Do I Need a Personal Injury Attorney?

Do You Need a Personal Injury Attorney After an Accident?

You always have the right to represent yourself by filing an insurance claim or a personal injury lawsuit. However, a personal injury lawyer provides knowledge, experience, and skills tailored to accident cases.

A lawyer guides you through the complicated injury claim system and puts you in the best possible position to win or settle your claim.

When Should You Hire a Personal Injury Lawyer?

The question, “Should I hire a personal injury lawyer?” is not necessarily the right question to ask. Every case is unique, and you may be able to handle your case on your own.

Instead, you should ask, “Under what circumstances should I hire a personal injury attorney?”

You should consider retaining a personal injury attorney in some specific situations.

Serious Injuries or Major Losses

When you have a lot at stake, the insurer and at-fault party have a powerful financial incentive to fight you. Serious injuries often require expensive medical care. They may also prevent you from earning a living for an extended period. As a result, your accident claim could be extremely valuable.

A lawyer can assess the value of your case. Armed with this number, your attorney will negotiate and litigate to fight for a fair outcome in your case.

Disputed Liability

The defense could seize any dispute about liability to deny your claims. For example, suppose you suffered permanent brain damage in a slip-and-fall accident in a grocery store. The shop owner might accuse you of being distracted by your phone or running down the aisles to shift blame for your injuries.

Under Colorado’s modified comparative negligence rule, you can still recover compensation if you were partially at fault for your injuries, as long as your percentage of fault is less than 50%.

Moreover, your compensation is reduced in proportion to your percentage of fault. Thus, you must prove that your share of the blame is as small as possible to maximize your compensation.

A lawyer gathers evidence and presents legal arguments to challenge any assertion that your acts contributed to your injuries.

Lowball Settlement Offer

Insurers pay as little as possible to settle claims. The insurer may offer to settle your case for an amount far below the claim’s value. It does this for two reasons.

First, low offers give the insurer negotiating space. If you reject the offer, the insurer has room to increase the offer to search for the minimum acceptable amount.

Second, you might accept the low offer. When this happens, the insurer will require you to release all legal claims against it to receive your money.

A lawyer can help you assess the value of your case, so you can determine whether a settlement offer is fair. Additionally, a lawyer negotiates on your behalf to settle your case.

What Does a Personal Injury Attorney Do?

Attorneys know how to pursue all types of compensation, and with their experience and legal strategies, they can optimize the approach to your case and avoid procedural missteps. An attorney provides expert management of the case-building process, and they give reliable advice about decision-making that occurs in the case.

A personal injury lawyer will typically provide the following services:

• Provide legal advice and counsel.
• Investigate the accident.
• Prepare an insurance claim.
• Negotiate with the claims adjuster.
• Litigate your case.
• Case evaluation to know the approximate value of the case and what to expect from the beginning to the end.
• Training to identify and plead all of the possible causes of action.
• Answer legal questions at any time.
• Guidance to the right medical experts to identify current and future economic damages.
• Full inclusion of all categories of damages, including lesser-known types of damages.
• Identification and preparation of the evidence that the victim needs to win for each of the pleaded types of compensation.
• Creating court documents; drafting legal documents in reply to the other side’s filings.
• Access to a network of expert witnesses as needed to value losses and explain technical evidence to the jury.
• Preparation for trial.
• Conducting settlement negotiations with the opposing party.
• Give sound guidance, based on training and experience, about whether to settle the case.
• Collection of judgment; taking legal action as necessary to ensure enforcement of the judgment.

Suppose that a semitruck hit your vehicle. A lawyer will review your truck accident to identify the potentially liable parties, including the trucking company, the truck driver, and the truck or trailer manufacturer.

Your attorney will also gather records from the federal government, the trucking company, and the investigating officers. They may also talk to any witnesses and hire experts to review the evidence.

The lawyer then uses this information to prepare a claim for the at-fault party’s insurers. If the insurer accepts liability, the attorney will negotiate a settlement. If the insurer denies liability, your lawyer can prepare a lawsuit to fight your case in court.

Here are several additional scenarios where an attorney benefits their client:

Example 1: A personal injury victim doesn’t know where to begin to file their claim. The attorney prepares a summons and a complaint for the client. The complaint details the legal causes of action and the relief that the victim demands. An attorney files the case in court and serves the other side with the claim. The attorney then continues to work on behalf of the victim to pursue the case and fair compensation for their client.

Example 2: The personal injury victim wants to file a compensation claim. However, they aren’t aware that they can claim compensation for pain and suffering. When they decide to work with an attorney, they learn that the value of their case is much higher than they previously thought. On their behalf, the attorney includes a demand for pain and suffering compensation, along with the other claims for relief.

Example 3: When the plaintiff files a compensation claim, the defendant responds by pleading contributory negligence. The plaintiff doesn’t know how to respond. Not only does the attorney prepare the appropriate responsive pleading, but they also develop the evidence to refute the arguments from the other side.

Example 4: During the trial, the defense objects to the admission of a piece of evidence. The defense says that the rules of evidence that the victim wants to use to admit the evidence don’t apply. However, the victim’s attorney knows the rules of evidence thoroughly, and they point out to the court the applicable rules and how they allow the court to receive the item into evidence. The court agrees to allow the plaintiff to admit the valuable piece of evidence.

Example 5: The defense has offered a settlement agreement. The plaintiff doesn’t know whether they should accept the offer. Together, the plaintiff and their attorney discuss the pros and cons. Armed with honest, informed advice, the plaintiff can make a decision that ultimately results in the best possible outcome for their case.

Can You Handle a Personal Injury Claim Without a Lawyer?

Are you asking, “Do I need a personal injury attorney for every case?” The answer is complicated. You always have the right to handle your case without a lawyer. However, you must balance the cost savings with the risk that you will not recover full compensation in your case.

In cases with only minor injuries that are easily settled through insurance without a dispute, an attorney may not be necessary. However, in all other cases, it is worth hiring a personal injury attorney.

You should also hire an injury attorney to ensure that your case is handled appropriately. When you need to get full compensation, an attorney has the qualifications that you need to win what you deserve. They work quickly and with precision to do what is needed on your behalf.

If you are unsure about the benefits of hiring a lawyer for your claim, consider booking a free consultation to discuss your case with an experienced personal injury attorney.

How Much Does a Personal Injury Attorney Cost?

Injury lawyers typically charge a contingency fee, which is “contingent” on the case outcome. If the lawyer loses the case, you owe no legal fees. If the lawyer wins, you pay a percentage of the damage award or settlement obtained in the case.

Contingency fees benefit accident victims because they ensure high-quality legal representation without upfront costs. This arrangement levels the playing field when facing off against a powerful insurance company with nearly unlimited resources.

How Can an Attorney Help You Deal With Insurance Companies?

Your attorney becomes the point of contact with insurers. As a result, you will not need to deal with the day-to-day handling of your case and will be able to focus on healing instead.

At the same time, the attorney works at your direction. You will have full control over strategy, and you must approve any settlement.

How Long Do You Have To File a Personal Injury Claim in Colorado?

Colorado has a complicated statute of limitations for personal injury cases. Generally, you have two years after an accident to file a personal injury lawsuit. However, Colorado has two important exceptions to this rule.

First, you have up to three years after a car accident to file an injury lawsuit. Second, you have two years after the death of someone fatally injured in an accident to file a wrongful death lawsuit.

In addition to varying deadlines based on the type of claim, Colorado’s statutes also provide several exceptions and tolling provisions that pause the time limits. Consider contacting a lawyer to discuss your accident and your deadline for legal action.

Contact Bachus & Schanker To Learn How We Can Help With Your Accident

Our firm has a fully staffed team of aggressive legal advocates. With millions recovered for our clients and a team focused exclusively on personal injury cases, hiring a personal injury attorney from Bachus & Schanker gives you the best opportunity to obtain fair compensation for your injuries.

We have the experience and legal knowledge to stand up to insurers and hold at-fault parties responsible for the injuries they cause.

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