So – you’ve been injured, and you’re not sure whether you should hire a lawyer or handle things yourself? Well, in this article, we will help you make that decision.
Personal injury is a term used to describe an injury that someone sustains through no fault of their own.
Personal injuries can be caused by the negligence of others, such as in car accidents and slip-and-fall cases or from the use or misuse of products, including pharmaceuticals and medical devices.
Injuries can also occur during surgery or other medical procedures if doctors don’t follow proper safety protocol.
Understanding Personal Injury Law
Personal injury law refers to all aspects of personal injury law, including tort law (in which people are compensated for damages), contract law (in which people are compensated for breach of contract), property damage laws (in which private landowners may choose not to allow certain activities on their premises) and administrative regulations governing workplace safety.
There are a few things you need to know about tort law before you decide whether to file a claim or hire a lawyer. The first is that there are two types of tort claims: intentional and negligent.
Intentional torts are those in which the defendant deliberately inflicts harm on the plaintiff. On the other hand, negligent torts occur when the defendant fails to meet a standard of care that a reasonable person would have met in similar circumstances and, as a result, causes harm to the plaintiff.
In order to win a tort case, the plaintiff has to prove that the defendant was negligent and that their negligence actually led to the plaintiff’s injury.
The second thing to know is that there are three elements of negligence:
Breach of duty
The duty element requires the plaintiff to show that the defendant owed them a duty of care. This is usually easy to do, as most people owe others a duty of care not to intentionally harm them or to act negligently and cause them harm.
The breach of duty element requires the plaintiff to show that the defendant failed to meet the standard of care required by law. This can be more difficult to prove, as it often requires expert testimony.
The causation element requires the plaintiff to show that the defendant’s breach of duty caused their injury.
Hiring a Personal Injury Lawyer or Not – Things to Keep in Mind
We need to put a little disclaimer here – this entire article is only information and not legal advice. For complete legal counsel, you should always contact experienced attorneys, such as lawSB, and stay certain you will be well protected.
Your Time and Your Energy
The very first thing you need to do is: think about how much time and energy you have at your disposal. Any court procedure and case take up a lot of time and energy. There are many papers to find, forms to fill out, court appearances to make, etc.
In a way, this one-point colors the rest of the article. Are you willing to spend the time and energy needed to gather evidence by yourself? How about building a case?
Gathering Evidence and Leading the Case
If you decide to file a personal injury claim, you will need to gather evidence to support your case. This evidence can include medical records, bills, photos of the accident scene, witness statements, and expert testimony.
It’s important to remember that the defendant will also be gathering evidence to support their case, so it’s important to have a strong case if you want to win.
If you decide to hire a personal injury lawyer, they will take care of gathering the evidence and building your case for you. They will also negotiate with the defendant on your behalf and try to get you the best possible settlement.
However, keep in mind that not all lawyers are created equal and you may want to do some research before choosing one.
The Severity of Your Injury
If you’ve been seriously injured in an accident, the last thing you need is having to deal with paperwork.
There are a number of benefits to hiring a personal injury attorney if you have been injured in an accident. First and foremost, an attorney can help ensure that you receive the compensation you deserve for your injuries.
An attorney can also handle all of the paperwork and negotiations with the insurance company, which can be overwhelming if you are trying to recover from your injuries. In addition, the lawyer can help you understand your rights and ensure that you are treated fairly by the insurance company.
Of course, if you feel the injury wasn’t so severe as to make you incapable of building a case and gathering evidence, among other necessary injury claim activities, then you can consider handling everything yourself.
Fees, Costs, And Earnings
One of the benefits of hiring a personal injury lawyer is that most of them don’t charge you a fee unless you win your case. This means that you don’t have anything to lose by hiring an attorney.
You won’t have to use up your nest egg, nor will you have to spend your money on fees, documents, and other bureaucratic nonsense.
However, most of them do take a percentage from the money you get when winning (or settling) the court case. This percentage can be substantial, and you might prefer to handle things on your own and keep all the money for yourself.
Legal Knowledge and Case Complexity
Do you actually have any knowledge or experience in relation to the law? Perhaps you worked as a clerk, did a couple of years of law school, or took some courses? If you are confident that you have a solid grasp of the law, then you might just be able to handle the case on your own.
However, how complex is the case? If it’s a simple hit and run where you were an injured party, where things are cut and dry, and where you have direct video evidence, then you are in the clear.
However, is it something that requires expert testimony? Are you in a grey area? Is there even some evidence that might implicate you? Then getting an attorney is probably the better option.
There’s no easy answer when it comes to whether or not you should hire a personal injury lawyer.
On the one hand, they have the experience and knowledge to get you the best possible settlement. However, on the other hand, handling a claim on your own might be easier, more effective, and can net you more money.
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