Using a Personal Injury Lawyer
By Ty McDuffey, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed August 29, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Getting injured is an unpleasant and scary experience. It's especially upsetting if your injuries result from another person's negligence. If you believe your injuries are someone else's fault, a lawyer can inform you about your options.
Most personal injury attorneys provide prospective clients with a free initial consultation. Personal injury lawyers also usually work on a contingency basis. This means they only get paid if your case results in a judgment in your favor or a settlement agreement.
FindLaw's "Using a Personal Injury Lawyer" section provides articles and resources to help you determine:
- Whether you need an attorney for a personal injury claim
- How to proceed if you decide to go forward
How an Experienced Personal Injury Lawyer Can Help
An experienced attorney can be helpful for a variety of reasons. A personal injury attorney will have experience assessing claims like yours. An attorney can help you decide if you should pursue legal action by assessing the strength of your case. It's in the attorney's best interest to give you a true and honest assessment of the strength of your claim. Personal injury attorneys usually work on a contingency fee basis. If you don't win, they don't get paid.
Dealing with injuries can be very emotional. This could prevent you from seeing the facts clearly. An attorney can provide an objective opinion about your situation.
You may want to make a rash decision if you're offered a settlement. An attorney can stay objective and advise you on whether you should hold out for a better offer.
An attorney will be able to work through:
- Complicated legal procedures
- Confusing medical terms
- Mounds of paperwork
Also, an attorney often has a team of investigators and support staff to help them prepare your case. With the attorney and their staff working on your case, you can focus on getting better and returning to your everyday life.
An attorney will also have experience working with other lawyers and insurance companies. Under many circumstances, if the opposing side has an attorney and you don't, you're at a disadvantage. Although an attorney must be ethical, that doesn't mean they can't use legal tactics to give them an advantage over a nonlawyer.
Similarly, insurance companies can be difficult to work with. An attorney won't be confused by their tactics or feel pressured to settle for an unsatisfactory amount.
Finally, laws and legal procedures can be confusing. Personal injury laws vary from state to state. An experienced personal injury attorney will be familiar with the laws in your state.
An attorney has the experience and tools to interpret and apply those laws to your case. A lawyer will also know the proper legal procedures to build the best case for you.
Car Accident Attorneys and Their Role
Car accident attorneys handle cases involving car accidents. If you're involved in an auto accident, you may need to seek medical attention for your injuries, which can result in expensive medical bills. A car accident attorney can help car accident victims recover compensation to cover:
- Medical bills
- Any lost wages due to missed work
- Pain and suffering
The Importance of Medical Records in a Car Accident Case
Keeping track of your medical records is very important after a car accident. These records provide proof of the injuries sustained and treatments received as a result of the accident. The documents can also help quantify the pain and suffering endured due to the accident. Having detailed and accurate medical records strengthens your car accident claim. It also increases your chances of getting fair compensation.
The Role of a Car Accident Lawyer in Handling Lost Wages and Property Damage
If you have lost wages or had property damage due to a car crash, a car accident lawyer can assist in proving these damages and making sure they are included in your compensation. An auto accident attorney can gather evidence to substantiate your claim, including:
- A police report
- Pay stubs
- Property damage estimates
Understanding Who Is the At-Fault Driver
Determining the at-fault party is key to getting compensation in a car accident case. Your car accident lawyer can help establish the other driver's liability using evidence from:
- The scene of the accident
- The accident report
- Witness testimonies
- Reconstruction experts
Legal representation is especially crucial when dealing with an at-fault driver's insurance company.
- Insurance companies are profit-oriented: Insurance companies are in business to make money. Their profits increase when they pay out less in claims for car accident injuries. They have experienced adjusters and lawyers working to protect their interests. These interests may not align with yours. They might try to deny the claim, minimize your injuries, or push for a quick, lowball settlement.
- Liability laws: Determining who is at fault in an accident can be a complex process involving state laws, analysis of the accident, and even expert testimonies. An experienced attorney can help establish the other driver's liability, gather and present necessary evidence, and negotiate with the insurance company.
- Understanding policy language and coverage: Insurance policies are often filled with complex language and exclusions that can be difficult for a layperson to understand. A personal injury lawyer will have a thorough understanding of these terms. They can ensure that the insurance company abides by its policy.
In wrongful death cases, legal representation is also crucial. They involve:
- High stakes: Wrongful death cases often involve large potential damages. They encompass not just medical care and property damage but also lost future income, funeral expenses, loss of companionship, and emotional suffering. Insurance companies or at-fault parties may fight harder to deny or reduce these claims.
- Complex legal and factual issues: Wrongful death cases often involve more complex issues than typical personal injury claims. They may require expert witnesses to prove future lost income or to establish fault in complex situations.
- Representing the estate: In a wrongful death claim, the personal injury attorney represents the deceased's estate. This includes ensuring all potential beneficiaries are represented and that any settlement or verdict funds are correctly distributed.
In both scenarios, having an experienced legal team advocating on your behalf can level the playing field.
How a Car Accident Lawyer Helps With Insurance Claims
When you're involved in a motor vehicle accident, the claims process with insurance companies can be daunting for a few reasons.
Insurance adjusters are trained to save their companies money, often by reducing the payout on claims or denying them outright. They can use tactics like:
- Disputing the severity of your injuries
- Blaming you for the accident
- Delaying the settlement process
A car accident lawyer can counter these tactics. They'll provide evidence of the at-fault party's liability, document your injuries and treatment, and negotiate assertively for a fair settlement. They can also file a lawsuit if the insurance company refuses to offer an acceptable settlement.
When the at-fault party is a drunk driver or the accident involves a commercial vehicle like a truck, the claims process becomes more complex. These cases may involve criminal charges, federal trucking regulations, or corporate insurance providers. A lawyer with experience in these areas can work to get you the compensation you deserve.
Limitations and Deadlines: The Statute of Limitations
Every state has a statute of limitations governing how long you have to file a lawsuit after a car accident. Depending on the state, this period can range from one to six years. You could lose your right to pursue compensation if you don't file your lawsuit within this time frame.
There are nuances to these laws. For instance, the clock may not start ticking until you discover your injury rather than the date of the accident. Some circumstances can pause or "toll" the statute of limitations, such as if the victim is a minor or mentally incapacitated.
Given these complexities, consult with a car accident attorney as soon as possible after your accident to ensure you meet all necessary deadlines and can recover the expenses for your medical treatment.
The Consequences of Car Accidents: From Whiplash to Fatalities
Car accidents can result in a wide variety of injuries. Some of the most common include:
- Whiplash and other soft tissue injuries: These injuries affect the soft tissues of the body, such as muscles, ligaments, and tendons. They can be painful and need extensive physical therapy to heal.
- Serious injuries: More serious accidents can lead to broken bones, traumatic brain injuries, spinal cord damage, and severe burns. These injuries can have long-term or permanent effects, leading to significant medical expenses and lifestyle adjustments.
- Fatalities: In the worst cases, car accidents can result in fatalities. In addition to the emotional pain of losing a loved one, families may face loss of income, funeral expenses, and loss of consortium or companionship.
In some cases, victims may be eligible for workers' compensation if the accident occurred while performing work duties. More often, a personal injury lawsuit will be necessary to recover compensation for these damages. An experienced car accident attorney can help victims and their families pursue the compensation they need to recover and rebuild their lives. It all starts with a free case evaluation.
Get Legal Advice From a Personal Injury Attorney
If you or someone close to you has been injured and you believe someone else is at fault, you may want to meet with a local personal injury attorney. Use FindLaw to find a lawyer for your personal injury case. Many personal injury lawyers work on a contingency basis, meaning you won't pay anything upfront.