Some people are built differently and prefer not to ask for assistance since there’s very little they can’t accomplish on their own.
Whether it’s a leaky faucet or a flat tire, they have everything under control. However, sometimes it’s necessary to ask for help. An example is when you’re trying to recover compensation after being injured in an accident.
Now, you’re wondering why legal counsel is crucial in personal injury claims. After all, aren’t you only filling out some paperwork and answering a couple of questions? The claims process is often complicated, even when negligence is clearly established.
Why an Attorney Is Often Crucial in Personal Injury Cases
Hiring an attorney can seem like a waste of time and money. You’re not trying to send the at-fault party to jail, you only want their insurance company to cover your damages.
As we mentioned earlier, personal injury law isn’t always easy to navigate. Here’s a look at some of the reasons an attorney may be crucial for the success of your claim.
Familiarity with Personal Injury Law
This may be one of the most important reasons why you should work with a personal injury attorney. The law can vary by state and your attorney is familiar with the various nuances.
For example, some states require accident victims to file a claim with their insurance providers. If your insurance doesn’t cover all of your damages, you can file a third-party claim. You may already be feeling a little confused, but your attorney can walk you through the process.
If your state’s laws allow you to file a claim against the at-fault party’s insurance provider, there are certain procedures you must follow. You may be required to notify all involved parties of your decision to file a claim, and this means more paperwork. If you make a mistake, you may not be able to file a claim.
An Understanding of the Statute of Limitations
All states have statutes of limitations on personal injury claims. The statute of limitations refers to the amount of time you have to file a claim after being injured in an accident. The timeline varies depending on the state, but it tends to be anywhere from two to four years.
The statute of limitations kicks in on the date of the accident and if you miss the deadline, there’s a good chance you can’t file a claim against the at-fault party’s insurance. If you’re filing a claim with your insurance provider, it may also be denied. Your attorney is familiar with your state’s statute of limitations and can ensure your claim is filed on time.
An attorney may also be able to get the statute of limitations temporarily paused if your claim meets the necessary criteria. Some reasons the statute of limitations can be paused include if a minor is injured in the accident. The attorney can request a pause until the minor turns 18. If your injuries are preventing you from participating in the claim process, your attorney can request a temporary delay.
List and Calculate Your Damages
You probably think you’re aware of all of your damages, and you may be correct. However, what about your non-economic losses? Do you know how to list, prove, and calculate the value of these types of damages?
Your non-economic damages often help maximize the value of your claim. If you’re not sure what non-economic damages are, it refers to things like pain, suffering, loss of life enjoyment, and mental anguish.
So, how do you put a price on your pain and suffering? Your attorney can use one of two methods, either the per diem or multiplier method. Both methods are accepted by the insurance company and give a financial value to your non-economic losses.
Omitting these damages from your claim can significantly reduce its overall value and this can leave you with outstanding expenses after settling with the insurance company.
Prove Liability
Some accident claims are easy to prove. There’s plenty of supporting evidence like video footage and witness statements proving the defendant’s liability. If this applies to your claim, congratulations. The process should move along fairly smoothly, especially with support from your attorney.
Other injury claims are more complex and this can make it harder to prove liability. Your attorney has access to resources like expert testimony that may include an accident reconstruction specialist. Your attorney also understands the key key elements of negligence, which also ties into liability. For someone to be liable for your damages, you must show negligence.
Your attorney can show the defendant owes you a duty of care. If you’re involved in a vehicle accident, the duty of care is to follow all traffic laws. Since the defendant didn’t obey traffic laws, they breached their duty of care and caused the accident resulting in your damages.
Proving liability in court can be even more complicated since you’re often limited to the types of questions and phrasing you can use to address fault.
Your Attorney Understands Your Settlement Options
The primary purpose of filing a personal injury claim is to recover compensation for the damages that you’ve faced. Insurance companies are often willing to settle claims for amounts lower than their value.
Your damages may total over $300,000, and the insurance company is willing to settle for $200,000. Sure, this is a significant difference, but it can still be tempting to accept the lower offer just to have some cash in hand.
While your attorney can’t prevent you from accepting an offer, they can help you understand what this may mean for your financial situation. Remember, your attorney helped calculate your damages, so they have a good idea of what you need to get back to normal. If you accept a lower offer and still have accident-related expenses, you can’t file another claim for the same accident.
Your attorney can explain the ups and downs of accepting a settlement offer or continuing to push for the claim’s full value. Even though it may not seem like you need an attorney for your personal injury claim, working with a lawyer may be crucial for receiving compensation.
Website of Source: https://www.zehllaw.com/
Source: Story.KISSPR.com
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