If you have been injured in any kind of vehicle accident, like a car wreck, truck accident, motorcycle crash, or a bicycle or pedestrian accident, or if you have suffered an injury as a result of a dog bite, slip and fall, or nursing home neglect, you may be wondering whether it is worth it to hire a personal injury lawyer to resolve your case. Perhaps your injuries are minor. Maybe the other party has insurance and seems more than willing to settle. Or maybe even though your injuries are serious, you don’t think you can afford an attorney.
There are many reasons why someone who is injured may not consider hiring an attorney. Granted, not every legal matter requires that a lawyer be involved for the parties to resolve their dispute. Many personal injury cases are resolved between the parties without litigation. However, even for cases without court involvement, statistics show that personal injury claimants who hire a lawyer receive higher settlements compared to victims who handle their personal injury claims on their own.
In this article, we discuss several of the common reasons why personal injury claimants do not hire a lawyer. If you are considered hiring a personal injury lawyer in your case, you may be thinking that one or more of these reasons apply to you. But many of the reasons are misunderstood. In this article, we will explain why having a knowledgeable and experienced attorney is such an important factor in being fairly compensated for your injuries and why you should at least consult with an experienced personal injury attorney to better understand your case and why it is worth it to hire the right lawyer for you.
Common Reasons Why People Don’t Hire a Personal Injury Lawyer
1. “My Accident Was Not That Serious.”
Many people falsely believe that unless they have serious injuries, they cannot recover any damages. This is not true. If you are injured or suffer property damage as a result of someone else’s negligence, you are entitled to be compensated completely, no matter how minor your injuries may be.
2. “I Can Handle My Case on My Own.”
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Because there are now so many legal forms and other resources that can be accessed online, many people think that there is no need for an attorney. What they don’t realize, however, is that you have to file the right forms at the right time, and there is more to winning a personal injury award than just filing documents. Obtaining a satisfactory outcome in any personal injury lawsuit requires:
- Knowledge of the law and the legal process;
- Subject matter expertise;
- Insightful legal strategies;
- Negotiation skills; and
- Litigation experience.
Although many unrepresented claimants settle their cases quickly, they do not always obtain the best possible outcome. In fact, research conducted by the Insurance Research Council shows that, on average, personal injury settlements obtained by claimants who are represented by a lawyer are 3 to 5 times higher than plaintiffs who represent themselves.
3. “I Can’t Afford an Attorney.”
Not everyone can afford the lawyer they need. For example, if you need a lawyer to draft a business agreement or to defend against a criminal charge, you may have to pay your lawyer an hourly rate, which can become extremely expensive depending on the services they provide. Those who cannot afford legal fees often have to represent themselves. However, most personal injury lawyers provide services on a contingent basis. This means that you don’t pay any attorney fees unless you obtain a financial award either by settling your claim (settlement) or winning your case in court (verdict). A standard contingency fee for a personal injury attorney may be between 25 and 40 percent of your financial award, but you never have to pay any attorney fees unless you win. Cost should never prevent you from receiving personal and professional legal representation.
4. “I Don’t Trust Lawyers.”
Because there are some lawyers—including some personal injury lawyers—who are perceived as being more concerned about racking up fees than actually assisting their clients, many people harbor a mistrust of all lawyers. But most lawyers are ethical and are truly invested in the best interest of each client. At Foster Wallace, LLC, we pride ourselves on giving every client the personal and professional representation they deserve. We always have your best interest in mind and we will always provide honest advice and effective representation. Foster Wallace attorneys are attorneys you can trust.
5. “Lawyers Only Complicate Things.”
Many people believe that when someone hires a lawyer it means they are only interested in taking the case to trial, and this may make the other party more defensive or pursue more aggressive tactics in the case. But the truth is, a personal injury attorney will make your case simpler because your lawyer knows what to expect and how to achieve your goals in the case. Although the legal process may be complicated, your personal injury case doesn’t have to be. Whether you settle your case or go to trial, an experienced personal injury lawyer will be more efficient and more effective than if you try to handle your case on your own.
6. “I Don’t Want to Go to Trial.”
Many people believe that if they have a lawyer, they will have to litigate their case at trial. But research show that 91% of personal injury plaintiffs who have a lawyer received some form of payout, while only 51% of plaintiffs with no attorney reach a settlement. And of the personal injury cases that settle, 85% of all insurance payouts go to claimants who have an attorney. This is because insurance companies would rather settle a claim fairly than to risk going to trial when a lawyer is involved. In one study, the average settlement for personal injury claimants who were represented by a lawyer was $77,600, but the average settlement for plaintiffs with no legal counsel was only $17,600. The research reveals that by having an attorney, not only are you more likely to settle your case and avoid trial, but you are much more likely to receive a higher settlement than if you are not represented.
7. “I Don’t Have Time to Find an Attorney.”
Unless you have already hired an attorney with whom you are satisfied, it is unavoidable that finding the right attorney to represent you in a personal injury claim can take some time. You should always research reputable lawyers in or near your location and meet with those whom you think will be a good fit. You may visit with two or more attorneys before you find the right lawyer for you. Although this may take some time, the right lawyer will save you time in the end by understanding your case and working diligently to achieve the outcome you desire. If you are without a lawyer, the insurance company will be anxious to settle your case quickly, which may sound attractive at first, but the settlement offer likely will be significantly less than the amount to which you are entitled and the amount you could obtain with a lawyer. Having the right lawyer on your side will be well worth the time it takes to find him or her.
8. “I Don’t Know What Services a Lawyer Will Provide.”
There is much more to a personal injury case than simply filing a claim and waiting for an insurance check. To be compensated for personal injuries in an accident, you must first:
- Prove what caused your accident;
- Prove that another party was at fault;
- Prove that the party at fault owed you a duty of care;
- Prove that the party at fault violated the standard of care that was expected of them;
- Prove that the other party’s actions caused the accident;
- Prove that you suffered actual injuries in the accident; and
- Prove the value your injuries.
This is a lot to prove. To prove what is required to obtain a fair settlement or to win a money verdict at trial, you will need an experienced personal injury attorney with expertise of the following skills:
- Determining the causes of accidents;
- Collecting relevant evidence, including police reports and eye witness testimony;
- Interviewing witnesses;
- Assessing fault;
- Interpreting medical records;
- Valuing damages;
- Timely filing appropriate legal documents;
- Understanding the law in your jurisdiction;
- Understanding how the local courts and judges operate;
- Settling claims fairly;
- Preparing for trial if necessary;
- Creating legal strategies;
- Preparing and presenting expert witnesses;
- Choosing a jury;
- Clearly explaining complicated facts to a jury; and
- Collecting judgments or filing appeals.
Your case can be won or lost at any one of these stages of a personal injury case. The insurance company for the other party will have an attorney with all of these skills. It is critical that you also have an experienced and skilled personal injury attorney who can fight back and protect your interests. At Foster Wallace, we will fight at every stage of your case to make sure you receive maximum compensation for your injuries.
9. “The Accident Was Partly My Fault.”
Just because you think you contributed to the cause of your accident doesn’t mean you are at fault or that you cannot receive compensation for your injuries. Even if you were partly at fault, you should still have an attorney. Remember that the other party will have to prove their case, and even if they can, you may still receive some compensation for your injuries if they were caused by any fault contributed by the other party. You should always consult with a personal injury attorney as soon as possible because the consultation will be free and your attorney will be better able to assess who was at fault and what compensation you still may be able to obtain.
10. “It’s Too Late (or Too Soon) to Hire a Lawyer.”
Because proving your personal injury claim will require evidence, and much of the evidence you will need is often obtained at the scene of an accident, it is always best to obtain legal counsel as soon as possible after any incident occurs. It is never too soon to seek accurate legal advice. It also is never too late to consult with an attorney about your case, no matter where you are in the process. Medical expenses and financial damages are often ongoing, and negotiating a legal settlement can be a long and arduous process. It is never too late to hire legal counsel to advise you on the best way to proceed in your case.
Foster Wallace, LLC, Offers Personal and Professional Value in Every Personal Injury Case
At Foster Wallace, LLC, we understand that hiring a lawyer after a personal injury accident can be a daunting task, especially if this is your first time hiring a personal injury attorney. You may not know what to expect or what questions to ask, but that’s okay. We will guide you through your entire case, offering personal attention and honest, accurate advice that only serves your best interests.
At Foster Wallace, LLC, we have the knowledge, skill, and experience you will need in your personal injury case to be confident that you receive the maximum compensation you deserve. Call the experienced personal injury lawyers at Foster Wallace, LLC, today at 816-439-8665 for a free initial consultation.
