Do You Need a Lawyer for an Injury Claim
There are many good reasons to have an attorney when you have been injured in a car accident. Your case may have legal issues that only a good attorney would ferret out, and by not having an attorney, it could COST you money. To borrow an expression: It's a mine field out there! This is very true in personal injury claims, where there are rules, laws, and issues that a lay person could very well miss. Although there are several examples I could give you, let me provide a couple that come to mind:
Example One: Jane is involved in a car accident and has $22,000.00 in medical expenses. The at-fault party has only $10,000.00 in liability insurance, so he is underinsured. Fortunately, through her own policy, Jane has an additional $100,000.00 in underinsured motorist (UM) coverage. That's great, because this is exactly the type of situation that UM coverage becomes so valuable. Jane quickly settles with the at-fault party's insurance company for their $10,000.00 in coverage, and then she makes a demand for her company's $100,000.00. However, Jane did not first provide her company with a certified letter giving them 30 days to approve the settlement, and she has already released the at-fault party when she settled for the $10,000.00. She may no longer be entitled to the $100,000.00 in UM benefits.
Example Two: Tom is injured on the way home from work by a person driving a Ford Pick-up. Tom has neck and back injuries, and incurs $18,000.00 in medical bills. Unfortunately, the at-fault party has only $10,000 in bodily injury liability coverage. Tom considers whether he wants to sue the at-fault person for more than $10,000, but then figures he'll probably never see any additional money anyway, so he settles for the $10,000.00. What Tom does not know is that the at-fault party was performing an errand for her employer. The employer had a general liability policy of $100,000.00, which is never discovered. Tom would have done much better with a lawyer.
Having said all of this, there are certainly times that you can make out much better by not having an attorney! After all, attorneys charge anywhere from 33% to 40% to handle your case, and if you can avoid that fee, you may in some instances wind up with more money in your pocket once your case settles. So, I am not citing all of these horror stories to scare you into seeing an injury attorney, however, I would be remiss in not pointing out that you could miss something important that costs you dearly.
But, since you are here at this site, and still reading, there is likely a good chance that you have decided to try to handle your claim without assistance from an attorney. That being the case, I will tell you that these are generally the types of cases where representing yourself will be the LEAST difficult, and potentially the most profitable to you:
• Anytime your medical bills and/or wage loss exceed the amount of coverage. Insurance companies are usually quick to settle when your economic damages (wages and medicals), are near, meet or exceed the policy limits. Let's say, for example, that you have $22,000.00 in outstanding medicals. You decide not to sue for more than that, although the insurance policy is only $25,000.00. The insurance company will likely tender that amount, since your medical expenses alone are almost $25,000.00. You wind-up not only paying off your medicals, but you actually get money in your pocket. If an attorney had represented you, after a 1/3 fee, you would have possibly had a negative balance.
• When the policy is $10,000.00. Frequently, but definitely not always, when the amount of coverage available is only $10,000.00, the insurance company will tender it's limits if you do a half-way decent job of demonstrating your damages. Let's say you had $7,000.00 worth of treatment. Assuming the insurance company paid the policy limits, you would wind-up with $3,000 in your pocket. If an attorney had taken one-third, you would have possibly wound up with nothing after a 1/3 fee.
Please keep in mind, throughout this site, that these are just general statements, and not intended to be direct legal advice to you. There is no way I can provide adequate counsel without knowing the specific facts of your case, and a person representing himself or herself is always at risk of not discovering available coverage. Therefore, what seems like a great result may have been a very poor result if there was coverage you never discovered. Furthermore, I should also point out that in these examples, one is not confined to the policy coverage. A claimant always has the option of suing the at-fault party for an amount in excess of the coverage, although collecting from the at-fault party may be difficult.
Feel free to call my office to arrange a Free Consultation. There is no "arm twisting" whatsoever, and if you decide to represent yourself after the consultation, that is fine. Since the consultation is free, you really have nothing to lose.