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Do You Need A Lawyer For Your Injury Case?
http://www.WomensJournals.com/articles/209/1/Do-You-Need-A-Lawyer-For-Your-Injury-Case/Page1.html
Carole DiMaggio and LLoyd Rosenberg, Esq.

 

 
By Carole DiMaggio and LLoyd Rosenberg, Esq.
Published on 02/26/2008
 

An injury can leave you unemployed and create personal & financial hardship for you and your family. 

How do you know if you need an attorney?  Here are answers to some common questions that will help you decide.


When Should I Call an Attorney?


The best time to call an attorney is as
soon as possible following the accident or event. An experienced attorney will inform
 you of your rights and provide advice for
your personal situation.  While you may not need to hire an attorney right away, it makes sense to talk to one.


Do You Need A Lawyer For Your Injury Case?

An injury can leave you unemployed and create personal & financial hardship for you and your family.  How do you know if you need an attorney?  Here are answers to some common questions that will help you decide.


When Should I Call an Attorney?


The best time to call an attorney is as soon as possible following the injury or event. An experienced attorney will inform you of your rights and provide advice for your personal situation.  While you may not need to hire an attorney right away, it makes sense to talk to one.


How Do I Choose the Right Lawyer?


When considering an attorney, you should ask questions about their personal injury experience.  You can ask for references, or get word-of-mouth referrals from people you know and trust.  An experienced attorney can help you get what you deserve!


Can I Afford a Lawyer?


Injury Claims are usually handled on a contingency fee basis.  The initial consultation is free, and the attorney is paid only if he/she is successful in recovering benefits on your behalf.  Most fees are based on a percentage of the recovery, while some are paid by insurance companies. While not every case requires a lawyer, it makes sense to have a free consultation to see whether an attorney should be retained in your case.


How Long Do I Have To File A Claim?


Claims for Auto Insurance, Workers Compensation, Medical Malpractice, Sexual Harassment, Employment Discrimination, Social Security Disability and insurance claims all have legal or contractual deadlines for filing claims and filing lawsuits.  Some notice of claim requirements can be as short as 30 days!  Failure to meet these deadlines can result in a loss of rights and the ability to be compensated.  Personal injury attorneys are aware of these deadlines, and can insure that your claim is properly filed as required by law.


How Do I File A Claim?


The mere completion of a claim or incident report form does not necessarily meet the filing requirements of a claim.  You will need to know which forms are required, when and where they must be filed, and how much information must be provided.  Misunderstanding a form can cause you to incorrectly report information, leading to difficulty in obtaining benefits. In some instances, it can result in an outright denial of benefits.  What you do say can hurt you and what you don’t say can hurt you.


What is My Claim Worth?


There are numerous factors that need to be considered in valuing a claim. Regardless of the seriousness of your injury or extent of expenses incurred, your entitlement may be limited to a specific amount due to the limits of an insurance policy.  In some cases benefits that may be due are payable by multiple parties.  In addition to dollar limits, your claim may also be limited to a percentage of your loss.  Knowing which benefits apply to your claim, who owes the benefits and the collectibility of your losses all affect what a claim is worth.


Why Was My Claim Denied?


Several factors determine if you are entitled to collect on a claim.  Are you a “covered person” under the policy?  Do you meet the eligibility requirements under the law or contract?  Was the evidence provided enough to prove your case?  An attorney can review the facts and determine if you were wrongfully denied benefits.


Do I Have To Accept What the Insurance Company Offers?


In many cases, insurers will offer settlements, but they frequently can be much less than you are legally entitled to receive.  Non-monetary damages, such as pain and suffering, scarring and disfigurement, future medical expenses, and other losses are assessed on a case-by-case basis.  Your personal injury attorney knows what reasonable values are assigned to these damages based on experience, trial reports, and other factors.  Before signing a release or accepting a settlement, an attorney can advise you if the offer is fair.