Not all motor vehicle accidents will require hiring a personal injury attorney to handle the case. Generally, a personal injury attorney can help with automobile accident claims. However, in certain instances spending the money on an attorney will not be necessary. First, there are two different fee arrangements you can make with an attorney to handle your claim.
First, you can hire an attorney on an hourly rate. Second, an attorney may be willing to work on a contingency fee. When an attorney works on an hourly rate they will usually require a retainer. Once paid, the attorney will bill you based upon an hourly rate and subtract the bills from the prepaid retainer. Once the retainer is exhausted, the attorney will require you to replenish the retainer.
When an attorney works on a contingency basis, the attorney will not charge a fee upfront. Upon resolution of your claim, your attorney will be compensated by receiving a percentage of your recovery. Thirty-three and 1/3 percent is the standard contingency fee. However, there are a few instances where that amount may be different.
Where you have not suffered a serious injury, an attorney will not likely accept the case on a contingency fee. In those situations, you will either have to pay the attorney an hourly fee or handle the case by yourself. If you find that dealing with the insurance companies is too difficult or time-consuming you might hire an attorney to complete the necessary claims paperwork to ensure you receive the benefits you are entitled to. Also, if you feel that the insurance company is not treating you fairly or just so disorganized that you are getting nowhere with your claim, you may want to get an attorney involved.
If you have suffered an injury, you may want to hire an attorney and depending on the seriousness of the injury, the attorney may work on a contingency basis. If your injuries are serious, such as fractures, brain injuries, disfiguring injuries or other types of serious injuries, it is always advisable to consult with and hire a personal injury lawyer.
A lawyer working on a contingency basis will almost always result in you recovering more money than if you go it alone. Attorneys have the experience and resources to evaluate and pursue a personal injury claim for you. You may not even understand the full extent of your injuries and the financial implications of such injuries and may be underestimating what would be fair compensation.
Ultimately, hiring a personal injury attorney is a personal decision you will face should you be involved in an accident. I would just remind you that an insurance company has one goal in dealing with your claim: to save money. Therefore, they will use every means at their disposal to limit the benefits they pay you. An attorney knows all the issues that will come up during your claim and is familiar with the tricks that insurance companies use to save money on your claim. Further, most attorneys offer free consultations to discuss your claim. So, you have nothing to lose by consulting with an attorney except about an hour of your time.
When you’re seriously injured at the fault of someone else, your life and financial standing can spiral out of control before you know it. You need professional legal counsel to help you gain back financial stability in the face of crippling medical bills and lost wages. You also deserve monetary compensation for the pain and suffering you’ve experienced due to your injury. There’s a lot you can do to actually strengthen your case and assist your personal injury lawyer in building your case and getting you the full compensation you’re entitled to.
It’s imperative that you go for treatment directly following your accident. The more time placed between medical treatment for an injury and the accident that caused it, the more difficult it can become for a personal injury attorney to link that injury to said accident. The sooner you seek medical attention, the better – both for your own wellbeing, and to strengthen your personal injury case.
Photos are extremely valuable to a personal injury case. If you’re in an accident, whether it’s a slip and fall, a bicycle accident, a car accident, etc., and someone else is to blame, it’s critical that you take photos of any property damage/bodily injury. This is where the time-honored phrase “a picture is worth a thousand words” rings almost overly true. Personal injury cases can take years to settle. By the time you’re in court, your injury could be nearly healed, which could possibly sway a jury to believe your injuries aren’t as serious as described. Directly following your accident, take as many photos as you can of your property damage, and continue to take photos of your injury. Injuries change as they heal or get worse over time. Daily photos of your injury, including those taken before and after any surgeries performed, can help build your case.
As time goes on, memories get blurry. Do the best you can – if possible – to write down as much as you can regarding what happened during your accident. Sometimes, negligent parties will feel apologetic and even admit fault. For example, you may be in a car accident and the other driver may apologize, claiming they “weren’t looking”. That’s an admission of fault, and your account of their admission can help your personal injury attorney build a solid case. You may slip trip or fall at a store. While you’re filing the incident report, an employer or employee may speak to the conditions of the spot where you fell. They may have even had trouble with it before. Slip, trip and fall cases can be difficult – insurance companies will always attempt to blame the victim. But if you’ve overheard admission from a worker that the area where you fell has been a source of problems in the past, it may prove that the property owner was negligent in not fixing it before your accident.
It’s a good idea to express the pain and suffering that you’re experiencing, the joy in your life that your injury has taken away or impeded upon, in a daily journal. It could end up being a long time until you’re actually asked about the pain and suffering you experienced because of your injury. Having that journal will help you in detailing exactly how you felt and could help your personal injury attorney in his or her strategy in gaining you compensation for your pain and suffering.
Your doctor will take notes on everything. It’s important you tell them where you’re hurting, the degree of pain you’re in, and how you’re feeling as a whole. When your doctor’s records are given to the insurance company reviewing your case, their notes are important. They’ll also be critical if your doctor is asked to testify on your behalf. For example, if your leg was injured, but you neglect to tell your doctor that the pain intensifies at night, making it hard for you to sleep, that claim will be questioned. You’ll need your doctor’s corroboration on your injury, pain and suffering. Never withhold information. But never exaggerate either – to your doctor, or your attorney.
If your physical therapist tells you to stay out of work for a certain period, but you do not listen, this could limit the liability of the negligent party. It’s up to you to take your recovery seriously. Not following your doctor’s orders (such as a light exercise routine to help rebuild muscle) could end with a slow recovery being claimed as your fault.
Your doctor may very well be the most important witness on your behalf. It’s a good idea that you do what they say, and create a positive rapport with them. Their testimony could make or break your case.
Even if your employer doesn’t necessarily require written excuses for you to miss work, lost wages are a large part of the compensation that you’re entitled to and written excuses are written proof of your time spent out of work due directly to your injury.
If you don’t do everything you can to recover – such as making every doctor’s appointment you’re told to. If you miss appointments, this can poke holes in the authenticity of your need for medical treatment.
Car accident cases involving personal injury can be stressful, tedious, and confusing. They are not to be handled alone. If you’ve been injured in a car accident at no fault of your own, it’s in your best interest to find an experienced personal injury lawyer to oversee your case as soon as possible. A highly-experienced personal injury lawyer will be able to guide you in the right direction and ensure that you don’t make any mistakes that can hurt your case.
Little mistakes can put huge dents in your car accident case. And we want to make sure you never make these mistakes. Here’s a list of 13 mistakes that could hurt your car accident case as well as the financial compensation you’re entitled to for your injury and losses.
If you trust your personal injury lawyer to get you the highest possible financial outcome from your case, it’s best to be upfront and honest with them about everything. A personal injury case can be a fragile thing, easily dismantled by defense attorneys. And insurance companies have one goal in mind – keeping their money. They’re trained on ways to keep you from getting the compensation you deserve. They know exactly how to trick you into thinking you’re safe and will be taken care of, but that’s simply never the case. They display a thin veneer of kindness at first. But since your well-being is not their main priority, they’ll do what they need to do either delay or fully withhold the payments you’re entitled to for your losses.
Don’t just look at these as tips…look at them as if they are rules. This is a fight that your personal injury lawyer is taking on for you. So it’s in your best interest to listen to, remember, and follow everything they say to the T.
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An Inside Tip to Resolving Your Personal Injury Case Quicker and Inexpensively
It’s called Alternative Dispute Resolutions (ADR), and we’d like our followers to know more about how “Arbitration” and “Mediation” (the two types of ADRs) can be better options, in particular cases, than bringing personal injury cases to trial.
Arbitration is an ADR to trial. When two parties at dispute cannot come close to an agreeable resolution, arbitration may present a better means of resolution as opposed to trial, and we’ll list exactly why.
“Binding” arbitration is when an unbiased third-party of authority meets with two at-dispute parties to come to a resolution outside of trial. The arbitrator acts somewhat like a judge and jury. They will listen to witness testimony, review evidence such as documents and photographs and make a final resolution. Since this type of arbitration is “binding”, the decision is final and both parties must abide by it. “Non-binding” arbitration does not require either side to abide to the arbitrator’s decision, but is moreover used as a guideline.
Mediation is another form of ADR. Mediation is a “non-binding” discussion wherein a mediator listens to each party’s position and makes recommendations as to how the case should be resolved. “Non-binding”, in other words, means that parties do not have to agree to the mediator’s recommendations. Mediation occurs mostly between two parties who understand that compromise is necessary to bring their case to a close. It’s the mediator’s job to help both parties come to an agreement, whereas in arbitration, the agreement is made by the arbitrator. A mediation is more of a negotiation whereas arbitration is more akin to a trial.