When to Hire a Personal Injury Lawyer

In recent years, the U.S. has seen a significant surge in accident victims. According to the latest Centers for Disease Control and Prevention statistics, over 39 million Americans visit the hospital due to personal injury accidents. 

Amidst this surge, a personal injury lawyer plays a crucial role. This civil lawyer provides legal representation to anybody who's suffered an injury due to someone else’s negligence. While there’s no specific guideline as to when you should hire a personal injury attorney, it’s very important to engage the services of a personal injury lawyer shortly after an accident.

Whether it's a minor abrasion from a slip and fall accident, a dog bite, or a life-altering injury from a traffic accident or workplace mishap, these accident experts will examine your personal injury claim, explain applicable laws, and fight on your behalf. You do not want to go without counsel during any part of the process.

Let's look at eight scenarios where it would be advantageous to hire a personal injury expert.

You are significantly injured 

Some personal injury cases can result in life-altering injuries or permanent disabilities. These serious injuries, like a skull disfigurement from a motorcycle crash or permanent ailment from a malfunctioning machine at work, are more complicated, and it takes a skilled lawyer to prove the opposing party's negligence. 

Complex cases also require careful documentation of damages. An experienced personal injury lawyer knows that the stakes are high, and they know how to document damages and maximize the value of your personal injury claim. They will ensure current and future medical expenses and non-economic damages like chronic pain and suffering, loss of quality of life, and trauma are covered in your settlement.

You’ve lost wages 

Income loss is a devastating consequence of personal injuries, and it's a compromise no one should have to make. You must hire a lawyer if your injury interferes with your ability to earn wages, even in the slightest of ways. They will fight with the insurance company to recover compensation for every missed workday and shift and future income (if injury impacts your long-term ability to work).

Liability is unclear

Suppose you’re a hairstylist and broke your arm because a motorcyclist zoomed through a pedestrian crossing. To recover maximum compensation, it’s your responsibility to prove the motorcyclist’s negligence. This requires detailed evidence building, which could include CCTV footage, police reports, medical records, and eyewitness testimony—something you may know nothing about. 

A skilled attorney can conduct a thorough investigation to determine who the at-fault party is. And, by chance, if multiple parties are involved and it’s a case of shared liability, they can develop the appropriate legal strategy to ensure you recoup some financial aid.

Discussions with insurance carriers

Chances are strong that there are going to have to be conversations with your lawyer regarding your medical bills and your property damage. Insurance carriers can be your toughest opponent in an injury settlement case, as it’s their job to do everything possible to delay and minimize the payout.

Legal representative knows how to negotiate with insurance companies and the at-fault party. Your personal injury lawyer will ensure that your medical bills and property damage claims are paid in a timely fashion so you can get your life back on track. The time to start that process and contact your attorney is right after you leave the emergency room or are released by the accident investigation team that arrives to set up the driver information exchange for your accident.

Avoiding medical malpractice statute of limitation issues

If you have a medical malpractice claim, time is of the essence. There are state statutes that require you to put the doctor on notice within a specific time. If you believe that you are a victim of medical malpractice, like a delayed or improper diagnosis that caused long-term health damage, you should engage counsel as soon as you can. 

Your legal team will ensure your injury claim meets the state's statute of limitations so you don't lose your right to file a personal injury lawsuit. Also, medical malpractice claims take time and require a lot of work on the lawyer's behalf. The more time that you give them to work your case, the better off you will be.

Insurance companies have experts; you should too

When it comes to accidents, you never want to do anything on your own other than report the fact that you had an accident. Why? Because insurance companies typically have the deck stacked in their favor.

They have plenty of money, lots of legal resources, and are out to protect their own interests first. Your insurance carrier may try to nickel and dime you wherever possible and save the company money, to your detriment. You want to make sure that you are on an even playing field, or as even as possible, when dealing with these companies, and having your own legal team in your corner does that. That’s why it’s optimal to have your personal injury attorney represent you in these negotiations. 

Have the right medical team around you

In personal injury cases, it’s essential that you get the best personal care as soon as possible because it impacts recovery. A personal injury attorney who is knowledgeable on your state’s personal injury laws can help get you to the right medical experts who can treat you and also serve as good witnesses in your case, should the case go to trial. 

They can also speed up the process by upfronting the medical costs and initiating the claims process immediately.

Personal injury firms have support staff

In some cases, a personal injury law firm may also have medical professionals on staff who can evaluate your claim, tell you what type of personal injury claim you have, interpret the medical records they receive from your physicians, and serve as a buffer between you and the physicians. They will also be able to ensure that you are receiving the best medical treatment for your injuries and best serve your personal injury case by being thorough and professional.

Also, certain personal injury claims require investigative staff and technical experts. For instance, in a car accident case, an accident construction specialist can re-create the accident and provide the lawyer with valuable information that can be used during trials or negotiations with the defense lawyers. Access to these experts strengthens your personal injury claim. 

Advantages of a personal injury attorney

Personal injuries are not just scary, time-consuming, and stressful—they're something you shouldn’t have to tackle on your own. Here are six reasons why you should engage the services of a personal injury lawyer. 

Objective legal expertise

Tackling legal issues is even more challenging after experiencing trauma from an accident or unlawful act. A personal injury lawyer is an expert in tort or personal injury law. They can advise on the following matters: what kinds of situations create grounds for a valid claim, how long you have to make a claim, who you can make a case against, what you must prove to win your case, and what damages you are entitled to if your claim is successful. 

Maximize compensation 

There’s no hiding the fact that insurance companies, claims adjusters, and their lawyers don’t have your best interest at heart and are looking to protect their liability. A personal injury lawyer knows how to tackle insurance companies and their team of professionals. They know the typical insurance tactics used to minimize payout and can control the flow of information.

For example, insurance adjusters might contact you immediately after your accident and request that you complete a form to give them access to your medical information. You may not be aware that your own insurance company can use this information to identify loopholes in the case and hamper your chances of receiving a fair settlement. A personal injury lawyer prevents the insurance provider from overpowering the process and ensures you get the maximum value for your injury claim.

Accurate filing of claims 

Accident claims can bring mountains of paperwork and filing deadlines. These documents are often filled with complex language and exclusions that are difficult for an ordinary person to understand, making it even more likely for them to commit an error. 

A personal injury lawyer thoroughly understands claim procedures and legal terminology and can ensure that all your documents are filed on time, accurately, and with the highest chance of approval.

Thorough investigation 

Most personal injury cases hang on your ability to prove the other’s fault or negligence. You need to support your claim with compelling evidence, and a personal injury lawyer knows how to do just that. They understand the legal evidence required to prove fault and liability.

The accident lawyer can conduct the evidence-gathering process for you—from preserving physical evidence and collecting eyewitness testimony to documenting all medical care you’ve received. More evidence equals stronger cases and, thus, a greater chance of receiving fair compensation.  

Peace of mind 

Personal injuries are emotionally taxing. The stress of fighting with insurance companies, gathering evidence, and preparing for trial can impact your mental well-being and slow recovery. Knowing an experienced personal injury attorney is handling your case will give you a sense of assurance and solidarity that your needs are taken care of and you’re not on this journey alone.

Representation in court 

If your case goes to trial, having a personal injury attorney on your side ensures you have skilled representation. Personal injury attorneys have courtroom experience, are familiar with federal and state statutes, and know how to present evidence and challenge defense lawyers. They can effectively present evidence, cross-examine witnesses, and make compelling arguments to the jury.

Do I need a personal injury lawyer? 

Even a 5 mph collision could cause a permanent disability or severe damage to the back, neck, and spine. Regardless of how simple you think your case is, you can always engage the services of a personal injury attorney immediately. You should never go through this minefield yourself. 

If you don’t have a lawyer, you may leave money on the table by undervaluing your claim. Negotiating against well-equipped insurance companies with teams working to minimize payouts is daunting and can cause unnecessary anxiety and emotional distress. If you’re on the fence about getting legal help or don’t know how to file a claim, get a consultation with one of LegalZoom’s personal injury attorneys. They will assess your case and offer personalized advice, including specific recommendations that will help you secure a fair settlement. 

FAQs

How much do personal injury lawyers cost? 

Most personal injury lawyers work on a contingency fee model. They take on the case for free, with no legal fees, but then charge a percentage of the final settlement award if you win. The contingency fee percentage depends on case complexity, location, lawyer experience, and whether the case goes to trial. The payment terms are specified in contingency agreements between the client and the attorney.

Also, in most cases, there is no charge to you if the lawyer doesn’t recover any money, so there is no risk to you in engaging counsel as soon as possible. 

How should I select a personal injury lawyer? 

While selecting a personal injury lawyer, consider their experience (including trial track record), claims success rate, and working style. Choose a lawyer with whom you feel comfortable and who has a proven record of success in cases similar to yours over someone who is at the top of online search results. 

In fact, many personal injury lawyers offer a free initial consultation so you can discuss your case, get to know them, and decide if they are the best fit. 

Scott Alan Salomon contributed to this story.