When to Hire a Personal Injury Lawyer

In an instant, a life can be changed forever due to the negligence or recklessness of someone else. If you find yourself in that situation, hiring a personal injury lawyer should be your first consideration. Surveys show that people with legal representation are much more likely to receive a settlement than those who try to fight the system alone. They also receive much higher award amounts.

Do I always need a personal injury lawyer?

While hiring a personal injury attorney is necessary in many cases, there are some when you may not need one. For example, if you sustained minor injuries in a minor accident, you may not need to hire a lawyer. These injuries could be minor bruises or sprains with relatively low medical costs. 

When should I hire a personal injury lawyer?

Even though you may not always need an attorney, it’s usually a good idea to consult with one, especially if you’re not sure. There are many factors to consider in personal injury incidents, and it’s best to talk to someone who specializes in getting justice for victims. Here are just a few instances when hiring a personal injury lawyer is critical:

1. There is a dispute over who is liable: When there is any doubt about who is responsible for the accident, a lawyer will gather evidence and advocate for you to protect your rights
2. You are alleged to have contributed to the accident: If the opposing party claims that you share some responsibility, your attorney can help assess the validity of these claims and work to minimize your liability
3. Multiple people involved: When multiple parties are involved in an accident, the legal complexities can multiply. An attorney can help recreate the scenario and ensure that you receive compensation from all parties if you’re entitled.
4. You sustained a traumatic injury: Serious injuries, such as head trauma, spinal cord injuries, or severe burns, usually require extensive and ongoing medical treatment. You will need an attorney to help you pursue adequate compensation for your medical bills and ongoing care.
5. You were permanently disabled: If your injuries have left you permanently disabled, a lawyer can help assess the long-term impact this will have on your finances and well-being
6. You need help determining the value of your case: Calculating the value of any case can be a challenge. But a lawyer with experience in this field can assess your losses, including the ones you may not know about, including pain and suffering.
7. The insurance company is acting in bad faith: Insurance companies can be notoriously tricky to deal with. Their job is to minimize their payouts to preserve their bottom line. However, skilled attorneys, like the ones at Jack Bernstein, Injury Attorneys, are highly experienced in dealing with these companies. They can negotiate a fair settlement for you much better than you can on your own.
8. You are not being offered compensation for lost wages: If you’re unable to work because of your injuries and the insurance company is not giving you fair compensation for those lost wages, a lawyer can help. They can negotiate for fair reimbursement on your behalf.
9. Your case involves complex areas of law: Personal injury cases can involve a lot of intricacies you may not be aware of. For example, they may include medical malpractice or product liability. An experienced personal injury attorney can build a strong case for you and manage all the unknowns of your case.

How do I file a personal injury lawsuit?

Filing a personal injury lawsuit is a multi-step process that usually involves legal expertise. Specific procedures and timelines can vary depending on the jurisdiction and the case, but here’s a brief overview of a typical process:

1. Consult with an attorney: Before you do anything else, it’s important that you consult with a qualified personal injury lawyer. Even if you’re not sure you need one, it’s in your best interest to reach out and ask a few questions.
2. Investigation: Your attorney will investigate the details of your incident and collect the appropriate evidence. This can include medical records, witness statements, and police reports.
3. Demand letter: In many cases, your lawyer will send a demand letter to the responsible party’s insurance company. This will outline your claims and whatever compensation they are seeking for you.
4. Filing the complaint: If negotiations fail to yield results, your attorney will file a formal complaint in court
5. The defendant is served: After filing the complaint, the responsible party must be served with a copy, notifying them of the impending suit
6. Defendant response: The responsible party will have 20 to 30 days to respond to the lawsuit
7. Discovery: Once the defendant responds, both parties start their discovery processes. This is where they exchange any relevant information and evidence.
8. Pretrial motions: Before the trial, there may be motions filed by one or both parties that can include motions to dismiss or motions in limine to exclude certain evidence
9. Negotiations and settlement: There may be various opportunities throughout the process that allow for settlement discussions. Many of these cases are actually resolved before reaching trial.
10. Trial: If a settlement is not reached, then the case will proceed to trial. During the trial, both sides will present their arguments, and a judge or jury will make a final decision as to the liability and damages to be awarded.

How to choose the right personal injury lawyer

Knowing that you need a lawyer and knowing who to hire are two completely different things. We understand the concern and confusion a lot of personal injury victims might face in this situation. However, there are some specific guidelines you should use from the very beginning.

For one thing, you should research and background check the attorney you’re considering hiring. Check their qualifications, experience, and reviews. These can often be found on sites like the Better Business Bureau.

Next, look for an attorney who specializes in personal injury law. Working with an attorney who has worked in this field will give you a leading edge over the opposing party.

Finally, find an attorney who offers free consultations. During the consultation, you can ask questions about fee structures, case strategy, and expected outcomes. You may even be able to ask for testimonials from previous clients in similar situations. 

The attorney you choose should feel right to you. You should feel comfortable hiring them and be able to trust their judgment. You should also be able to reach a reasonable agreement as to fee schedules and communication.

If you have been hurt, call for a free consultation

Remember that your decision to seek legal counsel depends on the unique circumstances of your case. Whether you find yourself facing disputes or are overwhelmed with the complexities of the situation, a personal injury lawyer can be your greatest asset. 

If you have been hurt, we urge you not to try to navigate your situation alone. Reach out for a free consultation with Jack Bernstein, Injury Attorneys, and we can guide you through your Florida personal injury case with ease. 

Citations: 

Goguen, D. (2023). How Much Can I Get for My Personal Injury Case and How Long Will It Take?

Jack Bernstein, Injury Lawyers, PLLC. (2023).

Motion in Limine. (2023).

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