate Essay Examination, a Multistate Expert Responsibility Exam and a set state bar exam as a prerequisite. Other states incorporate a Multistate Performance Test as well.

Once qualified and admitted to the bar, they are required to keep abreast with the current development in their fields by continually taking legal education courses. These courses are designed to ensure that personal injury lawyers remain updated in law-related developments, with the number of required hours varying from state to state.

Personal injury lawyers tend to concentrate on specific areas of law. By specializing, they are able to amass the required knowledge and experience to take them to the top of their field. There is a special certification program that personal injury lawyers must complete before they are referred to as specialists. The American Bar Association is responsible for this certification. Although individual states regulate their own lawyers, they still adhere to rules of professional responsibility as stated in the United States Constitution.

These certification programs come with set standards of knowledge, competence and experience that must be attained before personal injury lawyers are called specialists.

Once personal injury lawyers pass the bar exam and are licensed, they can deviate to any specialty within the law profession. However, legal ethics demand that inexperienced lawyers should not represent a client without first enlisting help or learning the issue at hand. To provide the highest quality representation for their clients, most lawyers prefer sticking to a particular area of law, thereby dedicating all of their resources to this area. Within personal injury, a lawyer has a massive number of possible claims. These include accidents, product liability, medical malpractice, wrongful death, workplace injury and more. Some lawyers choose to go further and devote all of their energy and time to a single area of litigation in the personal injury law field, becoming very thorough and experienced at arguing specific types of cases such as work accidents, aviation accidents or medical mistakes.

What is the career makeup of a personal injury lawyer?

Personal injury lawyers are free to start private practice by themselves, join a midsize firm or opt for a large firm as an associate. They are also free to partner. The ones who enter private practice offer more individualized advantages to clients. These practitioners usually take on smaller cases and charge lower fees. In terms of numbers, small law firms usually have two to ten lawyers, midsized law firms have ten to fifty. Big law firms often have more than 50 lawyers.

How is a personal injury lawyers usually compensated?

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Professional fees are based on a number of factors, including energy, time, outcome, difficulty, prominence, the experience of the lawyer, and the associated costs of the case. A lawyer may offer the plaintiff a number of payment options, including contingency fees, flat fees, hourly rates and retainers. The most common option is the contingency fee. This protects the client because payment is pegged on the success of the case. Here the lawyer receives a percentage of the awarded amount after a successful trial or settlement. The average mark is 30 percent of the awarded amount. An hourly charge is also a common option. This is where the plaintiff pays for every hour the lawyer represents them. A flat fee option is also available. A flat fee is paid prior to the commencement of the trial. Lastly, some options combine all or more than one of the above options.

HOW LONG WILL IT TAKE TO SETTLE MY PERSONAL INJURY CLAIM?

Personal injury claims may have some similarities, but each one is unique, making it difficult to determine exactly how long it will take to settle a claim without first knowing specifics. Some personal injury claims are settled quickly, perhaps within a few months. Others, particularly those involving serious or catastrophic personal injury, can take several years to settle.

When you are injured in an accident, it is best to speak with an attorney before you accept a settlement offer from an insurance company. While expediency may be a driving factor for you, insurance companies are driven by something else entirely: if they can get you to accept an offer before you talk to an attorney, you will have waived your ability to seek additional compensation. This often results in victims struggling for support long after the settlement has been used up.

WHY PERSONAL INJURY CLAIMS TAKE TIME

When you sustain a serious injury, there are several steps that will need to be taken to ensure you are not cheated out of the full compensation your injury demands. Insurance companies will not pay more than a policy’s limit, even in cases where that limit is clearly inadequate. For example, if your injury has resulted in $100,000 in medical expenses, but the party responsible for your injury has a policy limit of $50,000, the insurance company will offer $50,000 maximum. Once the insurer’s liability has been met, they are under no obligation to pay more, regardless of the actual damages you are facing – and even in these cases, the maximum payout will only be awarded if the other party is clearly liable.

Establishing liability is the job of a personal injury lawyer.

Establishing Liability

In order to establish liability, an investigation may be necessary. Your personal injury lawyer may need to work with an accident reconstructionist, medical professionals, and other experts to determine exactly how an accident occurred, who is at fault, and what kinds of damages can be expected in the long term. This process can take several months, but is essential for determining what your personal injury claim is worth.

Damages in a personal injury claim may include:

  • Current and projected medical and rehabilitation costs
  • Current and projected future lost wages
  • Home modifications and adaptive technologies (wheelchair, prosthetics, etc.)
  • Costs related to permanent/irreversible consequences (paralysis, loss of a limb, etc.)
  • Property damage
  • Any other expense related to your accident and injury

Personal injury claims often seek compensation for pain and suffering as well. Pain and suffering will not be considered in initial insurance settlement offers.

 

Winning Your Personal Injury Claim: 6 Tips from Our Personal Injury Attorneys

Winning Your Personal Injury Claim: 6 Tips from Our Personal Injury Attorneys

Knowing how to win your personal injury claim will not only help you ensure your rights to compensation are protected but also help you get the full compensation you deserve so you have the financial resources to continue your recovery. While it seems like the process should be straightforward, after all, you were injured and the liable party should compensate you, protecting your rights can be a complex task. Here’s how to get a settlement case started the right way and give yourself the best chance to win in or out of court.

  1. Understand The Three Pillars Of A Personal Injury Case

When you build a personal injury claim to seek compensation, you need to stay focused and organized. Building a case that supports the three criteria for proving your right to compensation is how to win your personal injury claim. The three factors you need to be able to prove are:

  • You were injured.
  • The injury was a direct result of action or inaction taken by the defendant.
  • The defendant had a responsibility to act in a way that would have prevented the injury but failed to do so.

As you gather your evidence, it should support one or more of these points. Once they’re proven, then the court will look at the extent of the damages done to you, but without these three criteria being met, your claim will not be successful.

  • Get Help From An Experienced Personal Injury Attorney

Personal Injury Lawyer who has a track record of courtroom success can help you understand how to win your personal injury claim and get the settlement you need. The earlier you get your lawyer involved, the better it can be for your case. The defendant, their insurance company, or a representative may try to get you to issue a statement immediately after the injury or try to pressure you into accepting a settlement which is far less than what you’re owed.

Your attorney will explain the process of moving forward with a claim, how to win a personal injury settlement, and your options for protecting your case while you recover. They’ll advise you on your rights, speak to and negotiate with the defendant on your behalf, and fight for you in court if your case goes to trial. Making sure you have experienced legal representation can be a deciding factor in the success of and personal injury lawsuit.

  • Don’t Wait To Get Medical Treatment

Even if you don’t think your injuries are serious, being seen by a medical professional is more than just your right, it’s also a smart move. Being checked out can help spot injuries you may not feel immediately after an accident due to confusion or adrenaline. It also provides documentation, which is part of how to win your personal injury claim. If you are injured, the medical visit provides early evidence that links health complications to the accident.

As your immediate medical needs are satisfied and you move to a phase of treatment centered around recovery and recuperation, you have a responsibility to work toward improvement, and this includes seeking the appropriate continuing care. This continuing care also provides ongoing evidence of the injury, its continued cost in time and money, and the ongoing effect it has on your life post-accident.

  • Collect Your Own Documentation

While medical bills offer a clear representation of the money you’re being charged for treatment, that is often not the full extent of the damage you’ll deal with. Make sure to keep track of lost wages for the time spent at medical visits or recovering, transportation costs, and other charges which you would not have incurred without the injury. In addition, You’ll want to make a record of how any pain or suffering has affected your quality of life.

Pain and suffering can be hard to quantify because it doesn’t come with an easy, objective statement. It is incredibly personal and every individual experiences it differently. How to win a personal injury claim with pain and suffering damages is to be able to show documentation of your experience. This includes journals, diaries, photos, or videos that capture the effects of your injury or that show the difference between your lifestyle before and after the injury occurred. This can also include statements from friends and a look at extemporaneous accounts, such as those which may be found on social media, of your experiences or those of the people close to you.

  • Be Careful What You Say

Speaking of social media, it can be incredibly important or incredibly damaging to your case. Just as with seemingly innocent statements immediately after the accident, such as, “I’m okay,” or, “I should have been more careful,” social media posts can be used by the defendant against you in a court.

Make sure you aren’t making statements that could imply you are healthier than you are. Avoid disclosing communication between yourself and your lawyer or any proposed legal strategy. You are absolutely free to express yourself online or in-person however you see fit, but consider how it might be perceived by a judge or jury before you do so.

  • Let The Personal Injury Claims Process Work

In many instances, patience is how to win a settlement that is the best fit for your situation. The personal injury claim process can take months to complete, and during that time negotiations will likely include a range of offers and counteroffers.

It may be tempting to take a fast settlement, but that may not be the best choice for you in the long run. Your lawyer will fight for your rights and can help you understand the facts surrounding any communication or offer you receive so you can make the best decision for your needs.

Get a Free Consultation With a Personal Injury Lawyer Today

A free initial consultation is the first step toward pursuing your rights to fair compensation following a personal injury. Your personal injury attorney will work to understand the specifics of the case, set the expectations about the personal injury lawsuit process, and help you understand the next steps. Let us make your case our cause. Contact Personal Injury Lawyers for experienced legal representation that knows how to win your personal injury claim today.