When to Hire a Personal Injury Law Firm
Insurance companies try to settle injury claims as quickly and as economically as possible, knowing that protracted litigation for a claim costs them money. Settling a claim out of court lets the insurance company close their file and move on to the next claim as soon as possible. But this may not be in your best interest, depending on the injury sustained and treatment needed to bring you back to health.
When you’ve been in an accident and sustained injuries, the insurance company of the person at fault will likely contact you and offer to settle the claim immediately or in a very short period of time. Be very careful dealing with the company, and if you feel it is needed, consider hiring a personal injury lawyer.
The complex language of insurance policies and the hardball tactics used by some claims adjusters can often leave you feeling that you are not getting all to which you are entitled.
Be careful what you say
Oral statements are subject to “change” if memory is the only recording. It is always a good idea to handle negotiations for a claim in writing. Oral statements, if they are not recorded, are subject to the memory of both parties, and it is all too easy for either party to “change” their memory of any statements or agreements. In addition, claims adjusters are hired because they work well over the telephone and handle claims to the advantage of the insurance company. They are the expert and you need help to make sure your claim is resolved in a manner to restore you to full health, if possible, or cover any long term costs for your health care.
Every state has statutes of limitations and procedural requirements that put deadlines on how a claim must be handled by the insurance company and when a claimant can file a lawsuit. Statutes of limitations differ from state to state and depend also on the nature of the claim. If you are not satisfied with the way your claim is being handled, it will take the expert knowledge of a lawyer who knows all the legal limits and guidelines to proceed against the insurance company.
When not to hire a lawyer
After an accident, you may want to seek legal advice, but you may not necessarily have to rush to retain an attorney. You probably don’t need to retain counsel when the accident was a simple fender bender and you were not injured. Many times, accident injuries are not severe enough to warrant the outright rejection of a company’s first offer.
When to seek counsel
There are cases in which hiring an attorney may be the next logical step. If there’s a dispute about who’s at fault in the accident, an initial visit with an attorney might be a prudent step to take. And anyone who is seriously injured in an accident should seek legal counsel, according to the American Bar Association (ABA).
The Internet offers search engines, such as Netscape’s Netsearch, Infoseek, Excite or Lycos that help locate lawyers with special experience in cases like yours. In addition, if your local newspaper is online, a search of that database can provide information about lawyers with special background and experience.
When involved in an accident with an uninsured or underinsured motorist, you should always retain counsel, the ABA suggests. In many states, you may have only a limited time to file suit against an underinsured motorist and some insurance policy’s language states that if you wish to arbitrate with an uninsured motorist, you and the uninsured must reach an agreement within 60 days after the day of the accident. A lawyer may help you wind through this process without losing money you may be entitled to.
Two questions to ask yourself before retaining counsel are: “What settlement will I be happy with?” and “Am I going to do better or worse with an attorney?” The first question is easy to answer. The second is unforeseeable. The case’s jurisdiction–the laws where your case is based, your individual circumstances, and your willingness to settle are all factors that make the outcome of a case tough to predict.
The lawyer’s cut
Most personal injury lawyers work on a contingency basis and don’t charge a fee for an initial consultation. However, expect to give up — at the very least — 25 percent of your settlement to your attorney. If your case is very involved, plan on paying a lot more to your lawyer, as contingency fees for long term cases can run in excess of 50 percent in some states, for some types of cases. In other states, contingency fees for some types of cases are limited by law. Check with your state consumer affairs office for more information.
How long till I get my money?
If the claim is settled by the insurance company without resorting to a trial, you may be able to have your money in as little as sixty days, if there are no health concerns. However, if the case goes to trial, don’t plan on seeing any money for a long time. While the trial itself may take as little as six months, getting to trial may take several years at best, depending on the backlog in your local area’s legal system.
In medium-sized jurisdictions with populations of around 250,000, two-and-a-half years is not an unheard-of trial length. In larger jurisdictions, such as Cleveland, New York, or Miami, a verdict issued three or four years from the date of the accident is common.
Source: insure.com