WHY DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY

Accidents injure millions each year. Whether you’re suffering from a car accident, dog bite, or boat injury, you may have expensive medical bills to pay and severe injuries affecting your quality of life. Still, you may wonder if you need to hire a personal injury attorney. Personal injury lawyers are prevalent in the United States because insurance companies try to pay as little as possible, and at-fault parties like to avoid blame. Let’s look at some reasons to hire a personal injury lawyer and how you’ll benefit from having a legal expert handling your case.

Get the compensation you need for your injuries; call Sette Law now.

WHY IS THERE A SUPPLY OF PERSONAL INJURY ATTORNEYS?

I joke that I became an attorney due to poor math skills. There is some truth to that, but I do recall Intro to Economics and the concept of Supply and Demand. Basically, there is no supply unless there is a demand. So, why is there a supply of personal injury attorneys? Because insurance companies create the demand. I want to highlight a couple of the methods insurance companies employ to create this demand. Insurance companies come up with their own numbers. Numbers that they feel that the medical bill amount should be. They disregard the actual amount of the medical bill as determined by the provider. 

As part of your personal injury recovery, in part you are entitled to receive compensation in the amount of your medical bills. The law says that, plain and simple. However, nothing is plain and simple when dealing with the insurance companies. Furthermore, it can be difficult in negotiating your personal injury compensation. When they do make an offer, they base it on “accepted” medical bills. What does this mean? This means that the insurance company makes its own decision as to what the amount of the bills should be. They submit the billings to a company like Benchmark. This company then goes through the billing and gives the insurance company some low-ball number. They claim it is the “appropriate” amount of the bills should be for the services rendered in relation to the personal injury. 

INSURANCE COMPANIES AND THEIR NEGOTIATING

Thus, if you have an emergency room bill for $8,000.00, the insurance company will claim the bill should only be $4,000.00.  They then make that their offer. What this doesn’t account for is the fact the bill in your mailbox from the hospital is still in the amount of $8,000.00. The insurance company doesn’t attempt to establish an agreement with the hospital to accept $4,000.00. They don’t negotiate on your behalf. They just unilaterally decide what the hospital should have billed and offer you that amount. This is done on almost every single bill. Bills including radiology, physical therapy, chiropractic, ambulance, etc. This is where personal injury attorneys come in. 

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EXPERT WITNESSES HIRED BY INSURANCE COMPANIES

Expert witnesses: After the insurance company has offered you only a portion of your medical bills, you are then forced to file a personal injury lawsuit. When you do so, the insurance company then hires their own experts to testify about what your personal injuries are or should have been. This expert usually comes in the form of a doctor who never actually examines you, or if that doctor actually does conduct an examination, spends about 20 minutes examining you before making opinions that contradict all the treating providers. 

Let’s analyze these “experts”; first and foremost, they are usually the same individual. Secondly, these individuals rarely have an active clinical practice, meaning an office where they treat patients for the good of societal health. Instead, they make millions of dollars repeatedly testifying in personal injury lawsuit trials for insurance companies. In Northern California, there is a certain radiologist who has been testifying in personal injury lawsuit cases on behalf of insurance companies for well over 25 years. 

Typical testimony from this person is that the injured person is not injured to the extent claimed or, if so, the personal injuries were not caused by the subject’s accident. His work in Med Legal has earned him what many would consider to be a fortune. How much, you ask? Difficult to state as this expert has testified in deposition that his accountant (who also acts as his attorney) advises him to shred his 1099 forms. One would wonder why that would be necessary. And this is the individual the insurance companies run to in order to get their opinion. 

PEOPLE GENERALLY GIVE UP THE FIGHT

You were stopped at a red light and were rear-ended. Your car was damaged, and you sustained injury. Seems very straightforward, very simple. You are about to embark on a journey that is anything but. Right, wrong, or otherwise, insurance companies will do what they wish until forced to do the right thing. You have to force them. They will engage in economic warfare (making it extremely expensive to pursue a claim that may not have high value) and make it time-consuming. Many people want to just give up because it takes too long or is too big of a hassle. This is a win for the insurance company. You have to be willing to pursue the right result, and to get that right result; you will most likely need the experience and effort of a personal injury attorney dedicated to the individual. Follow us on Facebook here.

VICTIMS WITH PERSONAL INJURY LAWYERS TYPICALLY GET HIGHER PAYOUTS

Injury attorneys help accident victims receive the maximum compensation available. Although it’s possible to pursue a settlement without an attorney, one survey of car accident victims revealed only 54% without legal representation received settlements. By contrast, 74% of victims who hired an attorney received damages. 

YOUR INJURY LAWYER DETERMINES THE ACTUAL VALUE OF YOUR DAMAGES

Suppose you were driving home when you were hit by another car. That driver ran a red light. You suffer a broken leg and arm, and your car is totaled. 

You may think seeking reimbursement for your medical bills and car replacement costs is fair. However, you may not consider other costs incurred because of your accident. Your injury lawyer ensures you think of all valid expenses, including the following:

  • Childcare costs
  • House cleaning bills
  • Lost income
  • Medical bills
  • Personal care costs
  • Property repairs or replacement
  • Transportation costs

You may not realize you can seek compensation for the emotional and physical toll you’ve suffered because of your accident. Perhaps you’ve heard about claiming pain and suffering and don’t realize you can seek non-economic damages for multiple reasons. Suffering any of the following because of your accident is grounds for non-economic damages:

  • Anxiety
  • Depression
  • Disfigurement
  • Grief
  • Loss of intimacy
  • Loss of quality of life
  • Pain and suffering
  • Phobias
  • Post-traumatic stress disorder

Your injury lawyer can also seek punitive damages if appropriate.

YOUR INJURY LAWYER BUILDS A CASE JUSTIFYING YOUR CLAIM

Your injury attorney investigates your case, interviews witnesses, gathers evidence, and identifies existing case law to support your claim. Your attorney uses this information to fight for a higher settlement during pretrial negotiations with the at-fault party’s insurance company.

YOUR INJURY LAWYER EXPLAINS YOUR OPTIONS

Your injury attorney ensures you understand your legal options and the pros and cons of every decision. Having a clear understanding of your options can help you avoid common mistakes and avoid accepting a poor settlement.

HOW CAN A PERSONAL INJURY LAWYER HELP?

It’s crucial you understand how injury lawyers help victims before deciding if you need to hire a personal injury attorney. An injury lawyer’s responsibilities involve the following:

  • Providing legal expertise: Your attorney knows the law and will explain your options after an accident. They’ll ensure you can make an informed decision about settlement offers.
  • Managing your case: Filing a claim involves:
    • Preparing legal paperwork
    • Gathering evidence
    • Interviewing witnesses
    • Responding to discovery requests from the defendant’s legal team
    • Handling pretrial negotiations

Unless you have a legal background, you’ll need to learn how to navigate the court system, complete and file legal documents, serve the defendant, issue subpoenas, and handle every step of the investigation and negotiations. When you hire an attorney, your lawyer looks after these tasks so you can focus on recovering from your injuries.

  • Communicating with the defendant’s insurance company: Insurance companies typically make low offers to victims in an attempt to resolve claims quickly and pay a fraction of what the victim may deserve. They may try to trick you into denying your rights or accepting partial or total fault for the accident if you communicate with them. Lawyers understand how to avoid compromising their clients’ legal rights during communications, and having a lawyer handle communications prevents you from making costly mistakes. It’s best to never communicate with the at-fault party’s insurance company yourself.
  • Ensuring deadlines are met: Each state’s statute of limitations serves as a timer, giving clear filing deadlines. California gives injury victims 24 months to file a lawsuit. There are grounds for extending the deadline if the injury was discovered later. Still, in most cases, cases can’t proceed if they aren’t filed before the two-year deadline expires.

A PERSONAL INJURY LAWYER CAN HELP WHEN FAULT IS DISPUTED

Proving a personal injury claim involves establishing the at-fault party’s negligence. However, in many cases, more than one party may share responsibility. Suppose you’re driving in the left lane on the highway. A reckless driver attempts to pass the vehicle beside you in the right lane. The driver in the right lane speeds up and loses control of the vehicle. The speeding driver, the reckless driver, you, and the driver behind you are in an accident.

In that case, both the reckless and the speeding drivers may share the blame for the accident. You may not think this should affect your claim because you weren’t at fault. However, the reckless and speeding drivers’ insurance companies may argue over the percentage of liability their client has, delaying the negotiation process. 

Your lawyer understands how disputes over fault can delay settlements and will review pertinent data to help resolve any disputes over fault so you can get the settlement you deserve.

California also has comparative negligence laws. Consequently, you can seek damages, even if you were partially at fault for the accident. Your lawyer will use the information they gathered when preparing your case to ensure you don’t shoulder more blame than you should, helping you get the maximum compensation available.

PERSONAL INJURY LAWYERS CAN BRING IN EXPERT WITNESSES TO HELP YOUR CASE

Injury attorneys develop contacts through the cases they handle. Consequently, they have an extensive contact list they can utilize to support your claim. 

Suppose you were in an accident and suffered a traumatic brain injury (TBI) and are struggling with memory loss. You may not realize expert testimony can support your claims and strengthen your case. Your injury attorney knows the value of testimony from medical experts explaining your injuries and their long-term impact on your life. Your injury attorney can locate suitable experts whose testimony helps you win your case at trial. 

A PERSONAL INJURY LAWYER CAN PROFESSIONALLY NEGOTIATE YOUR SETTLEMENT

Most injury claims are settled out of court. Settling can be more cost effective because you’ll receive compensation sooner and avoid trial expenses. 

Your lawyer will try to get you fair compensation without going to court so that you have the financial resources to support your recovery without experiencing the stress of a trial. 

IF A SETTLEMENT CAN’T BE REACHED, YOUR ATTORNEY WILL REPRESENT YOU IN COURT

Reasons your attorney may not secure a pretrial settlement include the following:

  • The insurance company offers far less than you deserve
  • The insurance company won’t negotiate
  • Their insurance companies can’t agree on the percentage of liability in a case involving multiple at-fault parties
  • The insurance company refuses to accept their client’s liability

Your attorney will represent you in court if you fail to settle. The information they gathered during their investigation forms the framework for your case. They’ll present evidence, question witnesses, call experts to testify if applicable, and refute the defendant’s claims. Your attorney will also prepare you to testify at trial, ensuring you know what to expect from the trial and what types of questions you could be asked.

IF YOU HAVE BEEN INJURED IN AN ACCIDENT, CALL SETTE LAW NOW

When you’re injured in an accident, you need legal experts fighting for your rights to ensure you get justice. At Sette Law, we have experience getting our Sacramento-area clients the compensation they deserve. We understand accident injuries can disrupt your life, and we provide the legal support you need to win your case.

If you have suffered an injury, call Sette Law today.

SOURCES:

Bieber, C. (2022). Car Accident Lawyer Fees 2024 Guide.

Kagan, J. (2023). Comparative Negligence: Definition, Types, and Examples. 

Statute of Limitations. (2024).