If you or a loved one has been in an injury-causing accident, know that a personal injury lawyer can help level the legal playing field by serving as your liaison and buffer against aggressive insurance companies. Your accident attorney will also assess and aim to recover the true value of your claim.
Having a level playing field is particularly crucial in accident cases, considering their massive financial toll. The National Safety Council says that in 2024, the average comprehensive cost of a possible injury alone was $138,000. The average cost of a disabling injury was over eight times that: $1.167 million.
Is It Worth Suing for Personal Injury?
There are many situations in which filing a personal injury lawsuit is a good idea, such as if settlement negotiations with an insurer don't work or fall through completely. The insurance company, for instance, may:
- Stall the entire process
- Make a low-ball offer
- Dispute liability
Having severe injuries is another reason to consider suing for personal injury. In many cases, the more severe the injuries are, the more likely they are to incur future medical expenses and lost wages, resulting in their total, even ongoing costs, to exceed policy limits.
What Accidents Make for Valid Personal Injury Claims or Lawsuits?
In most cases, any incident caused by the intentional act or negligence of another individual or entity makes for a valid personal injury claim or lawsuit. If you can prove the other party committed the following, you likely have a personal injury case:
- Owed you a duty of care
- Breached their duty of care
- Directly caused your injuries
- Resulted in you experiencing financial damages
A specific example of a personal injury accident is a motor vehicle collision (MVC). MVCs are the most common type of personal injury claims, considering that in the U.S. alone, six to seven million of them happen every year, per the National Highway Traffic Safety Administration (NHTSA).
Property accidents that result in injuries can constitute personal injury cases, too. Specific examples are wet floors and uneven sidewalks that trigger slip-trip-and-fall incidents and inadequate maintenance that leads to injuries caused by dangerous structural issues.
Personal injury cases can also take the form of workplace accidents that result in slip-trip-and-fall, traumatic brain, or burn injury victims. Likewise, animal-related incidents, such as dog bites, can be grounds for personal injury claims or lawsuits.
How Can a Personal Injury Lawyer Help Level the Legal Playing Field for Accident Victims?
Whether they're lawyers for auto accidents, premises liability incidents, or workplace injuries, personal injury attorneys take on the legal burdens of their clients. From filing claims to negotiating settlements, they do all these and more, making cases more straightforward and less stressful for plaintiffs.
With fewer legal burdens and complexities to worry about, victims (also known as "plaintiffs") can then focus on their healing and recovery journey.
Serving as a Liaison and Buffer Against Aggressive Insurers
One of the primary reasons to consider hiring a personal injury lawyer from the get-go is that once you have one on your team, they'll take over all correspondence with involved parties, including insurance companies. They'll be your liaison and protective buffer against insurers.
You, as the plaintiff, would want to limit your exposure to insurance adjusters, as they're experts in minimizing payouts. They go through recorded statements, including those you make, and find any they can use against you.
If you don't have a lawyer and don't work well under pressure, you may find yourself feeling pressured to agree to a low-ball settlement offer as soon as possible. If you make the mistake of agreeing, know that you'll no longer be able to pursue the defendant or their insurers for future expenses.
Assessing a Claim's True Value
Another way a personal injury lawyer levels the legal playing field for victims is by assessing the case's actual worth. They calculate all existing and potential damages, including tangible economic losses and intangible non-economic losses.
Your lawyer will work with other experts to gain a more accurate assessment of your claim's value. Examples include:
- Medical doctors
- Rehabilitation experts, such as occupational and physical therapists
- Vocational rehabilitation experts
- Life care planners
- Forensic economists
- Accident reconstructionists
With the help of these other experts, your personal injury attorney will aim and push for the highest possible compensation amount you deserve for all your pain and suffering.
Frequently Asked Questions
When Does a Personal Injury Lawyer Take Cases to Court?
Most personal injury cases settle out of court because trials can be expensive and unpredictable. Still, this doesn't mean your personal injury attorney will force you to agree to a settlement to avoid the complications of litigation.
Instead, your attorney will carefully review your case and the strength of the evidence available. They'll assess all potential damages and penalties and weigh these against the costs of litigation and the ability of the defendant to pay against the likelihood of a more favorable settlement.
If all or most factors are "on your side," your personal injury lawyer will likely take the case to court. They'll represent you and be your advocate in showing your compelling case to the judge and jury.
What Should You Know Before Hiring a Personal Injury Lawyer?
One of the first things you should know before hiring a personal injury attorney is that reliable, reputable lawyers often offer free initial consultations.
Use these no-cost consults to your advantage. They can give you the chance to evaluate each of your prospective lawyers' case strategies, experience, and personality.
You should also understand your potential attorney's fees.
Most personal injury lawyers operate on a contingency fee basis, charging a percentage only if and when they win your case. The actual rates vary, however, so be sure to ask about this during the initial consultation.
Let a Personal Injury Lawyer Be Your Legal Advocate
A personal injury lawyer can level the legal playing field for you or a loved one who's been in an injury-causing accident. With their specialized expertise, wealth of knowledge, and powerful negotiation skills, they'll aim and fight to maximize the compensation you receive.
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