Should I Hire a Personal Injury Attorney?

Many kinds of incidents can lead to the pursuit of a personal injury claim in Virginia. Recent data from the Centers for Disease Control and Prevention shows that close to 40 million Americans visit the hospital each year due to suffering a personal injury. The Insurance Research Council reports that personal injury settlements were 40% higher when claimants were represented by an attorney. 

Situations where a personal injury can occur include the following: 

•   Car accidents;
•   Tractor Trailer Accidents;
•   Boating Accidents;
•   Slip and fall;
•   Dog Bites;
•   Household Products Causing Injury;
•   Commercial/Industrial Products Causing Injury;
•   Medical Malpractice Injury; and
•   Medical Drug and Device Injury.

Each of these types of cases is complex and presents specific and unique issues that must be addressed in pursuing a personal injury case. There are also certain requirements and deadlines which must be met. A personal injury attorney’s experience in handling these matters is invaluable. 

Case Evaluation

Whether it’s a relatively minor injury from a slip and fall, a significant injury caused by a product defect, or catastrophic injuries caused by a tractor-trailer accident, your personal injury attorney must evaluate your case to determine its value. 

An attorney is experienced in gathering all necessary evidence about your personal injury claim. Your attorney can also interview witnesses and hire experts to begin building your case. Your attorney will need to analyze and evaluate liability issues in order to determine who is at fault for causing your personal injury. 

Your attorney will also have to assess and determine the amount of your damages. In a personal injury case, your damages include: 

•     Past Medical Expenses;
•     Future Medical Expenses
•     Lost Wages;
•     Loss of Future Wager;
•     Loss of Earning Capacity;
•     Pain and Suffering; and
•     Emotional Distress.

Negotiations With Insurance Company

Insurance companies are known for being difficult to work with. On your own, an insurance company will have an advantage over you. The insurance company’s goal is to resolve your case for as little money as possible as they put financial interests above all else.  

Insurance companies know the law and have experience negotiating with unrepresented claimants. They will make a lowball offer and try to convince you that it is in your best interests to accept it quickly when it clearly is not. 

A personal injury attorney has extensive experience in negotiating with insurance companies. Being represented by a personal injury lawyer effectively levels the playing field in dealing with an insurance company. 

Once your attorney completes the evaluation of your case and determines its value, it will be time to begin settlement negotiations with the insurance company. 

Going to Trial

If the insurance company knows you have an experienced personal injury trial lawyer, they will usually make a fair settlement offer before the trial. If the settlement offer is too low, you should have an experienced lawyer on board to try the case.

The Rules of the Court and the Rules of Evidence are extremely complex when it comes to trying a case. The typical personal injury trial process consists of jury selection, opening statements, witness testimony, cross-examination, closing arguments, jury deliberation, and entering a verdict. 

Each of these phases of the trial is complicated and governed by very strict rules of procedure and evidence. Having a personal injury attorney by your side ensures that you will have skilled representation.

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