When Does It Really Make Sense to Get a Personal Injury Attorney?

Millions of U.S. adults struggle with chronic pain. Recent statistics reveal that over 20% of people suffer from chronic pain. This figure may be much higher when taking uninsured populations into account.

A leading cause of chronic pain is previous injuries.

If you slip and fall on your back, you may endure years of pain if you don’t seek medical attention quickly. Unfortunately, finances and time create barriers to quality care. Plus, people are expected to go back to work soon after that.

These issues raise two variables: money and recovery time. Two things a personal injury attorney can help you with.

Let’s delve deeper into this topic to learn if you’re owed a personal injury settlement.

What Is a Personal Injury?

Why do some people get personal injury compensation and others don’t?

What qualifies as a personal injury?

Personal injuries can occur inside and outside the home, but injuries at home are a little harder to define.

Suppose you’re making pancakes and accidentally burn your finger on the grill. This incident wouldn’t be a personal injury since you touched your own pan and the pan itself wasn’t defective. However, if a faulty toaster malfunctions and burns you, you should talk to a personal injury attorney.

Defective products fall under the personal injury umbrella. Similar injuries include food pointing, sharp edges, loose materials, lead, and other toxic elements. You would take a picture of the product and injury as evidence for your injury claim.

However, if you slip and fall on the stairs, you wouldn’t have a personal injury case unless the fall was due to defective material or improper installation. You would file a claim with the contractor’s insurance provider. That’s why it’s vital to choose a licensed and insured contractor.

You should hire a personal injury attorney if the contractor’s insurer fails to compensate you adequately. View here to learn where your injury falls on the personal injury spectrum.

Booking a Consultation With a Personal Injury Attorney

It’s always helpful to secure a legal consultation irrespective of your confidence in the case. Even better, lawyer consultations are free! It’s a great way to get valuable information, so come prepared with lots of questions.

Typically, a lawyer won’t take a case they couldn’t win. Right off the bat, they can tell you whether you have a case or not. Even if a business or manufacturer’s insurer pays you a settlement, they may assess that the appropriate amount was rendered.

The above scenario speaks to the importance of meticulous documentation. Without proper evidence, your claim may be denied. You may receive a sum that barely covers your treatment and recovery time.

Bring any documentation you have to your free consultation. A personal injury attorney will assess any photos, correspondence, and eyewitness testimony you have. They’ll also conduct their own investigation should they decide to take your case.

Negotiate a Higher Personal Injury Settlement

One of the biggest mistakes you can make is negotiating with the other party’s insurance provider. It’s always best to hire a personal injury attorney, even with negotiation experience.

While insurance companies are supposed to pay out settlements, it’s in their best interest to quote the lowest number. Thus, don’t take the first offer on the table. You’re also allowed to present a counter-offer.

Negotiation is all about compromise. You’ll need a reasonable counter-offer, as well. You should also ask the insurer to explain their original offer. This information will help you draft a much stronger counter-offer.

Negotiating involves many working parts. You run the risk of losing your counter-offer if you negotiate alone. A personal injury lawyer can handle this entire process.

You don’t even have to make the counter-offer! Experienced firms know how to assess claims and present higher (yet reasonable) offers that get accepted. Plus, you won’t have to go to a hearing.

Unfortunately, some personal injury settlement cases do go to court. You’ll want an experienced firm on your side during a hearing.

The cases that do go to court typically involve more severe injuries. For example, if a tree falls and injures someone on company property, the case may need a hearing if both parties can’t settle out of court.

What If You’re Injured At Work?

Workplace injuries are also personal injuries. They have all the hallmarks of personal injuries, like slips and falls, burns, cuts, and concussions. However, you would first go through your employer’s workers’ compensation protocol.

Similar to other providers, workers’ comp insurers are incentivized to offer lower amounts. After getting injured, you would report the problem to HR, and an HR manager would arrange for your workers’ comp clinic visit.

But what if the treatment isn’t enough?

What if your employers expect you to go to work with an unhealed injury?

In these cases, you would hire a workers’ compensation attorney, not a personal injury attorney. However, the negotiation and legal processes are similar. It’s important to note that your attorney would be dealing directly with the insurance provider, not your employer.

While your employer documents the time and details of the incident, a workers’ comp attorney can send you to an injury clinic that specializes in treating workplace injuries. They also assess more accurate recovery times.

Emotional suffering is another point injury lawyers raise during negotiations. It’s easier to calculate a settlement sum from the injury itself. Emotional distress is harder to prove legally, but an experienced lawyer will know how to frame your emotional suffering to elicit a higher sum.

One way to prove emotional distress is mental health care. If you visited a therapist after a traumatic injury, you could use those sessions to prove emotional suffering in your claim.

Win Your Personal Injury Case

It never hurts to talk to a personal injury attorney after an accident, even if you’re injured at home. Plus, you don’t have to worry about negotiating your own counter-offers.

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