A common question accident victims ask is if they need a personal injury attorney. After all, filling out some paperwork for the insurance company can’t be that difficult. You fill out the forms, attach your supporting documentation, and wait for your settlement check to arrive.
Unfortunately, most personal injury claims aren’t this simple, and the process rarely goes smoothly. You should expect to hit a few roadblocks and this is when a personal injury attorney can help. The critical role of a personal injury attorney can’t be understated but what exactly are the duties they perform?
Common Duties of a Personal Injury Lawyer
A personal injury attorney is a licensed legal professional that’s in good standing with both their respective state and federal bar associations, which are the bodies governing all lawyers. A personal injury lawyer focuses on one aspect of civil law. The attorney helps accident victims receive compensation for their damages.
Something to note is a personal injury attorney is not a criminal defense lawyer. While injury attorneys can represent defendants accused of negligence, they typically don’t take on criminal cases. So, if you’re being charged with a crime relating to the accident, you may be better off seeking advice from a criminal defense lawyer.
With that being said, here’s a look at some of the duties commonly handled by a personal injury attorney:
- Provide legal advice
- Handle negotiates with insurance companies
- Investigate accidents to help determine liability
- Hire experts who can include medical professionals and accident scene investigators
- Perform discovery. This typically involves requesting evidence from the insurance company and possibly filing motions in civil court
- File lawsuits in civil court
- Examine witnesses either during the claim process or if your case turns into a lawsuit
When you think of personal injury attorneys, vehicle accidents typically come to mind. However, an injury lawyer can handle all types of accidents from slip-and-falls to animal attacks, workplace incidents, and more.
Can You Afford to Hire a Personal Injury Attorney?
You’re probably aware that hiring an experienced attorney isn’t cheap. Even one fresh out of law school can have flat or hourly rates that are out of your budget, which can be especially true after being injured in an accident that may put you out of work. You’re probably already looking at a lot of unexpected expenses and simply can’t afford attorney fees.
Personal injury attorneys have a little more leeway when it comes to their fee structures compared to other types of lawyers. Accident attorneys can charge their clients a contingency fee and this can make legal representation more affordable.
What are contingency fees and how does the payment structure work? A contingency fee is an agreement between a client and an attorney. The lawyer agrees to work on your injury claim for a specific percentage of your compensation. If your injury claim isn’t successful, your attorney doesn’t collect a fee.
If you’re wondering how much of your insurance settlement the attorney is entitled to for their services, the answer depends on the contingency fee agreement. On average, you should expect your contingency fees to be anywhere from 33% to 50%. The complexity of your personal injury claim usually plays a role in determining contingency fee amounts.
You may also owe additional fees and these can apply even if you lose your injury claim. Some examples of additional fees include costs for obtaining records like accident reports and medical documentation. You may also have fees relating to court filing costs. To help ensure you’re not left with a bill, it’s a good idea to go over any additional costs not covered by the contingency fee agreement.
Average Timeline for a Personal Injury Claim
Unfortunately, most personal injury claims aren’t settled in a few days or even weeks, and even a relatively simple claim can drag on for months.
You should expect a lot of back-and-forth between you and the insurance company. Some of this occurs during negotiations but not all. You can spend hours on the phone and emailing the insurance adjuster just to get the claim process rolling.
If this timeline sounds depressing, you can usually help speed up the process by working with an experienced personal injury lawyer. To be clear, this usually doesn’t mean your settlement check will be in the mail the day your attorney takes the case.
However, your attorney is skilled at dealing with the common stalling tactics insurance companies often use to try to force you to accept a low settlement offer. To help keep the legal process moving, your attorney can take the following steps.
File an Injury Claim
Sure, you can file a claim without legal guidance but it’s usually best to let your attorney handle this basic step. Your attorney will ensure the paperwork is properly filled out, and you’re including all relevant supporting documentation.
Submitting an error-free claim form and providing supporting evidence can go a long way toward ensuring your claim isn’t automatically denied due to a clerical error.
Investigate Your Claim
As soon as you submit an accident claim, the insurance company will get to work investigating the accident.
The insurance adjuster will interview any witnesses, review the official accident report, and may even bring in accident scene reconstructionists. This isn’t an attempt to help prove your claim, instead, the insurance company is trying to discredit your version of events.
Your attorney can perform the same investigation, using recognized experts. Some law firms even keep experts on retainers to help ensure a speedy claim process. Employing experts does come with a cost, so it’s a good idea to make sure that this is covered in your contingency fee agreement. So this way, you’re not hit with unexpected charges after settling your injury claim.
Handle Negotiations
Most insurance adjusters are skilled negotiators and if you’re not familiar with their tactics you may end up agreeing to a low settlement offer. Your attorney isn’t just familiar with these tactics, but they’re also skilled at negotiating favorable settlements.
Even with contingency fees, settlements tend to be larger when an attorney is working on your claim. If negotiations fall through, your attorney is ready to file a lawsuit in civil court.
Your Attorney Can be Crucial For a Successful Settlement
While attorneys aren’t cheap, the services they provide are often well worth the cost. If you’re injured in an accident due to someone else’s negligence, seeking legal representation is a wise move.
Even if your claim doesn’t go to court, an attorney can help ensure you receive the compensation you deserve for your damages. Their expertise can make a significant difference in navigating the legal process and achieving a fair settlement.