What claimants should be considering when hiring a personal injury lawyer. Getting insurance companies to pay up when they would rather not.
“When should I hire a personal injury attorney?’ is probably one of the most vexing questions one can ask themselves after sustaining an injury due to an accident- whether from a car crash, bike or motorcycle wreck, slip and fall, work calamity or any other type or mishap. Your decision should be informed by the answers to several questions. After you have thought through each of them, you’ll have a better idea about whether or not you should retain legal counsel.
According to one legal firm out of Canada website: https://valentlegal.ca/ specializing in personal injury law – some of the most overlooked questions when it comes to seeking compensation after incurring personal injury are ‘how significant was the injury – how severely has that injury affected a person’s health, ability to earn an income among other considerations was the injury the result of another party’s actions, or even lack of- and and most importantly the result of negligence?’
In many smaller cases, not all injuries will require the use of a lawyer. If your injury is minor and you have the time to work on the legal and insurance claims on your own, it is possible for you to settle your own claim. Doing so will often save claimants one third of a received payout that would normally go to an attorney.
That said- most responding insurers – especially if there is a lot financially at stake – will seek to offer a minimal amount of money in the hopes the claimant will go away- and by doing so – often forfeiting sums an experienced and savvy personal injury lawyer could have otherwise gotten on behalf of their client given their understanding of case law and experience in prior litigations and settlements.
Beware of Insurance Companies
In a bid to make the lowest possible payout and maintain the highest profit possible – insurance companies spare very little in resources in making sure the deck remains stacked in their favor. Often flush with money and able to hire experts, attorneys and even private detectives to spy on you– insurers have little hesitation in ‘nickel and dime wherever possible and save the company money, to the claimant’s detriment’ according to legalzoom.
Combatting insurance companies general inclination to make the lowest payout and claimants need to get a leg up is often served by hiring a savvy and well equipped personal injury lawyer firm. Such outlets often have seasoned attorneys on staff who have spent many years dealing with the law, and presumably vast experience when it comes to negotiating with insurers – knowing when to press a case or and when to concede- and having a general ballpark knowledge of what they can reasonably expect to get on behalf of their clients.
Similarly such firms also offer other benefits, including paralegal services, their own access to private investigators, press if need be and the general ability to counsel and manage a personal injury case- particularly the more complicated it is, and the more hardball and sometimes underhanded the respondent and their insurance company are.
Also important to keep in mind- personal injury claims are bound by the statute of limitations which dictates how long you have to file. Each state has its own standards- with some states offering one year to as long as six years, often conditional on specific variables. Remember- the statute of limitations usually begins running on the day that the you were injured and not the day one files.
Where did personal injury take place and how that affects negotiations:
According to the National Safety Council – most injuries are sustained either at work, via vehicle or at home. Other areas where injury or accidents or damage is sustained also include medical malpractice, defective product mishaps, slips and falls involving unsafe property with the caveat – did another party’s actions or negligence cause lead to the aggrieved party incurring physical injury, medical or property damage bills as well as loss of opportunity?
A person injured on the job is more likely to have an uphill battle getting an equitable settlement as opposed to a personal injury sustained at a property or in a car accident. Not only will claimants have to show how the employer’s negligence led to personal injury or even loss of life– employees can expect to fight a company’s resolve to pay as little as possible for lost wages the worker will forfeit in the future – possibly in the years to come or try to claim that you were not ‘fully’ following workplace protocol in a bid to lower claims against them. Other concerns will include the employer’s reluctance to meet a claimant’s medical costs and even their propensity to fire you or demote claimants in some instances. All concerns that a well vetted personal injury lawyer firm will seek to adroitly address on behalf of their client at the ‘negotiating table’.
Precaution to take leading to less need for litigation:
Sometimes the above issues can all be avoided or limited to remote instances when individuals make sure to exercise extra care when driving – say for example during bad weather, to eliminate any drinking prior to setting out (to thus mitigate claims you also are to blame) researching the doctor or medical firm or hospital they intend to hire or stay at- an employer’s prior incidence of work related injuries and what others have reported.
Conversely manufacturers and property owners can mitigate the potential of future legal claims against them by making sure they adopt a highly-skilled installation process as recommended by fabric installing outlet, calhounsuperstructure.com or any high quality industry project. Of course there was this recent property disaster in Sydney, Australia – which led to all residents having to abandon their newly acquired multimillion dollar apartment dwellings.
While no injuries were suffered- building management was forced to contend with legal claims of loss of residence-along with reimbursing owners for loss of rental income and until just a few months ago forced to pay for affected residents’ alternative accommodation – when it happened again– this time at another nearby luxury building residence.
Vehicle drivers are also advised to make sure they have the most up to date safety standards in place- which many car manufacturers continue to provide – often as a selling and marketing advantage. Such installations might not stop an accident occurring and the the need to eventually hire a personal injury lawyer – but then again it may contain the damages caused and injuries inflicted- and even save your life. Something no lawyer can do for you.