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When Do You Need a Personal Injury Attorney?

Edward Gates by Edward Gates
June 26, 2024
When Do You Need a Personal Injury Attorney
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Personal injury lawyers specialize in providing legal representation to individuals who have been injured, physically or psychologically, as a result of negligence or wrongdoing by another person, company, government agency, or entity. Determining when you need a personal injury attorney depends on the specifics of the situation and the nature of the injury.

Understanding Personal Injury Law

Personal injury law encompasses various types of cases, including:

  • Automobile accidents: Car, truck, motorcycle, and pedestrian accidents.
  • Premises liability cases: Injuries that occur due to unsafe conditions on someone else’s property.
  • Medical malpractice: Harm caused by a healthcare provider’s negligence.
  • Product liability: Injuries caused by defective or dangerous products.
  • Workplace accidents: Injuries sustained in the course of employment, not covered by workers’ compensation.
  • Assault and battery: Intentional acts causing harm to another person.

Given the diversity of cases, the need for a personal injury lawyer can vary widely.

Signs You Need a Personal Injury Lawyer

There area signs indicating a case requires the help of a personal injury lawyer. These include:

Severe Injuries

When you sustain severe injuries, the stakes are higher, both in terms of medical costs and long-term impacts on your life. Severe injuries might include broken bones, head or brain injuries, spinal cord injuries, significant disfigurement or scarring, or permanent disability.

In such cases, the compensation requested is also higher, and insurance companies are likely to fight harder to minimize their payouts. A personal injury lawyer can help ensure that all current and future medical expenses, lost wages, pain and suffering, and other damages are adequately covered.

Long-Term or Permanently Disabling Injuries

If an injury has resulted in long-term or permanent disability, the financial implications can be enormous. You might need ongoing medical care, assistive devices, home modifications, or vocational retraining. Calculating the full extent of these future needs and negotiating a fair settlement requires the expertise of a personal injury lawyer. They work with medical professionals and life care planners to ensure that your claim accurately reflects your future needs.

Disputed Liability

In many personal injury cases, the liable party (or their insurance company) may dispute who is at fault. If liability is contested, it can be challenging to prove that the other party is responsible for your injuries. A personal injury lawyer can gather evidence, such as witness statements, accident reports, and expert testimony, to build a strong case demonstrating the other party’s negligence or wrongdoing.

Multiple Parties Involved

Accidents involving multiple parties can complicate the determination of liability and the division of compensation. For instance, in a multi-vehicle accident, several drivers might share fault, or in a product liability case, multiple manufacturers might be involved. A personal injury lawyer can navigate the complexities of such cases, ensuring that each party is held accountable and that you receive the compensation you deserve.

Insurance Company Bad Faith

Insurance companies have a duty to act in good faith when handling claims. However, they sometimes engage in practices that unfairly deny or delay compensation, such as:

  • Denying a claim without a valid reason
  • Failing to investigate a claim promptly
  • Offering an unreasonably low settlement
  • Delaying payment without justification

If you suspect your insurance company is acting in bad faith, a personal injury lawyer can intervene. They can negotiate with the insurer, file a lawsuit if necessary, and pursue compensation for any additional damages caused by the insurer’s actions.

Medical Malpractice

Medical malpractice claims involve complex medical and legal issues, requiring specialized knowledge to prove that a healthcare provider’s negligence caused harm. Common examples of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors, medication errors, and birth injuries.

Personal injury lawyers with experience in medical malpractice can navigate the intricacies of these cases, work with medical experts to establish the standard of care, and demonstrate how the healthcare provider’s actions deviated from that standard.

Exposure to Toxic Substances

If you’ve been exposed to toxic substances at work, home, or through consumer products and have suffered health problems as a result, you may have a toxic tort claim. These cases often involve scientific and medical evidence, and multiple parties may be liable, including manufacturers, employers, and property owners. A personal injury lawyer can handle the complexities of these cases, including identifying the responsible parties, proving causation, and negotiating settlements.

Wrongful Death

When an injury results in death, the deceased person’s family members may file a wrongful death claim. These cases seek compensation for the survivors’ losses, such as funeral expenses, loss of income, loss of companionship, and emotional distress. A personal injury lawyer can help families navigate the legal process, ensuring that they receive the compensation they need to move forward.

When to Seek Legal Advice

Knowing when to consult a personal injury lawyer can impact the outcome of your case. Here are some indicators that it’s time to seek legal advice:

You’re Unsure of Your Rights

If you’re unsure about your legal rights or the value of your claim, a consultation with a personal injury lawyer can provide clarity. They can explain the laws applicable to your case and help you understand the potential outcomes.

You’re Dealing With an Uncooperative Insurance Company

Insurance companies are in the business of minimizing payouts. If you’re struggling to get a fair settlement or facing unreasonable delays, a personal injury lawyer can advocate on your behalf.

You’re Offered a Quick Settlement

Insurance companies may offer a quick settlement to close the case before the full extent of your injuries and damages are known. Accepting an early settlement can result in inadequate compensation. A lawyer can evaluate the offer and negotiate for a fairer amount.

You’re Facing High Medical Bills and Lost Wages

If your injury has resulted in medical bills or lost income, it’s crucial to have legal representation to ensure that all your economic and non-economic damages are accounted for in your claim.

The Legal Process Is Overwhelming

Personal injury claims involve numerous legal procedures, paperwork, and deadlines. A lawyer can handle these tasks, allowing you to focus on your recovery.

Personal injury cases can be draining. Knowing when to seek the help of a personal injury lawyer can make a difference in the outcome of your case. Whether you’re dealing with severe injuries, disputed liability, multiple parties, or an uncooperative insurance company, having a skilled lawyer on your side ensures that your rights are protected and that you receive the compensation you need. Consulting a personal injury lawyer early in the process can help you navigate the legal landscape with confidence and secure a fair resolution to your case.

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Edward Gates

Edward Gates

Edward “Eddie” Gates is a retired corporate attorney. When Eddie is not contributing to the American Justice System blog, he can be found on the lake fishing, or traveling with Betty, his wife of 20 years.

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