Injury cases at first might seem deceivingly simple and straightforward. But once you run into unknown legal hurdles and insurance tricks you realize it’s not so simple.
Here are 10 reasons not to try the do-it-yourself approach on your injury case:
10. Notice Provisions
Many people understand statutes of limitation. These laws prohibit bringing a case after a certain period of time expires. But, notice provisions in some types of cases require proper legal notice soon after an injury takes place, sometimes 30 to 60 days. If proper notice is not given the case dies. Saying “they knew” fails as correct legal notice. In rare circumstances, the case might go forward if there’s a good faith reason, but don’t count on it.
9. Required Documentation
Medical providers are busy. Physician scribbles and cryptic notes often fail to fully document all of the effects of an injury and will not support a full recovery. An experienced personal injury knows how to fill this case-killing gap.
8. Still Practicing After All These Years
Football players practice before the Super Bowl. Professional baseball players practice in the pre-season. The best musicians constantly ‘hone their chops’ in practice. Active attorneys read new legal cases as they are issued and participate in continuing legal education seminars where attorneys and judges discuss evolving issues. Do-it-yourself, and you miss factors like what a claims adjuster or judge may have disclosed about what they look for in a solid case.
7. Free Consultation in Injury Cases
Personal injury attorneys nearly always give a free initial consultation. It costs you nothing to go meet with the attorney, get a professional opinion and ask questions.
6. Value
The insurance industry’s own statistics confirm that once an attorney becomes involved in an injury case, the value of any claim at least doubles. Even insurance industry insiders admit that their tactics have changed from the old you’re in “good hands” idea to confronting you with boxing gloves.
5. Experience
Active personal injury attorneys develop a reputation in the insurance industry. Why minimize your case by not having experienced counsel who understands the claims process?
4. Inside Insurance Industry Policy & Procedures
What is a reserve? How does it damage a case permanently based on misstatements early in the case. What is the CIB? What does the insurance company already know about you before your first notice of claim?
Most insurance companies now evaluate personal injury claims with computer software. What are the data points increasing case value? What data decreases the offer the insurance adjusters will give you?
3. Rules of Evidence
Medical records and lost wage documents are pure hearsay, inadmissible in court. Trial attorneys apply the Rules of Evidence to overcome such challenges.
“But I don’t want to go to court – I want to settle my case.” No insurance company settles a case, at least not for full fair value, where they know the case is not ready for prime time in a court of law.
2. Statements
Giving statements to insurance companies presents a mine field. Insurance adjusters have formbooks of hundreds and thousands of questions and will not stop until they break you down and obtain information harmful to the case. Insurance attorneys wrote those form books. You should give no statements without retaining an attorney to help.
And, the number one reason you should always hire an attorney for any personal injury claim:
1. Finality
When you sign an insurance release, it is truly a full and final end to your case. Standard insurance company releases include language prohibiting any future recovery even for future effects of the injury unknown and unforeseen on the date of the release. An attorney’s job is to foresee the unforeseeable and to include potential future effects in the settlement. Settling short and settling quickly means you’ve cheated yourself out of full fair claim value.
The Law Offices of Andrew D. Myers have posted over 300 blog articles on personal injury and other subjects. Here’s a list of our top personal injury cases and other articles.
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