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Personal Injury Claims: When You Need a Lawyer

Personal Injury LawIf you have been injured and it was not your fault, you may be upset, afraid and confused about what you should do. It can be hard to know if you truly need a lawyer or if you need to talk directly to the insurance company.

Personal injury lawyers can file your case paperwork, acquire and prep professional witnesses, gather evidence, represent you to insurance companies and perform other legal tasks in your best interests. This type of legal assistance can be invaluable to making a successful claim and getting timely compensation from the insurance company. If you are unsure if your particular personal injury claim could need a lawyer, consider whether your situation falls into any of these instances when people typically find that they require legal representation.

The Insurance Company Denies Your Claim

Attorneys can file a dispute if the liable party’s insurance company denies the claim. They can understand the potential reasoning behind the denial and inform you of what you may need for the insurance company to approve your claim.

Common reasons why an insurance company may deny your claim include:

  • It may allege that you are responsible for the accident.
  • It may believe that another party is responsible for the accident.
  • It may not believe that your injury or limitations caused by the injury are as extensive as you claim.
  • It may claim that you are not truly injured.

A personal injury lawyer can investigate the accident, collect evidence, access supporting information that is typically difficult to find and seek out professional witnesses to support your claim further. Providing this information to the insurance company can help improve your bargaining position and increase the chances of getting approval for your claim.

The Insurer Delays Payments or Actions on Your Claim

In an attempt to hold on to its money longer, an insurance company may attempt to delay settlement payments. It may also try to run out your claim’s statute of limitation by becoming unresponsive in any form of communication or action regarding your claim. Both of these situations can be frustrating and also detrimental to your recovery if you are depending on the claim payments to pay your medical bills.

If the liable party’s insurance company has become unresponsive, whether you accepted a settlement or not, a personal injury lawyer can take action to get the company to respond to you. Your lawyer can hold the insurance company accountable for bad-faith practices, such as delayed action or payments, and help ensure it handles your claim fairly and quickly.

The Settlement Offer Is Low

Insurance companies tend to view claim settlements as a negotiation process. This means their initial offer of compensation may not be fair or appropriate for your injury.

Suppose you feel that the settlement offered is low or insufficient to cover your needs. In this case, a personal injury lawyer can assess your situation and give you an approximate amount that you should expect to receive. Legal professionals can also advise you on your chances of obtaining a higher settlement from the insurance company or represent you and your interests to the insurance company.

Many personal injury lawyers offer a free consultation to assess your case and do not charge upfront costs if you hire them to represent you. This makes consulting a lawyer regarding your settlement a no-risk way to help you receive the compensation you deserve.

The Insurance Company Continues To Make Low Offers

If you provide a counter-offer to the insurance company’s initial settlement, there is a chance the company’s subsequent offers will also be low. If the insurance company will not negotiate and offer a reasonable settlement amount, it is considered a bad-faith practice.

Hiring a personal injury lawyer to negotiate on your behalf can effectively achieve a higher settlement amount. Additionally, your lawyer can represent you should it become necessary for your claim to go to court.

The Injuries Sustained Are Serious

Several factors determine the level of seriousness assigned to your injury: the disability caused; whether the injury is permanent, short-term, or long-term; and your medical bill costs. The amount of your compensation is also based on these factors. It can be challenging to assess and place a clear value on your injury. Hiring a knowledgeable and experienced lawyer to determine a suitable compensation amount and represent you can help ensure that you receive the highest possible compensation for serious injuries.

The Claim Involves Multiple Injured People

When multiple people are injured, such as in a multi-vehicle traffic accident, the injured parties can file independently or jointly. However, regardless of how you and the other injured parties choose to file your claims, you all are likely filing a claim against one insurance policy if one driver is determined to be at fault.

The at-fault driver’s policy may deny your claim because the policy has reached its limit in coverage or if all parties involved cannot reach a settlement agreement. In this case, personal injury lawyers can be an indispensable asset. They can work through the complicated nature of a multi-person injury claim to ensure that you are awarded the compensation you deserve.

The Claim Involves an Injured Person Who Dies 

When the person who filed a personal injury claim dies from the injuries, the claim is then considered a wrongful death case. While both personal injury and wrongful death claims involve harm due to negligence, they are not the same and are subject to different evaluations when considering compensation.

If you find yourself in this situation, a personal injury lawyer can represent you in a wrongful death case as you deal with the death of your loved one. The lawyer can ensure you have a strong case and file the claim quickly, within the statute of limitations.

The Claim Alleges Exposure to Toxins

Claims that involve exposure to toxic chemicals in food, commercial or manufactured goods, the environment or water are not easy to establish. They also typically require detailed data and extensive evidence and may even call for professional witnesses. It is unlikely that you could adequately acquire this kind of information and professional support without the help of an attorney.

Additionally, the companies that manufacture toxic chemicals are well aware of the risks of exposure. They tend to have strong legal support and representation to defend themselves against toxic exposure claims. If you do not also have solid legal representation to support your claim and combat their fortified defense, it is doubtful that you will be successful.

The Claim Involves Medical Malpractice

Similar to claims for toxic exposure, medical malpractice claims generally require the experience and resources of a personal injury lawyer to be successful. There are various complicated laws and medical issues involved in medical malpractice cases. As well, the physicians, labs, technicians, registered nurses, physicians assistants and other medical personnel and entities typically have strong legal representation.

The team at Jason Stone Injury Lawyers is ready to fight for you while you focus on putting your life back together. The Stone Cold Guarantee means that you pay nothing upfront and that when you book a free consultation, There’s No Obligation, Just Information. If you need a professional and empathetic lawyer dedicated to supporting all of your post-injury needs, you Better Phone Stone.

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