The aftermath of an accident or injury can be overwhelming. From medical bills to insurance claims, it can be difficult to know if your situation requires legal help. In short, it is beneficial to seek out an attorney as soon as possible to evaluate your case, help you navigate through the legal complexities and ensure your rights are protected following an accident or injury.
Factors to Consider for Hiring a Personal Injury Attorney
Personal injury refers to physical or psychological harm that a person suffers as a result of someone else’s negligence, intentional harm or strict liability. In these cases, the injured person typically seeks compensation for their injuries from the responsible party or parties. Each case, however, may not be so clear cut. Below are some factors to consider when deciding whether to seek help from an attorney for a personal injury case.
Severity of the Injury
Within the personal injury legal area, there is a distinction for serious or catastrophic personal injury, referring to significant and life-altering injuries. These injuries typically have a profound effect on the victim’s day-to-day life, often leading to long-term or permanent disability, requiring extensive medical treatment, or causing significant suffering and loss of enjoyment of life. Some examples are listed below:
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Loss of limbs
Due to their severity, these cases can often result in substantial compensation claims to cover medical costs, lost wages, pain and suffering, and other related expenses. In instances where an individual has suffered a serious personal injury, an attorney can provide invaluable support and expertise.
The Party or Parties at Fault
Identifying the party or parties at fault is a key component of any personal injury case. If you have been injured and believe another party is at fault, an attorney can help you evaluate the circumstances, gather necessary evidence, establish negligence and build a strong case.
This is especially important in situations where multiple parties could be at fault, as the complexity of such cases often requires legal expertise. Additionally, an attorney can help establish the extent of fault, which is an important part of determining the amount of compensation you might receive.
Financial Toll of the Injury
The financial impact of a serious personal injury may involve more than just medical bills. Victims often face a loss of income due to their inability to work, which can bring more financial strains. Compensation in personal injury cases may also factor in “pain and suffering,” or the physical and emotional distress caused by an injury. Pain and suffering can be difficult to calculate, as this distress does not have a direct monetary value. A personal injury attorney can provide assistance in accurately assessing the financial toll of the injury.
Difficulty in Dealing with Insurance Companies
No matter who is at fault for the injury, dealing with insurance companies can often complicate a personal injury case. An insurance company might try to minimize the amount they pay out to claimants, dispute the severity of the injuries, argue about liability or otherwise delay the claim process. A personal injury attorney can help to navigate these hurdles effectively to negotiate fair compensation.
The Complexity of the Case
The complexity of a personal injury case can significantly influence your decision to hire an attorney. Some examples of situations that may make a personal injury case more complex are listed below.
- In cases where liability is unclear, it may be challenging for an individual to prove that another party’s negligence caused their injuries. An attorney can help investigate the circumstances, gather essential evidence and work toward establishing fault.
- If a case involves a government entity, it can become even more intricate due to specific legal protections and different procedures that such entities enjoy. An attorney can navigate these unique complexities, ensuring your case complies with all required protocols and deadlines.
- In situations where expert testimony is required to substantiate claims or clarify technical aspects, an attorney may identify and engage suitable experts to reinforce your case.
- If you have pre-existing medical conditions, the defendant might argue that your injuries were not entirely caused by the accident, making your case more complex. An attorney can work to counter these claims, working with medical experts to distinguish between injuries caused by the accident and those related to your pre-existing condition.
In these and other scenarios, getting help from a personal injury attorney can be even more important to effectively advocate for your rights.
Role of an Attorney in a Serious Personal Injury Lawsuit
In a personal injury case, an attorney can act as a guide, advocate, and advisor for their client throughout the process. They begin by evaluating the case during an initial consultation, determining the likelihood of success and potential value. The attorney should then gather evidence to prove negligence and establish the degree of fault.
They handle all communication and negotiations with insurance companies, seeking to secure a fair settlement. If a satisfactory resolution is not reached, the attorney prepares the case for court, presenting compelling arguments to prove the client’s case. An attorney’s ultimate goal is to secure the compensation that their client deserves, while minimizing the stress and challenges often associated with navigating the legal process.
Discuss Your Situation with a Personal Injury Attorney
With over 50 years of experience, our team at Talbot, Carmouche & Marcello has a wealth of knowledge and a proven track record of success in serious personal injury cases. If you or a loved one has experienced an injury, schedule a free consultation with us as soon as possible. Early consultation allows for prompt evaluation and handling of your case, which can significantly improve the chances of a favorable outcome.