Finding the right personal injury law attorney can literally be the difference between life-changing financial security and life-changing financial stress.
Your decision should not be taken lightly. But with so many different factors to consider, where do you even begin?
We’re here to help break it all down.
What You Need to Know:
- What Do Personal Injury Law Attorneys Actually Do?
- Why Hiring a Lawyer is Better than Going it Alone
- The 5 Stages of a Personal Injury Lawsuit
- How to Choose the Right Personal Injury Attorney for You
- Realistic Settlement Expectations
What Do Personal Injury Law Attorneys Actually Do?
Simply put: they represent clients who have been harmed in an accident through no fault of their own.
That covers anything from car accidents and slip and falls, to medical malpractice, defective products, and workplace accidents.
But here’s what you should know:
A personal injury lawyer handles every facet of your case. From filing the claim, to negotiating with insurance companies, and possibly taking your case to court.
They build your case. They gather evidence. And they consult experts if needed.
If an insurance company denies your claim, your attorney is the person pushing back on their behalf.
Your attorney knows how to prove these three things:
- Negligence
- Injury caused by negligence
- Significant damages as a direct result of the injury
Without proof of these three things, you have no case. This is why hiring a personal injury attorney is so important.
Why Hiring a Lawyer is Better than Going it Alone
Here’s where many victims shoot themselves in the foot.
Many injury victims believe they can handle their legal claim on their own. They think the insurance company will deal with them fairly. They’re okay taking the first settlement offer they receive.
DON’T MAKE THIS MISTAKE!
When you hire a lawyer, you are significantly more likely to be awarded a higher compensation package. Plain and simple.
Statistics show that plaintiffs who used an attorney earned settlements 4.4 times higher than those who didn’t. Additionally, 91% of those with legal representation obtained a settlement payout.
This is huge.
Without legal counsel, you’re putting your future on the line.
Insurance companies hire lawyers whose job is to pay you as little as possible. If you don’t have a professional on your side advocating for you…you’re already at a disadvantage.
The 5 Stages of a Personal Injury Lawsuit
Knowing how a claim goes from injury to resolution can set you apart from other claimants. Here is what you can expect:
Stage 1: Case Review
Your attorney will sit down with you to review the circumstances around the accident. Was anyone else involved? Was there insurance? Were there any witnesses?
They’ll use this information to determine whether you have a case. During this stage, most attorneys offer a free consultation to see how they can help.
Stage 2: Investigating Your Injury
If they think you have a case, their next job is to build your case file. They’ll collect police records, medical bills, witness testimonies, surveillance footage — whatever they can get their hands on to prove your injury.
Stage 3: Filing Your Claim
Your attorney files your claim with the responsible party, usually their insurance company. This starts the legal ball rolling and puts you within specific time limits. Yes, even injury lawsuits have an expiration date. This is called a ‘statute of limitations’ and is different for every state.
Missing this deadline will void your ability to collect any compensation at all. This is why hiring a professional right away is so important.
Stage 4: Negotiation and Settlement
Here’s a fun fact:
Nearly 95% of personal injury lawsuits are settled out of court. They’re called settled cases because both parties agree to a financial settlement instead of going to trial.
On average, settled claims payout around $52,900 USD. Of course, serious injuries will command higher payouts.
Some insurance companies will offer claimants 40-60% less than they should actually expect to receive. It is your attorney’s job to negotiate with insurance companies and fight for what you deserve.
Stage 5: Trial
This is where the vast majority of cases end. But if yours is one of the few that proceed to trial, you’ll be glad you hired an experienced trial attorney.
Trial cases tend to payout significantly more than settlements. Of course, they also require more time and money. But your attorney will walk you through every step of the process.
How to Choose the Right Personal Injury Attorney
Just like all lawyers, personal injury attorneys come in all shapes and sizes. Take your time and do your homework. Ask around. Get referrals. And most importantly, don’t be afraid to interview multiple lawyers before making your decision.
Experience with YOUR type of injury claim. Personal injury lawyers specialise in different areas. Some focus on vehicle accidents. Some focus on medical malpractice. Know the details of your accident, and make sure your attorney has previous experience dealing with your specific case.
Know their fee structure. Many work on a contingency basis (they get paid when you win), but not all. Know what you’re paying before you sign on the dotted line. Typically, fees range from 25% to 40%.
Communication. How will they keep you updated? Can you easily reach them? Your attorney should be responsive and upfront during the consultation process. If not, things won’t improve once they accept your case.
Do they go to trial? Just because the chances of your case going to trial are slim, doesn’t mean you want an attorney that avoids courtrooms like the plague. Insurance companies offer higher settlements when they know you have an aggressive lawyer that means business.
Ask these questions before agreeing to work with an attorney:
- How many cases like mine have you won?
- How many cases have you taken to trial?
- Who will I work with directly on my case?
- How often will you personally update me on my case?
What to Expect From Your Settlement
Every accident and injury is different. Your settlement will be determined by a number of factors:
Severity of your injury. Leaving permanent scars or trauma? You’re going to get more than someone who made a full recovery.
Medical bills. Did you go to the hospital? How much were your treatments? These costs will be factored in.
Lost wages. Were you unable to work due to your injury? Or has your injury impacted your ability to earn a living in the future?
Pain and suffering. “Pain and suffering” settlements are calculated by multiplying your economic damages by a number between 1.5 and 5.
Percentage of fault. Pure comparative negligence states allow you to claim compensation even if you’re found to be partially at fault. But your settlement amount will be reduced according to the percentage of fault placed on you.
Most car accident injury settlements take between 6-14 months to be completed. However, more complicated cases like medical malpractice can take upwards of 31 months.
Patience is key. One of the biggest mistakes accident victims make is rushing their settlement.
Wrapping Up
Your personal injury attorney does more than just ‘file your claim.’ They manage your case from start to finish.
Hiring a lawyer drastically improves your odds of getting a payout, and increases the size of that payout.
Personal injury lawyers help you…
- File Your Claim
- Negotiate With Insurance Companies
- Gather Crucial Evidence
- Consult Experts When Needed
- Go to Trial (If Necessary)
Remember…
- Get an attorney who understands your specific type of injury claim
- Act quickly — these cases are time-sensitive
- Know what you’re getting yourself into before you sign any paperwork
- Don’t accept the first settlement offer!
