Do I Really Need a Personal Injury Lawyer?

If you've been in a car accident, your first instinct may be to handle the insurance claim yourself. And sometimes, that's perfectly reasonable.

If no one was injured and your car has little or no damage, there may be no reason to hire a lawyer. You can deal with the insurance companies, get your car repaired, and move on.

But once someone is injured, the situation changes.

An injury claim isn't simply about getting your medical bills paid. It's also about receiving compensation for pain and suffering, lost income, future medical care, and other losses. Determining what your claim is worth, and getting the insurance company to pay it, is considerably more complicated. That is where an experienced lawyer can make a substantial difference.

Research shows that hiring a lawyer pays for itself... and more

One of the most reasonable objections to hiring a lawyer is: Why should I give a lawyer a percentage of my settlement when I can negotiate with the insurance company myself?

It's a fair question. But research suggests that hiring an accident lawyer can actually leave you with more money, not less.

Nolo surveyed people who had handled personal injury claims and found that those who hired lawyers received an average of $77,600, compared with $17,600 for people who represented themselves. Even after accounting for attorney fees, people who hired lawyers received nearly three times as much compensation, on average, as those who handled their claims themselves.

The main factors causing that difference are discussed below.

1. The insurance company does this every day. You probably don't.

After an accident, you may be dealing with an insurance adjuster who is friendly, professional, and helpful. But remember that insurance companies are motivated to resolve your claim for as little as reasonably possible. They are not your friend.

Insurance companies handle thousands of injury claims every year. If you're lucky, you'll only deal with this once in your life. Insurance companies know what claims are covered (and what's not covered), what evidence matters in court, and what arguments can reduce the value of your claim. You, on the other hand, have probably never read the fine print of your insurance contract. For example, do you know how Uninsured Motorist coverage actually works?

You may be highly educated and an excellent negotiator, but that doesn't put you on equal footing with someone who negotiates injury claims every day.

2. It's surprisingly difficult to know what your claim is worth

This is perhaps the biggest difference between an injury claim and a typical property damage claim.

If your car needs $8,000 worth of repairs, you have a fairly concrete number to work with. An injury is different, and you may not realize what you're entitled to recover.

People often think of an injury claim as reimbursement for medical bills. But what's a fair value for three months of back pain? What about an injury that reduces your ability to exercise or play with your children? What if you need additional treatment for six months or more? What if the injury affects your ability to work or your future earning capacity?

Although there is no simple formula that answers these questions, all of these factors and more can be considered when evaluating a claim. At Westwood Law, our experienced attorneys can present all of these factors in the best light on your behalf, and in a way that the insurance company can understand.

3. Determining fault and liability isn't always straightforward

Determining who is responsible for an accident is not always as straightforward as identifying the person who was driving the other car.

Depending on the circumstances, there may be questions involving multiple drivers, employers, vehicle owners, or insurance policies. In some cases, defective products or dangerous roads could also be partly or jointly responsible.

There can also be complicated issues involving health insurance claims, medical liens, or reimbursement rights that need to be addressed when the case settles.

4. You don't want to accidentally hurt your own case

Most people handling their own claim don't know which seemingly minor decisions can affect the claim later. A statement to an insurance adjuster, signing a release too early, failing to preserve evidence, or underestimating an injury can potentially cause you to lose your future rights.

A good lawyer will make sure that doesn't happen. Just as importantly, a good lawyer can help you avoid accepting a settlement before you know the full extent of your injury.

5. A good lawyer negotiates from a position of strength

Most personal injury cases settle. But the fact that a case could go to court is an important part of negotiating a settlement.

If you represent yourself, the insurance company knows that you probably don't have the ability to take the case through trial. This includes filing lawsuits, holding depositions and conducting discovery. That's why they usually give you a lowball offer and hope you quickly accept.

At Westwood Law, we work with you to build up the evidence record for a proper claim. This includes the police report, medical treatment records, expense reports, expert opinions about future medical care, accident-reconstruction evidence, and other documentation.

When we present strong evidence to the insurance company, they know that we can ultimately prevail in a jury trial if necessary. That allows our attorneys to negotiate from a position of strength and obtain a settlement in your favor, because having the ability and willingness to go to court can affect what the insurance company is willing to offer.

How much does an accident attorney cost?

Most personal injury lawyers, including Westwood Law, work on a contingency fee basis. That means you only pay if you win. There are no hourly fees, no upfront costs to get started. Instead, the lawyer receives an agreed-upon percentage of the recovery if your case is successful. For Westwood Law, that fee is 33-1/3% if the case settles before a lawsuit is filed, and 40% after.

Third party costs are typically advanced by the law firm and reimbursed once the case is resolved. In most cases, you may want to use medical practitioners recommended by your lawyer. You can get treatment from specialists and other practitioners without a copay or deductible. If you have your own insurance and want to use your own doctor, you can certainly do that as well.

The important point is that you don't have to be wealthy to hire a personal injury lawyer. Contingency fees allow injured people to obtain legal representation without paying legal fees upfront.

The Bottom Line

If you're in a minor accident with no injuries, handling the insurance claim yourself may make perfect sense. But if you've been injured, the stakes are raised and the process is completely different.

You may be dealing with disputed liability, multiple medical expenses, and a claim whose value is difficult to determine. Meanwhile, the insurance company deals with these complications every day.

If you're injured, it's definitely worth talking to an experienced injury attorney before you decide to handle the claim yourself. A good lawyer can protect your rights and help you obtain the justice you deserve.