Experts In This Article
- Michael T. Gibson, Esq., Lead Attorney & President at Michael T. Gibson, P.A., Auto Justice Attorney, Catastrophic Injuries Expert and Licensed for 17 years
- Todd Curtin Esq., Partner & Lead Trial Attorney at Michael T. Gibson, P.A., Auto Justice Attorney and Licensed for 8 years
- Amit Jhalli, Esq. Attorney at Michael T. Gibson, P.A., Auto Justice Attorney, Personal Injury Pre-suit Investigation & Brain Injury Expert and Licensed for 9 years
Why Should I Pay For A Lawyer?
After being injured in an accident, many people are tempted to try to obtain compensation for the expenses and impacts of their injuries without the help of an attorney. Most often, they are worried that they cannot afford one or will wind up using any compensation they receive to pay for the attorney’s services. However, some do not understand what an attorney can do to help them obtain the most amount of compensation available for their claim.
If you have been injured in an accident, let an experienced personal injury attorney help you understand the process of seeking compensation for the expenses and impacts of your injury and the type of services they can provide to assist you with your claim.
The Experiences Your Lawyer Brings to Your Claim
Becoming a lawyer requires around seven years of post-high school education, including four years of undergraduate study and another three years of law school. Following these educational requirements, the individual must take the bar exam to obtain their license to practice law. Generally, the new lawyer then goes to work for a legal team where they have the opportunity to work alongside senior attorneys and gain experience and insight into the actual practice of law.
The most powerful tool your lawyer can bring to your claim is their experience with various cases like yours. Some of these aspects and the role your lawyer plays in them are described below.
The Legal Process
The laws of your state govern the personal injury claims process, including how long you have to file your claim and the type of behavior that is considered negligent. Additionally, state laws govern the minimum amount of liability insurance the at-fault party must have and even the ethical responsibilities of insurance companies and lawyers. From start to finish, even if your claim resolves before it goes to court like the vast majority of personal injury claims are, seeking compensation for your injuries is a legal process.
This process took years for your lawyer to learn, and even after learning it, they have the assistance of a legal team of professionals. For those without a legal background, working alone and on a 1-4 year deadline, this process can be overwhelming depending on the statute of limitations in their state.
How Does Your Lawyer Determine Your Claims Value?
The value of your claim is the starting place for settlement negotiations, as well as the amount of compensation that will be sought through a lawsuit if the at-fault party’s insurance company fails to offer a fair settlement.
This amount entails:
- How much insurance the at-fault party has.
- The severity of your injuries and the likelihood of permanent disabilities that will impair your future earning capacity.
- The injury expenses, including medical costs, the cost of repairing your property that was damaged in the accident, wage loss, and more.
- The clarity of liability.
- Any egregious recklessness would warrant punitive damages. Punitive damages involve extra compensation given to you not as compensation for your injuries but as a financial consequence for a particularly reckless defendant.
Placing a value on a claim is often a delicate balance between ensuring that you receive enough to fully compensate your injury while being mindful of insurance policy limits and the ability to prove through evidence that your injuries are severe enough to deserve that level of compensation.
Your Prognosis
Personal injury lawyers gain a lot of experience in the type of medical documentation needed to prove the seriousness of your injury, particularly in states like Florida, whose no-fault insurance scheme allows personal injury lawsuits only to be filed for injuries that meet the state’s serious injury threshold.
An experienced personal injury lawyer has a working knowledge of medical terminology and the ability to understand the documentation provided by your doctor. Individuals who attempt to obtain this information are often losing what to request from their doctor.
What Constitutes Fair Compensation
The vast majority of personal injury claims settle before trial. Only you can decide whether to accept a settlement offer. One of your lawyer’s essential roles in your claim is guiding so that your decision is informed.
Settlements are final. If you accept a settlement and realize later that it was not enough to compensate you for your injury fairly, you could be left paying for expenses out-of-pocket. A lawyer can help you understand the costs and impacts of your injury and the amount of compensation needed to cover them all.
The Evidence Needed to Prove Liability
The liable party is the individual or entity who is legally responsible for causing the accident that resulted in your injury, which means they are also legally responsible for compensating you for the damage that they caused.
To prove liability, your attorney will try to prove:
- The at-fault party had a duty in a given set of circumstances to exercise care to avoid causing physical harm or property damage to others.
- There was a breach in this duty when the at-fault party took careless or reckless actions.
- This breach resulted in an accident in which you were injured and caused you to incur expenses and impacts.
Some of the types of evidence attorneys rely on to help them prove their clients’ claims include:
- A police report or accident report of the incident.
- Photographs of the scene where the accident occurred.
- Photographs of the damage the accident caused, such as to the vehicles in a motor vehicle accident.
- The results of laboratory tests that show impairment in motor vehicle accident claims.
- Engineered reports regarding dangerous property features in premises liability claims.
How to Present Your Case to the At-Fault Party’s Insurer
Insurance companies are in the business to make money. One of the ways they do this is by avoiding large payouts on personal injury claims. To avoid these payouts, they often engage in tactics designed to lead unsuspecting personal injury claimants into accepting low settlements or making a statement that pushes the notion of liability away from their insured.
To protect the value of your claim from falling victim to insurance company tactics, your attorney will manage communication with the at-fault party’s insurance adjuster, keeping the topic focused on negotiating a settlement that constitutes fair compensation.
How to Present Your Case in Court
If the at-fault party’s insurer fails to offer fair compensation to settle your claim, you can file the claim in court as a personal injury lawsuit. This allows the court—a judge and/or jury—to determine how much compensation you deserve for the expenses and impacts of your injury, and who must compensate you.
Your attorney has experience presenting claims in court and will prepare the evidence to prove liability and your expenses. They will also understand the rules regarding examining witnesses and the necessary types of witnesses to help the court understand what happened and how it has impacted you.
How to Collect Your Settlement or Award
Nearly all compensation received through personal injury claims is from insurance policies. Most people and even many businesses cannot pay for the costs of someone else’s injuries out of pocket.
In addition to providing the services listed above, a personal injury lawyer will also collect your compensation. It generally takes about six weeks for your payment to process. During this time, if your compensation is coming to you by way of a negotiated settlement, you will be asked to sign a release for the insurance company stating that you have no further claims against the at-fault party’s policy.
Additional Benefits of Hiring an Attorney
In addition to providing experience in investigating claims, negotiating settlements, litigating cases, and garnering positive outcomes for their clients, a personal injury legal team can provide additional benefits, including:
- Assisting clients in Orlando with other incidentals after auto accidents, including opening a claim with their personal injury protection policy so they can rent a car or visit a doctor
- No-cost, no-obligation legal guidance through a free case evaluation for those who have been injured in an accident and want to know more about the personal injury claims process
- A More for You guarantee, which ensures that if you get a settlement, you not only will receive money from it, but you will receive more money from it than your attorney does. If needed, they will reduce their fees to ensure you get more than them
- A Client Communication guarantee, which ensures you that when you call the office in need of information about your claim, they will return that call the same day, and you will always have access to your attorney
- A legal team is large enough to handle all aspects of your claim and committed to providing a small firm, family feel for their clients
- The resources to handle even the biggest, and most complex cases
Why Affording an Attorney Is Not an Issue in a Personal Injury Claim
Many people hesitate about hiring an attorney because they do not believe they can afford one. It is of little wonder, seeing how most people only know about lawsuits by what they hear in the news or see on television, almost always featuring a dramatic courtroom battle, references to “retainers,” and lawyers in fancy cars.
The truth is, anyone who needs assistance with their claim can afford a personal injury attorney, thanks to the typical contingent fee billing method. The contingent fee billing method is an agreement between you and your attorney that allows you to wait to pay for your attorney’s fees until there is a positive outcome to your claim.
You do not have to pay anything upfront or worry about keeping up with hourly bills while your claim resolves. Your attorney can start working right away on your claim and keep working on getting your compensation to you as quickly as possible.
When your case resolves, your attorney will receive your compensation and take a percentage for their payment as outlined in the agreement you signed with them at the start of your case. They will also pay any debts listed in your contract before forwarding the remainder of your compensation to you.
Injured in an Accident? A Personal Injury Attorney Can Help
So is it worth hiring an attorney? Yes, let a personal injury attorney help you understand the legal process and the services they can provide to assist you in having success with your claim.