A lawyer is very important to ensure you receive a fair settlement. He/she will help you evaluate your claim against the individual(s) or entity responsible for your injuries and other damages, taking into consideration whether you have a valid claim, the statute of limitations, and your chances of winning and collecting money.
Example: your spinal cord injury was caused by a hit playing a high school football game. But because of your worries about the injury, you did not quickly contact a lawyer. While your chances of recovery against the defendant were high, your period to file a suit has passed. Or, imagine that your deadline for filing has not expired, but the defendant is not insured and does not have assets to collect from. The attorney will have to consider that if you win a lawsuit, you may not collect a dime from a person who has no money.
The attorney will collect medical records and other evidence, and will make sure he or she has all the information necessary to determine what your claim is worth. The attorney will also make sure you have access to the treatment and resources you need to have the best chance to recover from your injuries. In many cases, a lawsuit can be avoided and the case can be settled without the necessity of going through a trial. Just because you have a lawyer does not mean a trial; most cases settle out of court.
If the defendant(s) are insured, their insurance company will hire an attorney to represent him/her and will pay any damages, up to the policy limits, that you recover in a lawsuit. Most cases do not proceed to trial because insurers prefer to pay a reasonable claim settlement sooner, rather than risk having to later pay not only for your injuries, but also court costs and lawyer fees. The final payment amount that an insurer will pay you to settle an injury claim should take into account medical care, lost income, loss of family, social and educational experiences, temporary and permanent pain and other physical discomfort. An insurance company’s first offer is rarely their best offer.
If you do battle with an insurer without an attorney, someone experienced in these claims may get information from you that can be used against you later. From the insurance company’s standpoint, settling the claim is strictly a cold business transaction. It is not a situation where being nice to them and telling them you do not want to hire a lawyer is going to get them to treat you better than other claimants.
That’s why you need your own attorney—to level the playing field, and to get every penny you are entitled to obtain. An experienced attorney will be able to help you understand what you really need to consider to maximize your settlement and make sure the compensation you receive is sufficient to cover your needs. Normally, the amount an attorney can increase the settlement makes up for the attorney fees that you will pay. If you would like an experienced attorney to evaluate your case at no cost or obligation to you, fill out the case evaluation form provided by FreeAdvice.