Every time we get behind the wheel, we know there is some risk involved. All it takes is a single mistake to turn our lives upside down.
A lot of the time, the error was not our own. It was someone else who happened to be texting while driving or had one too many alcoholic drinks and made the wrong choice to get behind the wheel. Before we know it, we are facing months, or even years, of recovery, battling insurance companies, paperwork, and even court cases. Should you hire a personal injury attorney? If so, when is the right time to do it?
The reality is, not every case is so open and shut, even if you believe you are in the right. You can be 100% sure that the other party caused the accident, leaving you injured and buried in hospital bills, but there are always two sides to every story. Insurance companies often will want to investigate the claims further, holding out from paying as long as possible. Even if they do agree to a settlement, it is certainly not going to be a generous offer.
Let us look at why you should consider hiring a personal injury attorney, when you should do it and t:
The law is complicated. Most of the time, you are going to face an uphill battle to receive the settlement you think you deserve. So many variabilities exist that, unless you know your way around the law, it is going to be nearly impossible to navigate your way to victory. Hiring a lawyer does not guarantee a win, even if they have a great track record.
So, you might be thinking about what the value of hiring a personal injury lawyer might be. What you may not expect is that the other party’s insurance company will probably hire a defense attorney to challenge your claims. In this situation, you would certainly be at a disadvantage at a time when you are still recovering from a major accident. Are you up to subjecting yourself to months or even years of paperwork and stress on top of what you are already going through?
The main benefit of hiring a personal injury attorney is the fact that you get to sit back, relax, and leave the work to someone who knows what they are doing. The casework will be completely on their shoulders. At the very least, you should seek out a consultation with a local attorney to see what the possibilities are. It may be a simple case you can settle in court or see if it is worth holding out for a larger settlement with their help.
Are there benefits of hiring a personal injury lawyer? The simple answer to this question is a resounding yes! There are plenty of additional benefits you probably will not think of at the time you need to make the decision. One of those is a lawyer’s ability to investigate the accident.
The police will have their own investigation, as well as the insurance company. But lawyers have their own personal investigators, detectives, and even employees of the court who can help put your case together. You will truly have a team at your side to guide you.
Another benefit to hiring a personal injury attorney is how the insurance company often reacts to the news that you have representation. It is a fact that they will often offer higher settlements than they would if you didn’t. They usually think they can pull the wool over your inexperienced eyes, but if you have seasoned representation by your side, they know you are not playing any games and will shell out more money to make the situation go away. You may choose to accept the higher settlement if it means you get paid, the bills get taken care of, and you don’t have to battle in court.
After an accident your focus should be on getting better, not figuring out finances and fighting insurance companies.
Since they deal with this on a daily basis, personal injury attorneys know the ways around the legal technicalities that insurance companies use to take advantage of vulnerable clients.
We know which documents to file, can help you fill out forms correctly, and educate you on certain statutes of limitation. A great personal injury lawyer knows when to pass up an offer and hold out for the compensation you deserve.
There are so many ways someone without an attorney is taken advantage of in court. Insurance companies might offer smaller settlements to encourage early signing or force you into litigation if they claim you weren’t injured. Access to medical care might be less available since unrepresented claimants and care payments aren’t guaranteed.
Fighting back against product defects or large companies is nearly impossible without an attorney. Having someone with experience on your side is important and necessary in many cases.
When it comes to complicated laws within the Offers of Judgement, the opposite side might be able to get attorney fees and costs from you. At Montagna Law, our attorneys work on a contingency basis, meaning you don’t owe us any payment if we don’t win your case.
With the stress of being in an accident or hurt on the job, having someone who has experience with these fields takes much of the burden off you. Objectivity is crucial in winning a personal injury case, and emotions such as pain, anger, and frustration usually felt after an accident can cloud your judgment. A personal injury lawyer has both the cognitive dissonance and consideration of your best interest to wait for a better offer.
Sometimes a personal injury claim might not even be worth pursuing if the chances of winning the case are slim. No attorney wants to waste your time or money and will be honest about what you should do. In some cases, a settlement can be negotiated instead of going to trial. If the settlement isn’t good enough, personal injury lawyers will fight for you as long as it takes. Either way, they have the knowledge and experience to know what you should do next.
There are ways you can determine how much you’re owed, such as using online personal injury calculators. However, each case has so many nuances, such as future medical care, severity of injuries, and more. A personal injury lawyer will comb through every detail to make sure all your bases are covered.
Your personal injury lawyer is your partner and wants to win just as much as you do. That’s why they usually come with backup in the form of an investigation team to comb through all the evidence and use every tool to your advantage. Anything you can remember from your incident helps, such as any witnesses you might recall, any medical providers who helped your injuries, or how your life has changed since the injury.
When looking at whether you should hire a personal injury attorney, you must look at your opposition. The odds are good that the other party and/or their insurance company, which has deep pockets, will also have personal representation on their side. Unless you have your own experience and dedicated knowledge of the law yourself, hiring an attorney is a good idea. In order to win the case, there are a lot of factors that need to be worked out.
Every moment counts and whether you realize it or not, the other side is already preparing their defense. They are looking at the facts, interviewing witnesses, and even have their own copy of the police report. Their job is to put a spin on the details of the case to ensure the judgment is ruled in their favor. That means you have little time to spare to even out the odds. They will have experience on their side, having fought the same battle hundreds or even thousands of times before. Insurance companies do not make money by paying out large settlements and will use every trick in the book to keep from paying you a dime.
Once you decide you need a heavy hitter on your team, you should call them immediately. In fact, it is best to call a personal injury attorney right after the accident happens. That means your memory of the incident is still fresh in your mind and your lawyer can get right to work representing your interests. The longer you wait, the more difficult it will be to recall every detail.
Really, hiring an attorney to help you through this difficult time in your life is a personal one. Unless you know your way around the law and a courtroom, it is advisable to hire someone who is battle-tested and ready to represent your interests. You shouldn’t face the insurance company on your own. To learn more about hiring representation or to schedule a free consultation contact us through online form or call (757) 622-8100 today.
425 Monticello Ave
Norfolk VA 23510
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads Virginia area.