If you have recently been in an accident or injured, you probably have a lot on your mind. One question is: “should I sue?” This may strike you as a simple yes or no question, but in reality, the answer depends on several factors. But it all boils down to whether or not you have a valid personal injury claim.
If you decide to pursue a personal injury claim, you should definitely consider finding a qualified personal injury attorney to help seek compensation for your injuries. So, should you hire a personal injury attorney? Here are some situations where you should seek professional legal assistance.
Liability Is In Dispute
The “whodunnit” of a personal injury claim is an essential factor in determining who is liable. If you cannot show that the other party’s at fault in an accident, your ability to recover compensation will be limited. If liability is in dispute, get in touch with a personal injury attorney.
The attorney will thoroughly investigate the cause of the injury and responsibility. They can develop a strong legal strategy to help prove liability by collecting evidence.
In the alternative, the other party may readily accept liability but try to argue that you contributed to the accident somehow. For example, the car insurance company could claim you were speeding and therefore partially at fault for the accident, even if the other driver ran a red light simultaneously.
In some states, contributory negligence laws will permit the insurance company to reduce the compensation amount. This means you could face a reduced award even as you battle the injuries. A skilled personal injury attorney could help fight these allegations.
Some personal injury claims involve multiple parties, especially in multi-vehicle accidents, medical malpractice, construction accidents, and product liability claims. You could be fighting defenses and allegations from all sides. With the aid of an attorney, you can build a solid case that can ultimately get money from all responsible parties. Multiple parties can mean a higher settlement, but it can also mean a complicated, drawn-out legal battle.
Of course, one reason you need professional assistance could be the injury itself. If you suffer a traumatic injury or permanent disability, your road to recovery could be lifelong. As such, you need a settlement that reflects your ongoing medical care, inability to work, and other future damages. With the assistance of various experts, an attorney can help maximize the pain and suffering damage and receive fair compensation.
Insurance Company Issues
Insurance companies are often mega-corporations that seek to decrease the compensation paid for injuries and damages. At the end of the day, they are businesses seeking to improve their profit margins. In some cases, insurance companies may act in bad faith.
For example, the company can drag out the process until the statute of limitations expires, and you can no longer file a lawsuit. They may also:
- Fail to investigate a claim
- Refuse to pay a valid claim
- Pule on burdensome paperwork to process a claim
- Raise allegations of contributory negligence
- Misrepresent insurance policy terms
- Mislead a victim about their legal rights
These bad faith actions arise when the company knows you are not protected. The uninformed consumer will not know what rights to demand. You are much likelier to reach a fair settlement with an attorney on your side.
The bureaucratic red tape involved with a personal injury claim against the government is more complicated than other claims. Government entities are often protected from liability with just a few exceptions.
If your injury arises from a bus, subway, or train accident operated by the government, contact an attorney quickly. The window of opportunity is shorter when it comes to suing the government.
The Bottom Line
Filing a personal injury claim against an insurance company is no small task. At the end of the day, the insurance company will have a team of attorneys and other professionals protecting them from liability. They do not represent you or your interests.
The game is often stacked against you, and the best way to level the playing field is to bring in your own legal expert. This is someone who will fight for your rights.