You Don't Always Need A Lawyer

Yup... sounds strange, doesn't it?  A personal injury lawyer saying, "you don't always need a lawyer".  Well, it's true.  When someone has been in an accident, they don't always need to hire legal counsel to help get their claim resolved.  There are times someone can easily and efficiently deal with an insurance company and get a fair settlement.  So what does that type of claim look like?  It's probably better to look at some of the reasons people hire lawyers in the first place to understand when you don't need a lawyer. Those reasons often include:

1.  Disputed Liability - this is when the insurance carrier is refusing to accept responsibility for your claim.  Most often the insurance company will claim that you were partially at fault in causing the accident (also known as contributory negligence). This usually forces a person to either abandon their rightful claim, or hire an attorney to fight the insurance company.
2.  Disputed Injury - this is when the insurance company does not believe you were injured.  They will pick apart your medical records, dredge up information about your past health and look for any way to claim that you could not have possibly been injured in the accident.  A popular claim by the insurance company is to say that based upon the amount of property damage to your vehicle, the force of the impact was insufficient to cause you injury.
3.  Complex or Lengthy Medical Treatment - usually, the higher your medical bills are, the more your claim is worth.  Thus, if you get any form of extended treatment past the emergency room, the insurance company will start looking for ways to discount your continued treatment.  They may claim that you waited too long to seek medical attention after the accident, or that it was not medically necessary for you to seek additional medical treatment.  Lately, almost every visit someone makes to the doctor seems to be a battle with the insurance compaines. 
4.  Unreasonable Insurance Adjuster - this is that person assigned to help you with your claim (the word "help" being a bit laughable).  Never forget... this is the person that has been hired by the insurance company to get your claim resolved as quickly and as CHEAPLY as possible.  They are not on your side.  You are not in good hands.  They are not a good neighbor.  They can be rude, dismissive, unreasonable, unresponsive and distrustful of everything you say.  Now, I know there are nice adjusters out there.  My law partner was an Allstate adjuster and she was extremely nice to deal with when she was on the opposite side.  But she will tell you as well, the insurance adjuser is NOT looking out for your best interest.  They are looking out for their employer's best interest.

So these are the main reasons we see people calling us for help, not to mention it is time consuming and stressful to have to deal with all of it.  Now for the real dirt... when don't you need an attorney?  You probably do not need an attorney if you are in a very clear liability accident, the insurance company is not disputing that liability, and you are not injured.  Typically, that may look like a rear end collision and you choose to go to the emergency room to get checked out.  You may be sore and stiff for a few days, but by the 3rd or 4th day you are 100% fine with no residual pain.  In that scenario, you probably can handle your claim with the insurance company on your own with little to no effort on your part.

However, let me offer just a few "bewares":
1.  Make sure you are 100% injury free.  Once you settle your claim, you are forever barred from coming back and making additional claims. As such, we do recommend people wait at least 30-60 days before they attempt to settle their claim to ensure hidden injuries do not surface.
2.  If you are in any way hurting or in pain, even if it is nominal, you should get medical treatment.  The longer you wait, the more reason the insurance company has to deny your claim.
3.  Make sure you claim to the insurance company 100% of your medical bills, even if paid already by medpay or health insurance.  You are entitled to be reimbursed the full amount of the itemized charges, not the balance due after other insurance payments.
4.  Make sure you claim a reasonable amount for your pain and suffering.
5.  Never hesitate to contact an attorney and ask if the final offer by the adjuster is a reasonable one.  We get calls all the time from people just wanting to know if they should take an offer and we are always glad to evaluate your case for you.

Bottom line.. we do not take every case that comes in our door.  We would rather tell people how to handle it on their own if they can and save them the attorney fee.  By the same token, we will always be up front with those folks that we believe need an attorney's help and protection.