Finding yourself the victim of a personal injury can be a terrifying and frustrating experience.
Medical bills, insurance company phone calls, and legal proceedings can leave you feeling lost and overwhelmed. But here’s the reality:
The legal system is not meant to be easy.
That’s why you have personal injury lawyers to help. They take on the legal challenges so that you can focus on getting better and moving forward with your life.
In this post, you’ll learn:
Table of Contents
Why Personal Injury Cases Are So Complex
Personal injury law is not a simple, clear-cut system.
Cases have numerous intricacies and interrelated factors that all must work in conjunction for a case to progress. Gathering evidence, negotiating with insurance adjusters, and following complicated procedures is a process that requires expertise beyond the scope of the typical injured party.
The biggest issue:
Insurance companies have entire legal teams working to ensure that they pay out as little money as possible.
Facing such powerful entities alone is a fight that you can’t hope to win. Personal injury lawyers level the playing field and help to ensure that injured people get the compensation they deserve.
Law firms such as Andrew Pickett Law work with the complexity of the law. They also have the resources and expertise to fight for your best interests.
The more complicated the type of injury, the more challenging the case can become.
Motor vehicle accidents, medical malpractice, dog bites, premises liability… There are plenty of specific categories within personal injury law. And each comes with their own processes and nuances.
For example:
Medical malpractice cases are some of the most difficult to win. They require testimony from other medical experts and a demonstration of the causation of harm to the victim. Product liability cases are complex because they need to prove specific manufacturing defects, failures to warn, and causation.
Each situation is unique, and a “one-size-fits-all” approach just doesn’t work in personal injury cases.
How Lawyers Overcome Complexities and Build Strong Cases
Building a strong personal injury case isn’t a straightforward process. It involves a clear strategy.
The first step is a thorough investigation of the accident. Lawyers need to work quickly to obtain and collect evidence like police reports, medical records, witness statements, and video footage if it is available. Every detail can be important to proving the case.
Some of the main elements include:
But this is only the beginning of the process.
Personal injury lawyers also work with a team of expert witnesses to give their clients the best chance in court.
These experts provide testimony regarding the nature of injuries, the cause of an accident, and the long-term financial and emotional impact on the victim.
Expert witnesses can be other medical professionals, accident reconstruction specialists, and even economists to determine lost wages and earning capacity.
Why This Is Important:
Insurance companies are looking for any holes in a case. Experienced lawyers will know the weak points that need to be addressed before an insurance company.
Settlement vs Trial Decision
The majority of personal injury cases settle.
According to The Law Dictionary, about 95% of all personal injury lawsuits never make it to trial. Both sides know that trials are costly, time-consuming, and incredibly unpredictable. So they settle the case before reaching the courtroom if possible.
However… Keep in mind that the small percentage of cases that do go to trial often have higher value or involve complex legal issues. These cases help to set the bar for future industry settlements.
How do lawyers determine if a case should settle or go to trial?
They consider several key factors:
Knowledgeable lawyers know when to push an insurance company for a better offer. At the same time, they also know when going to trial is in the best interest of their clients.
The key is having an attorney who will not hesitate to take a case to court if that is what is needed. Insurance companies can smell fear and weakness from a mile away. They know when a lawyer is bluffing and when they are serious.
What Makes Legal Representation Critical
Can you manage a personal injury claim on your own?
You can. But the statistics don’t lie:
Research by Nolo shows that people who hire a lawyer for a personal injury claim receive settlements that are nearly three times higher than those who don’t. Even more astounding, about 91% of those who hire an experienced attorney receive compensation compared to only 51% who try to manage a claim by themselves.
Let that sink in for a second:
You are almost twice as likely to receive compensation when you have legal representation. And when you do, you are going to receive a far larger amount.
But why does legal representation make such a huge difference?
Personal injury lawyers know how to accurately value a claim. They take into consideration the future medical treatment, loss of earning potential, and damages related to pain and suffering.
Insurance adjusters count on injured people not having a lawyer. These professionals know that unrepresented claimants will accept whatever initial offer is given to them.
Lawyers level the playing field by negating this information imbalance.
They also do all of the speaking on their client’s behalf. There is no worry about accidentally saying the wrong thing during a recorded phone call to an insurance company.
Timeline Reality
Personal injury cases take time.
On average, motor vehicle accident cases take 20 months to settle. For medical malpractice lawsuits, that number is higher at 31 months or more.
Insurance companies hope that victims will simply give up and accept the first offer that is made.
Good personal injury lawyers know how to balance patience and the need to move cases forward. They keep their clients in the loop with the process while setting reasonable expectations.
Wrapping It Up
Personal injury law is not designed to be easy or straightforward.
Insurance companies, corporations, and negligent individuals all have legal teams working hard to protect their interests and avoid paying out. Trying to take on these entities without any assistance is a fool’s errand.
A good personal injury lawyer will:
The data is undeniable. Hiring a lawyer to handle a personal injury case increases the chances of receiving compensation and also increases the total amount paid out.
If you are the victim of a negligent act, don’t take on the complexity of the legal system alone. The challenges are real but so are the solutions when you have a skilled advocate in your corner.
