when to decide to use a personal injury attorney

by Jacynthe Thompson 7 min read

You should hire a personal injury lawyer whenever you are injured in an accident or through negligence or wrongdoing. A personal injury lawyer helps you seek compensation for your injuries.

Full Answer

Do I need a personal injury lawyer?

If you are stating to yourself, “I need a personal injury lawyer,” make sure you are picking one who represents only plaintiffs (injury victims and does not represent the interest of any insurance carrier) on personal injury cases. Many personal lawyers brag on billboards and television commercials about the settlements they have obtained.

When should you hire a personal injury lawyer after an accident?

You need to hire a personal injury lawyer as soon as you possibly can following an accident. The insurance companies started working out how to trip you up and defeat your claim the minute the accident happened. Every hour of delay gives them a head start.

How do personal injury law firms help clients?

Personal injury law firms have support staff to help give the client the best experience and the best chance of prevailing in their case. Support staff can include but is not limited to: an investigative team that includes private investigators, state-of-the-art computer technology, and a network of top liability and medical experts.

Can a lawyer represent only a specific type of injury?

And even if your case falls under the lawyer's expertise, the lawyer might represent only plaintiffs with a specific type of injury.

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What factors does a personal injury lawyer consider in deciding whether to take a case?

Even if you have significant injuries and liability seems clear, a number of factors could derail your case, including:your shared fault for the underlying accident.your delay in getting medical treatment for your injuries, and.your (perceived) credibility.

What percentage do most personal injury lawyers take?

33%As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.

How are personal injury settlements paid?

When a settlement amount is agreed upon, you will then pay your lawyer a portion of your entire settlement funds for compensation. Additional Expenses are the other fees and costs that often accrue when filing a personal injury case. These may consist of postages, court filing fees, and/or certified copy fees.

How do lawyers negotiate settlements?

The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.

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Well, When?

You should hire a PI attorney whenever you’ve been injured due to someone else’s negligence, that’s when. Contrary to popular belief, this does not just mean car accidents, though they are generally the most common type of client found in a PI setting. This includes motorcycle accidents, DUI accidents, slip and falls, and wrongful death.

Key Takeaway

It is important to know the benefits of a personal injury attorney and how it can augment the results of your case in receiving compensation for your injuries. Unlike other firms, we at Lowman Law Firm are PI attorneys invested in your case, and in your recovery.

How to get a personal injury attorney?

Contact the personal injury attorneys on your list and arrange initial consultations with them. Many attorneys provide this service free-of-charge, while some charge their regular or a reduced hourly rate. The initial consultation is a time for you and the lawyer to assess your legal problems. It is also a chance for you to decide whether you want that personal injury attorney to advise or represent you. Look for someone you feel confident will give you good advice and effective representation.

What is a good personal injury lawyer?

A good personal injury lawyer will listen to you, do thorough information and evidence gathering, talk to you about your options, and assist you in pursuing the course of action that you choose. This includes: Handling your case personally, listening to your needs, and responding quickly to your questions.

How can an experienced lawyer help you?

An experienced lawyer will be able level the playing field by negotiating settlements, navigating the pre-trial process, taking your case to trial, and fighting for the compensation you deserve – all with a greater chance of success than if you do it yourself.

What to know when meeting with a lawyer?

When you meet with lawyers to decide who to use, you will want to find out certain things from each lawyer, such as the nature of their personal injury experience, if they have experience with your specific type of injury case, how they handle billing, how they manage cases like yours, etc.

How long does it take to file a personal injury claim in West Virginia?

The statute of limitations for personal injury cases — the time frame during which you must file a claim in the state’s civil court system — is two years.

What is the job of a lawyer?

Ensuring that all court documents, insurance claims, and other paperwork are filed correctly. Systematically gathering crucial pieces of evidence. Interviewing witnesses who saw the incident that caused your injury. Representing your interests during nego tiations with insurance companies.

How to find a qualified attorney?

You can make a list of prospective lawyers by searching online, looking in the phone book or by checking with your local or state bar association. You might even ask friends or relatives whom they would recommend. Knowing what type of attorney you are looking for will narrow your selection process considerably.

Why do you need a personal injury lawyer?

Why? Because the insurance companies started working out how to trip you up and defeat your claim the minute the accident happened. Every hour of delay gives them a head start.

Why do you need a lawyer after an injury?

We know you may be dealing with other physical, emotional, and financial issues resulting from the event.

How much does a personal injury lawyer charge per hour?

These lawyers charge by the hour and they can bill at an hourly rate of $300, $400, $500, and some up to $1000 dollars per hour. Most people cannot afford those high rates. So, the law has provided a way for most people to hire a personal injury lawyer – a “contingency fee” agreement.

What to do if you have suffered a personal injury?

If you have suffered a personal injury as a result of the negligence exhibited by an individual or corporation, hiring an experienced, competent and highly regarded personal injury lawyer or injury law firm is vital. Sadly, I see many individuals attempt to handle their own personal injury claim and fail for several distinct reasons.

How much higher is a settlement when represented by a lawyer?

A study by the Insurance Research Council found that settlements were 40 percent higher when claimants were represented by a lawyer. To make sure you get the maximum compensation you deserve, hire an experienced personal injury attorney that isn’t afraid to try your case.

How to protect your rights after a car accident?

Whether you’ve been injured in a car accident, a dog attack, as a result of a pharmacy error, or have lost a loved one, you should protect your rights by immediately talking to a personal injury lawyer. Do not hesitate. Many states have strict time limits — called a statute of limitations — that limit the amount of time you have to seek compensation for your injury.

What does personal injury mean?

The meaning of “Personal Injury” is quite simple – it means when a person (you) is harmed or injured. People are most commonly injured from car accidents, slip and falls, dangerous conditions on the property, assaults on property, poisonous air or food, harmful products, and any other type of harm-causing situation.

How much does a personal injury lawsuit cost?

Most personal injury lawsuits will require expenditure of at least a few thousand dollars for things like court filings, copying documents, hiring expert witnesses, paying stenographers for depositions, and postage. In a more complex personal injury lawsuit, costs of litigation can easily exceed five figures. Other times, the attorney has the money, but doesn't have the time. Maybe their caseload is too much or they just had an associate leave the firm.

What happens if you sue after the deadline?

Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

What are the red flags for an attorney?

One of the biggest red flags for an attorney is a client who expects too much. This can make settling a case more difficult or lead to disappointment even after a successful win at trial.

Why do you need a copy of a police report?

In a car accident case, getting a copy of the police report can be a big help. It also helps to organize and gather any potential evidence, like your medical records, contact information of potential witnesses, and a timeline of notable events.

Is it too late to sue?

It's Too Late to Sue. All personal injury cases are subject to lawsuit-filing deadlines set by the statute of limitations. Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

Do lawyers have to abide by ethical guidelines?

Lawyers must abide by certain ethical guidelines, including the avoidance of any conflict of interest. Let's say you slipped and fell inside a restaurant, but the attorney you want to hire previously represented that restaurant in a contract dispute. In this instance, the attorney will probably have to reject your case due to a conflict of interest.

Can you change the facts of a case?

While you can't change the underlying facts of your case, you can sometimes take certain steps to make representation more desirable from the attorney's perspective.

How does a personal injury lawyer start?

An experienced personal injury lawyer will start off by listening to you tell your account in its entirety, and provide an opinion on whether you have a case, and how strong your case is. While you are deciding on whether to hire the lawyer, they are also deciding whether to take your case. If you both decide to proceed, your lawyer will start ...

What to do if you have been in an accident?

If you have been in an accident, seriously consider contacting an experienced personal injury attorney rather than trying to sort things out on your own. Personal injury attorneys have experience negotiating fair settlements with insurance companies and those at fault. Personal injury attorneys are also able to pull from experts and evidence to provide a more accurate estimate of the actual damages you suffered, in terms of injuries, treatments, therapy, lost wages, lost quality of life, etc.

What does it mean to have a lawyer gather evidence?

This may mean hiring an investigator, speaking with witnesses and police, and examining the evidence and records that you provide.

Do you have to do it on your own to get money from an accident?

But know that you do not have to do it on your own. We are here for you. Studies show that accident victims receive more money when they work with a lawyer than when they represent themselves.

Do personal injury lawyers charge by the hour?

Most personal injury lawyers offer free consultations, since most work on a contingency basis rather than charging by the hour. After you meet with the lawyer, you should have a good idea of whether it’s a good fit.

Is an auto accident a fact of life?

Auto accidents are a fact of life. Fortunately, some of them really are quite minor in nature. When all parties walk away with no injuries, no pain, and no property damage, they can usually feel pretty confident in their ability to resolve the situation without a lawyer’s help.

Can a personal injury lawyer help you?

If your claim involves more significant injuries (ranging from moderate to severe in nature), a personal injury lawyer may be able to help you recover substantially more financial compensation than you would get on your own.

When do you need a personal injury attorney?

When you’ve suffered a serious injury due to someone else’s actions, inaction, or negligence, you need a personal injury attorney on your side. Finding the right attorney, however, may seem like a daunting process.

What is important in an attorney consultation?

Experience and qualifications are important, but so is personality. If, during your initial consultation with an attorney, you feel like they are impatient, insensitive, or aren’t really listening to you, that’s probably not someone who’s going to do outstanding work on your behalf.

Why do people come to personal injury lawyers?

When you practice personal injury law, you have the chance to help people who are being wronged and taken advantage of.

Why aren't personal injury attorneys doing their jobs?

Personal injury attorneys aren’t doing their jobs because it is convenient, lucrative, or easy. It’s challenging on many levels, but it’s also one of the most fulfilling jobs you could have. About the Author.

What is the stereotype of personal injury attorneys?

The stereotype of personal injury attorneys paints an unflattering picture of a greedy attorney representing greedy clients. Talk to any successful personal injury attorney and you’ll find out that this couldn’t be further from the truth. Clients come to personal injury attorneys at one of the most difficult points in their lives, and they need an advocate that will stand up for their rights against the interests of a formidable, well-funded opponent.

What does it mean when you make a difference in the life of an injured client?

When you truly make a difference in the life of an injured client, you see how important your role is in society. Personal injury attorneys know that an injury affects more than the injured person; it affects their family, friends, workplaces, and communities.

What is the second lesson you can learn from personal injury?

The second lesson you’ll learn very quickly is that there is a real demand for the services of a personal injury attorney. Every day, people are injured by others and left to foot the bill for someone else’s mistakes. The more powerful and wealthy the at-fault party is, the more the injured person is given the short end of the stick, which leads us to our next argument in favor of civil litigation…

Do personal injury attorneys get shakes?

Personal injury attorneys don’t get a fair shake. There’s no need for us to review the jokes and insulting nicknames hurled at us. We’ve all heard them. What we want to do is make the case for practicing personal injury law, not because it’s practical and, in some cases, financially rewarding.

Is personal injury legal practice noble?

It’s easy to be cynical about the services that personal injury attorneys provide, but that cynicism goes away quickly when you or someone you love is taken advantage of. A personal injury legal practice is just as noble as any other profession. Remember, when you choose the type of law you want to practice.

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