10 mistakes when hire personal injury lawyer

by Keenan Russel 6 min read

10 Common Mistakes Made by Personal Injury Claimants
  • Vague Assessment of Injuries. ...
  • Unrealistic Expectations or Fears. ...
  • Skipping Medical Treatment. ...
  • Overlooking Medical Records. ...
  • Failure to Retain Evidence/Important Information. ...
  • Settling without Negotiation. ...
  • Not Hiring a Lawyer. ...
  • Inadequate Attorney Shopping.
•
Feb 8, 2021

Why do I need a personal injury lawyer?

This usually occurs because the injured person is simply unaware of the benefits available to them. The right Personal Injury Lawyer can help you get the benefits you deserve, to help you get the treatment you need, or even to supplement your income if you’ve been off work.

How do personal injury lawyers work?

Personal Injury Lawyers usually work on a contingency fee (no win, no fee) basis, and charge similar fees. Some Personal Injury Lawyers have graduated fees, which means that as your lawsuit goes on, the fee increases. The initial fee may be low to attract clients, but as the lawsuit reaches each important step, the fee goes up, and can eventually end up much higher than the average fee for Personal Injury Lawyers in the area. When choosing a Personal Injury Lawyer, experience, reputation, service, and personal recommendation are all considerations which are much more important than the fee. If your Personal Injury Lawyer practices exclusively in that area of law, and has been in business for decades, and has a great reputation in the community, it is likely that they are worth their fee.

Why are insurance companies in business?

In reality, insurance companies are in business to make money for their shareholders. Unfortunately, many people do not come to this realization until they have had an accident and need to deal with their own insurer.

What does it mean when someone is injured in an accident?

When a person is injured in an accident, it can also mean pain in the pocketbook. Injuries may prevent you from working, and even if you are receiving benefits from your employer or your own insurance company, it may not be enough to cover all your regular bills, not to mention any additional medical or housekeeping costs you are facing. The defendant’s insurance company is empowered by law to make advance payments to injured plaintiffs, but in practice, this rarely happens. Faced with mounting bills and dwindling funds, many injured plaintiffs look for short-term financing as a solution. There are many companies that will gladly lend money to a person who is involved in a lawsuit and is expecting to receive a settlement. The problem is that these companies charge interest rates far beyond what a bank would charge because they know that banks won’t make these types of loans. An injured person who borrows $2000 from a settlement lender could end up owing more than twice that in just 2 years. The best Personal Injury Lawyers encourage injured plaintiffs to exhaust every possible avenue for financing before going to a settlement lender, whether through a bank line of credit, mortgage refinancing, or borrowing from friends and family.

Can a lawyer help you with personal injury?

If you need access to treatment, but cannot afford it, the right lawyer can help you. If you are unsure about your rights, a lawyer can explain them to you. Most Personal Injury Lawyers offer free consultations, and “no win, no fee” arrangements also known as “Contingency Fee Agreements”, so there is little to no risk in discussing your claim ...

Why is it important to get help for an injured person?

The most important thing an injured person must do is to get the treatment needed to get better. People lead busy lives, and it’s easy to forget to take time for yourself, to take care of your health. Some people require psychological help or counselling, but don’t go because of the negative stigma of mental illness. Often doctors or other treatment providers don’t provide the help or the understanding an injured person requires, particularly for those suffering from soft-tissue injuries. The reasons are many, but the importance of getting all the treatment you need cannot be overstated. Without proper treatment, you will take longer to recover, and may also lower the amount of your compensation, as the law recognizes that an injured person must take their recovery into their own hands.

Why don't people go to counseling?

Some people require psychological help or counselling, but don’t go because of the negative stigma of mental illness. Often doctors or other treatment providers don’t provide the help or the understanding an injured person requires, particularly for those suffering from soft-tissue injuries.

What happens if you are not at fault for a personal injury?

Personal injuries come in numerous ways and most of the time they happen as accidents that could hardly have been avoided. However, if it is not your fault and you believe the other side is fully to blame for your injuries, there is a lot you can do in terms of taking legal action. Still, people who sadly experience personal injuries in this sense make a wide variety of mistakes that greatly reduce their chance at compensation in court. In order to help you with this, we assembled this list of the most common mistakes all personal injury clients make in order for you not to. Moreover, if you are currently experiencing consequences of a personal injury that was another person’s blame and are based in or around Atlanta, Georgia, make sure to check out The Dixon Firm. They have all you need to turn things around for the better.

Why are eyewitnesses important?

Just like the evidence, eyewitnesses are important for your case since they are the ones who clearly saw what happened without being involved. They will have crucial details about all the different factors that led to the injury taking place, an insight that the lawyers and the court, in general, will take into evaluation when making their decision. A witness is the third party in every scenario, and they can be as objective as possible since all they should care about is justice. If they saw you run a red light you have nothing more to add. But if it was not your fault and they saw it, they can be the one to weigh the case on your side and in your favor. Talk to them with your lawyer present and ask them for their own details about the accident. If you have more eyewitnesses, ask them if they would like to help you get compensation for your personal injury. There is no reason to expect them not to.

How do you exercise negligence?

Some claimants exercise negligence by losing receipts and other tangible evidence that are integral to their claim. Make sure to keep track and secure all relevant information and documentation that supports your case.

What happens if you don't consult a doctor?

If you don’t consult a certified doctor for your injuries, you may not have a case. Even if your injuries seem minor at the time of the accident, you must seek medical attention at all costs. Strictly follow up with treatment and never miss an appointment with the doctor. The medical reports and testimony issued by the practitioner are crucial to your claim.

Can you file a claim without medical records?

Filing a claim without using medical records is a ridiculous, yet common mistake. The defendant’s insurer may respond to a claim immediately by making an offer. However, you must be patient and wait for your medical reports to come in; without them, it would be impossible to estimate the true worth of your case.

Do not fall for bait?

No matter how appealing the insurer’s initial deal looks, do not fall for the bait. Once you agree to a proposition, there is no turning back. Take your time to think and push for a better offer.

Can you deal with an insurance adjuster on your own?

Dealing with the defendant and their insurance adjuster on your own is never a good idea . They will try to trick you into accepting a scanty offer or even attempt to deny your claim. Hire a Philadelphia Personal Injury Lawyer to fight for you and win the compensation you deserve.

Is personal injury easy to claim?

Personal injury cases are rarely straightforward and claiming compensation from the at-fault party is never easy. More than 50% claimants are victims of auto accidents injuries that are normally covered by vehicle insurers; yet, the claim process can be complicated under certain circumstances. The majority of personal injury victims are in a financially compromised and emotionally vulnerable state, which is why fulfilling legal obligations becomes a burden. Lack of familiarity with how personal injury law and insurance works leads them to make these common mistakes:

What happens if you are at fault in an accident in Texas?

If the other driver (or anyone else) was at fault in the accident, you are entitled to full compensation for the financial and non-financial costs of your injuries under Texas law. This includes costs such as:

Should I post about my car accident on social media?

While your auto accident claim is pending, you should avoid discussing your accident on social media. Anything you post is fair game for the insurance companies; and, even if you think that what you are posting is harmless, there is a good chance that the insurance companies will find some way to try to use it against you. For now, keep the details to yourself, and make sure you receive the compensation you deserve before you post about the accident online.

Can insurance companies blame you for your injuries?

At some point during your claim, the insurance companies may try to blame you for causing your own injuries. If this happens, you should not assume that you were fully – or even partially – at fault. Rather than relying on the insurance companies to tell you if you have a claim, you need to hire an injury lawyer to conduct an investigation and assess your legal rights with your best interests in mind.

Can a car accident cause serious injuries?

Car accidents can result in serious injuries; and, even if you feel relatively okay initially, this does not necessarily mean that everything is fine. If your symptoms change, worsen, or simply do not go away, you need to make sure that you are receiving the treatment you need in order to recover.

Should I give my insurance company additional information?

Beyond the basic information required in order to file your claim, you generally should not be giving any additional information to the insurance companies—at least not right now. When it comes to dealing with the insurance companies, you should rely on your injury attorney to decide what information to provide and when to provide it. At this stage, any information you provide will only be used against you, and you do not want to make any guesses or assumptions that could end up jeopardizing your financial recovery.

Do you need to see a doctor for financial compensation?

If you intend to seek financial compensation for your injuries, you need to see a doctor promptly. Recovering financial compensation requires proof that your injuries are accident-related; and, the longer you wait to seek treatment, the more of an opportunity the insurance companies will have to argue that your injuries could have resulted from an intervening cause.

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Choosing Based on Visibility

  • While you may see a lawyer’s face plastered all over town, on TV, and on the internet, it does not mean they are necessarily better than the rest. It simply means that their marketing team works hard to make them famous. Hiring a personal injury lawyer based on their visibility alone can do more harm than good, as an expert lawyer does not always go overboard on advertising thems…
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Not Asking Friends and Family For References

  • With so many personal injury cases being filed each year, someone you know is bound to have hired an injury attorney. Not asking your family, friends, or acquaintances for reference can prove to be a grave mistake. Since they have used the services, they can provide valuable feedback.
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Assuming One-Size-Fits-All

  • Law is like medical practice. Each specialist knows their field the best. Similarly, not all lawyers are cut out to work on personal injury claims. General lawyers, criminal lawyers, and bankruptcy lawyers are not qualified to work on injury cases. Therefore, find an attorney based on their specialization and qualifications in personal injury cases. Similarly, your lawyer should also not t…
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Hiring An Inexperienced Lawyer

  • Hiring a lawyer fresh out of grad school can be a mistake. Lawyers hire fresh graduates to assist, but mainly for the legwork. Instead, look for an experienced lawyer. An experienced lawyer is adept at the strategic aspects of fighting for the justice and compensation you deserve. So, make sure an experienced attorney handles your case.
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Paying An Upfront Fee

  • A personal injury lawyer should not charge you any upfront fee. They will instead take a cut from your settlement. The rate is usually between 33% and 40%. If you hire an attorney who demands an upfront fee, that should ring warning bells in your head. You may also see attorneys advertising a discounted price. This is someone you should probably avoid if you want to skip making a cos…
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