Your Personal Injury Survival Guide Continues
Part Two of a Two-Part Series
You might reasonably ask yourself, “Why should I hire a personal injury attorney?” There are a lot of good reasons, but for one – insurance companies love to see plaintiffs who are not legally represented. This means that, not only can they utilize their own expert legal staff against you, but they can drag out the proceedings to the point that you may well settle out of court simply in sheer desperation.
If you are forced to hold out long enough, you may have to take whatever they offer just to recover something, and get on with your life. But you should also know that an insurance company is under no obligation to settle with you.
Another reason why you should never represent yourself is the complexity of the process. You will be required to answer every request for information and documents and you must be able to do so in a timely manner. Insurance companies are well-versed in the law. You’re not. They know this, and they use it to their advantage.
Finding The Right Attorney
When searching for a personal injury attorney, you will want to put considerable thought and analysis into your selection. There are more than a few “ambulance chasers” out there who are not truly concerned with your best interests. They will work with anyone, under any circumstances, regardless of the legitimacy of the claim.
In order to select a personal injury law firm for your claim, you’ll want to get some information on their background. How long have they been in practice? How much experience do they have in their field of expertise? Do they have an unusually high number of dissatisfied past clients?
Never go with the first person that you come across just because they sound good. You need a frame of reference for comparison. If you cannot get a recommendation from friends, family, or someone else you trust, interview at least two or three firms before making your choice. And never consider using someone who contacts you first. A sound law firm doesn’t need to resort to those practices.
The next thing to consider is how strong your case is. Your attorney will be able to sit down with you and determine what your rights are and how he or she can help protect them.
Even though legal fees differ, they are generally calculated in the same fashion. You should not have to pay anything out of pocket in advance to have someone take your case. Personal injury attorneys work on contingency; a percentage of the settlement they secure for you, so they are paid when you receive your compensation.
Exactly What Are You Entitled To?
More often than not, a claim will settle before it even goes to trial. Insurance companies know the enormous expense that is involved in a long, drawn-out trial. Plus, attorneys won’t be willing to take as low a settlement if they have to invest their time and energy in a trial. Settlements are based on a variety of factors. The first is damages. The amount of damages you might be awarded will be calculated based on three components; physical, mental and emotional, and monetary.
Once it is determined how much the injury has cost you in each of these areas, then a settlement amount can be determined. Your settlement may be determined by a judge, or it could be an amount that is suggested by the defendant’s attorney or the insurance company. In either case, your attorney will advise you whether or not it seems to be a just settlement, given the circumstances of your injury, or if he or she feels you should proceed to a jury trial.
There is sometimes another form of settlement. In situations where the defendant acted in a careless or thoughtless manner, the court may also award punitive damages. This is a way of further penalizing the defendant for his actions.
This article, and the preceding Part One article, should give you the basic foundation to help you assess your situation and begin your search for the appropriate assistance with your claim. Do your research. Choose carefully. And you will be on the right track to ensuring that your case is fairly settled, and you are able to recover from your loss.
When You’re Ready to Talk …
We’re ready to listen. If you’re considering a claim for injury resulting from accident or negligence, it’s important to work with a personal injury attorney who is knowledgeable and experienced in this field, and who has demonstrated a determination to fight for his or her clients.To arrange a free consultation, contact Robert Mandell at The Mandell Law Firm in Northridge. 818.886.6600.
