If you’re involved in a car accident, will you know what to do next? After you’ve received medical care and talked with your insurance company, how can you protect your rights?
After being involved in a car accident or any other type of personal injury accident, you should call a personal injury attorney. These professionals can help you understand your case, assess its full value, and if needed, represent you in court. But how exactly do you know whether or not you need a personal injury attorney? If you believe you’re partially at fault, could pursuing a lawsuit even hurt you?
To understand these various aspects, let’s break down what a personal injury attorney does and how these lawyers can benefit you and your case.
Table of Contents
WHAT IS A PERSONAL INJURY ATTORNEY?
A personal injury attorney is a lawyer who provides legal representation for any plaintiff who claims they suffered physical or psychological injury as the result of the actions or negligence of another person or organization. Personal injury lawyers specialize in a field known as tort law, which protects and compensates those who have been injured by negligent, intentional, or reckless actions. These laws are designed to compensate the victims and to discourage others from committing similar infractions.
WHAT TYPES OF CASES DO PERSONAL INJURY ATTORNEYS HANDLE?
Personal injury law covers a wide range of accidents, which can make it confusing to know whether your case falls under this category of law. The best way to know for sure is to call a personal injury law firm and provide details about your case. Since most Denver personal injury law firms provide free consultations, this will only cost you a few minutes of your time.
Here are some of the common types of cases handled by a personal injury lawyer:
- Car accidents
- Bicycle accidents
- Truck accidents
- Drunk driving accidents
- Medical malpractice
- Product liability
- Pedestrian accidents
- Motorcycle accidents
- Head and brain injury
- Back and spinal cord injury
- Bad faith insurance
- Texting while driving accidents
- Wrongful death cases
Any accident where injury was caused by a liable party (which could be an individual, company, or government organization) is fair game for a personal injury attorney. If you aren’t sure whether your suit falls under this umbrella, it never hurts to make a quick call to learn more.
HOW CAN A PERSONAL ACCIDENT LAWYER HELP ME?
It’s common to think of personal accident attorneys helping you in the courtroom. However, the majority of their responsibilities are outside of the courtroom. The following section discusses those duties in detail.
Case Discovery and Investigation
Preparing the right settlement for your case depends heavily on the investigation and discovery phase. Personal injury lawyers investigate your case and compile evidence by hiring expert witnesses on your behalf.
Lawyers have different methods for conducting their investigation. Some hire other investigators, and some conduct the investigation themselves. Investigators interview witnesses, gather on-scene evidence, examine police and employer reports, and compile vehicle photos. If there were adverse conditions at the site where you sustained your injury, personal injury lawyers would also archive those.
If authorities did not document the accident with photo or video evidence, the investigator would travel to the accident site to do so. Some examples of evidence that authorities often overlook are skid marks and accident debris.
The investigation process also includes your medical bills and records. Your attorney will need access to your medical records and statements to build your case and hold the insurance company accountable. Because personal injury cases involve sensitive information such as your medical bills, you’ll want to hire an attorney with whom you feel comfortable.
The final part of the investigation process is attorneys collecting witness statements and performing depositions. Depositions are under-oath interviews with witnesses that strengthen your case. Without these statements, building your case is very difficult.
Correspondence With Insurance Companies
Dealing with insurance companies is the last thing you want to do after an accident. Regardless of your type of injury, be it an auto accident, premises fall, or on-the-job injury, insurance companies will want recorded statements. The flow of information in these interactions can undermine your claim.
There are a few ways personal injury attorneys protect your case from insurance company interference. Personal injury attorneys can refuse insurance companies’ interview requests by acting as an insurance attorney. They also provide valuable coaching for when you issue statements.
Detecting Product Flaws
Personal injury attorneys will do everything they can to uncover product flaws in strict liability cases. If a defective product caused your injury, attorneys research to find any prior lawsuits. Trying to obtain product testing reports is challenging if you’re not an attorney.
If a defective product injures you, the company or liable insurance agency may try to hide flaws by tampering with the product. For this reason, you must obtain testing on the defective product quickly. If you aren’t an attorney, it’s challenging to get such tests. Attorneys ensure an industry expert inspects the product in question right away.
Handling Financial Compensation
Personal injury attorneys take your financial compensation seriously. They ease your economic concerns by contacting your employer to discover lost wages and estimate your injuries total damages.
Your settlement shouldn’t only account for initial damages. It should also account for future medical bills and lost income. Personal injury lawyers understand how to estimate those total costs accurately, protecting you from insurance companies minimizing your financial strain.
Explaining Your Rights
Personal injury laws vary from state, so having an expert explain them is crucial to getting the most out of your case. Colorado uses comparative negligence for accident and injury cases to determine your entitled compensation.
Comparative negligence assigns fault as a percentage. For example, if the court determines you’re 10% at fault for your accident or injury, you’re entitled to 90% of the total compensation. Having a personal injury attorney take your case ensures you only take the blame for what was your fault.
Guiding Legal Decisions
Good personal injury attorneys consult you through the legal process with your best interest in mind, giving you the control to make the decisions in your best interest. The most common guidance personal attorneys can offer is teaching you how to deal with insurance companies trying to pay as little as possible.
After an injury, you have every right to be upset. But anger, fear, sadness, and uncertainty cloud judgment skills. Personal injury lawyers serve as a calming influence so that you can make sound decisions with a level head.
Court Representation
The majority of cases settle outside of court, but if you go to trial, do you want the responsibility of defending yourself? Insurance companies can deny your claim, and in these cases, having a personal injury lawyer puts you in the best position to fight the case in civil court.
BENEFITS OF HIRING A PERSONAL INJURY ATTORNEY
Many people hesitate to hire a personal injury attorney because they believe their insurance company will handle everything. However, this often isn’t the case. Insurance companies will try to limit the amount they pay out—even on valid claims. After all, insurance companies are still working to make a profit.
Some plaintiffs may also hesitate to call because they don’t think their accident necessitates financial compensation. Deciding whether to pursue compensation is difficult, but you shouldn’t simply ignore your accident or assume your insurance company has your best interests in mind. To understand the full complexities of your case and the full financial value of your claim, you’ll want to work with a personal injury attorney.
Here are some of the benefits of hiring a professional personal injury lawyer:
- Legal issues are complicated. A personal injury lawyer can help you understand the complexities of your case and help you choose the best options for your case.
- They can help you receive the proper medical care.
- They’ll stand up to other lawyers and insurance companies.
- Personal injury attorneys are experts at the art of negotiation.
- They can help you make a rational, objective decision.
- They can help you receive financial compensation fast.
- Peace of mind – after an accident, the last thing you should worry about is handling your own lawsuit.
DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?
While every personal injury accident is unique, most stand to benefit from the knowledge and expertise of a personal injury attorney. For example, if you work with a Denver truck accident law firm, they’ll know the ins and outs of these types of suits and give you the best chance of winning. Even if they don’t end up taking your case, they can outline the legal aspects of your accident and help you determine your next step, and refer you to another firm.
To help you determine whether or not you need to hire a personal injury attorney, consider how you’d answer the following questions.
1. How bad are your injuries?
Take a slip and fall accident as an example. Let’s say you slide on a wet floor at a store and only slightly bruise your elbow: a minor injury like this likely won’t warrant a personal injury suit. However, if you slip on the wet floor and break a bone or get a concussion. These injuries can be expensive, time-consuming, and impact your career. These are all reasons that you’ll want to get a personal injury attorney involved with your case.
2. Have you determined liability?
Who or what caused your accident? In many accidents, it may not always be crystal clear and many states have shared liability laws that disperse liability between multiple parties. These laws impact the financial compensation parties are eligible to receive. Even if the other party is clearly liable, they can deny responsibility, hoping you don’t seek legal representation.
3. Can you afford all your medical expenses?
Whether it’s a car accident, motorcycle accident, pedestrian accident, or any other type of personal injury incident, the medical expenses can pile up fast. If you have trouble affording these expenses, consider calling a personal injury attorney. Most personal injury lawsuits include compensation for medical expenses, both physical and emotional, and can potentially cover lost wages caused by the accident.
4. Are you having problems with your insurance company?
As previously mentioned, your insurance company may not always have your best interests in mind. Following an insurance claim—even one that is completely valid—your insurance company may refuse to honor the claim, provide only a partial payment, or fail to thoroughly investigate the incident.
These are all examples of bad faith insurance when an insurance provider fails to hold up their end of the bargain. Even if your insurance company simply doesn’t return your calls or delays the process, you’ll want to call a personal injury attorney to back you up.
QUESTIONS YOU SHOULD ASK A PERSONAL INJURY LAWYER BEFORE HIRING THEM
You should ask a personal injury lawyer certain questions before having them formally take your case. Choosing the right attorney will save you time, resources, and help your case go as smoothly as possible. Here are some questions you should keep in mind when speaking with a personal injury attorney:
- What are your fees? (Most personal injury lawyers work on contingency fees, which means that they only get paid if you win your case).
- Do you have a history with personal injury cases similar to mine?
- How much time and how many resources will you dedicate to my case?
- Will you be personally handling my case? (Sometimes, personal injury lawyers will hand off cases to less experienced associates).
- How long does it usually take to resolve a case like mine?
- Will my case go to trial?
- What is your firm’s success rate going to trial?
- What is my case worth? (While your personal injury lawyer may not initially have an exact number, they should be able to provide a rough estimate).
- What is my personal role in this lawsuit?
- Can I speak to any of your previous clients?
These are just a few of the important questions you should ask your personal injury attorney in the preliminary phase of your case. A reputable personal injury lawyer will welcome these questions and strive for open and clear communication. If they’re unable to answer some of these questions, this may be an early red flag.
CONCLUSION – DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?
If you believe you’re the victim of a personal injury accident, don’t wait to reach out to an experienced and professional personal injury attorney. These specialized lawyers will help you understand your case, determine its true value, and fight for you at trial if needed.
At the Paul Wilkinson Law Firm, we’re dedicated to defending the rights of anyone involved in a personal injury accident, including car accidents, truck accidents, motorcycle accidents, wrongful death cases, and more. Even if you believe you’re partially at fault, we can help. Our team of specialized personal injury lawyers will do what it takes to ensure that you receive fair compensation for your injuries.
Contact the Paul Wilkinson Law Firm to schedule a free consultation. We look forward to helping you receive the justice you deserve!
