When an unexpected injury occurs, like in a car accident or a slip and fall in a convenience store, your life can quickly be put on hold. A personal injury, or harm caused by the negligence of a person or place of business, can cause havoc in one’s life.
An injury can cause pain and suffering, such as trouble sleeping, inability to work, financial strain from medical bills, and more. This is the time to ask yourself, “do I need to hire a personal injury attorney?”
When considering if you need to hire a personal injury attorney, there are important questions you should ask yourself, such as:
- Am I injured? If so, am I in need of medical treatment?
- Is my injury due to another party’s negligence?
- Am I unsure of where to look for treatment?
- Am I unable to receive insurance information from the at-fault party?
- What is the statute of limitations in my state?
An experienced personal injury attorney can help you determine the answers to these questions, help you build a strong case, and ensure you secure a fair settlement offer for your injuries.
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5 Scenarios That May Require A Personal Injury Attorney
There are many scenarios that can require you to hire a personal injury attorney. In these situations, there is always one absolute truth, an injury has occurred and it is likely due to another party’s lack of consideration, care, or attention to detail.
Examples of events that may require an experienced attorney include:
- You have been injured in a car accident in which you are not at fault
- You had a slip and fall accident in a business because proper care was not taken
- You have been attacked by another owner’s dog
- You are a victim of sexual assault or battery
- You have been injured in a place of business due to lack of security
1. After Sustaining An Injury Or Disability
Sustaining an injury or disability due to another party’s negligence can bring about a lot of emotions. You may feel confused over what to do next, or have a sense of sadness or anger over the potential impact this could have, or has had, on your life.
You may also have a lot of unanswered questions:
- Who is at fault?
- Will I be able to recover from my injuries?
- Can I afford the medical expenses and rehabilitation costs?
- Am I still able to work?
This is a good time to get in touch with a personal injury attorney as they can clear up many of the “what-if’s” pertaining to your potential personal injury case. Personal injury attorneys can help bring understanding to the incident and get you started on your way back to normalcy.
2. Your Insurance Claim Is Denied Or Delayed
It is an unfortunate truth that insurance companies often deny or delay claims of negligence. So, what happens when you have cause for a personal injury claim, say a car accident, and the at-fault driver or business’ insurance company is refusing to cooperate?
Although your insurance policy claim may be legitimate for compensation, the insurance adjuster can have many reasons for denial or delay.
Reasons for insurance claim denial can include:
- denial of fault—in cases of personal injury, liability is usually the most important detail needed by the insurance company. Even if their client’s negligence is undeniable, the company may argue the at-fault client is only partially accountable.
- extent of injury denial—if the injury incurred from an accident or another incident is internal (below the surface of the body), the insurance company may try to minimize the amount of harm or prove the injuries aren’t from the accident. Because of this, it is important to contact an independent physician to provide proof of injury. Florin|Roebig personal injury attorneys help injured victims secure this proof.
- refuting causation—When injuries have too much proof for denial by an insurance company, the carrier may attempt to explain it away as a flair-up from a pre-existing injury brought on by the accident.
3. If More Than One Person Is At Fault For The Incident
An incident occurs and someone is left injured but there is more than one person at fault, what now?
In every state, there is a Comparative Fault, or Negligence, rule of law. When applied to events involving a personal injury, these laws determine responsibility and damages based on the negligence of every party directly involved in an incident.
There are three types of Comparative Negligence:
- Pure Contributory Negligence: recognized in five states, says “if an injured party is declared even the slightest bit at fault for the [incident], they cannot collect any damages”.
- Pure Combative Fault: Recognized by 13 states, says “Injured person can collect damages even if they’re mostly at fault, but the amount awarded is reduced by the percentage of fault”.
- Modified Comparative Fault: This is the most widely recognized fault model in 33 states, which says that fault is divided into two categories: 50 Percent Bar Rule and 51 Percent Bar Rule.
The 50 Percent Bar Rule states that “the injured party can collect damages if they are less than 50% at fault, but if they are declared 50% at fault or higher, they cannot collect any damages. Additionally, those who do collect damages are awarded a reduced amount based on the percentage of fault.”
The 51 Percent Bar Rule is very similar to the 50 percent bar rule. “However, the injured person can collect if they are 50% or less at fault but not 51% or higher. This rule also reduces the amount an injured person is awarded based on the percentage of fault.”
A personal injury lawyer can help determine who held negligence in your case, what portion of negligence you’re responsible for (if any), and how this will affect your case.
4. If You Are Unsure Who Is At Fault
In some instances, it isn’t immediately known who is at fault for the personal injury and the parties involved may be at odds with one another. Knowing who is at fault is a critical step in filing a claim or personal injury lawsuit. A few principles may apply when it comes to determining fault.
Two major factors that can help determine the at-fault party include:
- police reports
- photo or video evidence of the injury-causing event
For this reason, it’s important to keep all documentation related to an incident of personal injury. Your personal injury attorney can help decide which documentation is important in relation to your case.
5. Filing A Claim Before The Statute Of Limitations Runs Out
After an incident, it is important to know your state’s statute of limitations or the set maximum amount of time that one can file a lawsuit.
In Florida, the statute of limitations is 2 to 4 years, depending on the incident. It can be assumed that the sooner you get in touch with a personal injury attorney, the better.
Do You Need To Hire A Personal Injury Lawyer?
An injury can bring up many questions, emotions, and difficulties, and it may be difficult to recognize if you have a claim, whether you should file a personal injury claim, and if an experienced lawyer can help you.
If you are still considering whether to file a claim, here are some points to consider:
- Am I injured and is that injury due to another party’s negligence?
- Is the at-fault party’s insurance company dodging my calls or giving me the “runaround?”
- Do we know who is at fault?
- How much time do I have to file a claim?
A personal injury law firm can help you sort through the more difficult aspects, like estimating how much your claim could be worth and whether you have a strong personal injury case.
Further, most personal injury attorneys work on a contingency fee basis, meaning they only collect legal fees if you win your case. This may or may not include other fees. When determining your amount of compensation for a successful case, a lawyer’s fees will be deducted from the awarded damages.
An experienced personal injury lawyer will typically offer free case evaluations to potential clients. If you decide to hire a personal injury lawyer, after establishing the attorney-client relationship, they can provide legal advice, help protect your legal rights, and give you the greatest advantage at a positive outcome.
Your lawyer will also do the most difficult tasks for your case as well. This could include hiring expert witnesses (if needed) and closely examining the documentation for the extent of your injuries. That way, you can focus on the most important decisions affecting your life, like getting much-needed medical treatment.
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Contact Florin|Roebig Today To Learn More About Hiring A Personal Injury Lawyer
At Florin|Roebig law firm, we understand the emotional and physical toll a personal injury can cause and the impact it can have on your life. We want to help you file a claim and collect a settlement offer that reflects the damage the injury has caused to your life.
If you or a loved one have been affected by the negligence of another, please contact us today for a free consultation to get started on your case.
