Pros and Cons of Hiring a Personal Injury Lawyer
Recovering from a serious injury is distressing enough without the hassles of a complex legal case seeking compensation for damages like medical expenses, lost wages, and pain and suffering. Thankfully, most people aren’t injured regularly, so navigating the legal system for a personal injury claim is a rare occurrence and an unfamiliar process. Many injury victims consider hiring legal representation, but wonder, “What are the pros and cons of hiring a personal injury attorney?”
The Pros of Hiring a Personal Injury Lawyer
A personal injury lawyer is an attorney dedicated to recovering financial compensation for those injured through someone else’s carelessness, reckless actions, or intentional wrongdoing. The attorney pursues compensation from the at-fault party’s insurance; for instance, car insurance after a car accident, property liability insurance after a slip-and-fall accident, or malpractice insurance after a medical malpractice injury. If the insurance company fails to offer an acceptable settlement for the victim’s damages, the attorney takes the case to court to litigate in front of a judge and jury. There are many advantages to hiring a personal injury lawyer, including the following:
- An attorney investigates the accident or incident and documents evidence of the at-fault party’s liability to make a compelling case for compensation
- Personal injury lawyers carefully calculate economic and non-economic damages to ensure that the injury victim misses no avenue for compensation
- The attorney sends a well-executed demand letter to the insurance company along with evidence of liability
- An attorney sets up meetings and/or mediation sessions for negotiating with the insurance adjuster assigned to the case and argues aggressively for the maximum compensation for their client
- A personal injury attorney protects their client’s rights and best interests throughout negotiations, particularly when insurers attempt to assign an injury victim a portion of fault to lower the amount of the payout under the state’s comparison negligence insurance law
- The attorney confers with the client to determine if they should take the matter to court with a lawsuit if the insurance company denies the claim or fails to offer an acceptable settlement
- An attorney ensures that all court filings meet deadlines, pays careful attention to paperwork and court filings, and represents the client’s best interests in court should a lawsuit become necessary
About 95% of claims are resolved with a settlement and don’t require courtroom litigation when an experienced attorney handles the case.
Are There Cons to Hiring a Personal Injury Lawyer?
The obvious con to hiring a personal injury lawyer is their fee. By navigating the claim process on your own without an attorney, an injury victim doesn’t have to pay the cost of hiring a personal injury lawyer; however, reputable personal injury attorneys typically offer free initial consultations and charge no fees until they secure compensation for their client either through a settlement or a win in court. At that point, a personal injury lawyer may charge as much as 30% of the client’s compensation.
It’s important to note that attorneys consider their fees when negotiating a settlement. They hold out for the largest possible settlement not only for their client’s best interests but also so they receive adequate payment for their time and effort. In many cases, the injury victim profits from the attorney’s incentive and recovers far more than they would otherwise.
Cons for hiring a personal injury lawyer include:
- They take up to 30% of the client’s compensation for their fee
- Some injury victims complain of a lack of communication and availability from their attorney, leaving them feeling they don’t have control over their case
- Hiring an attorney may result in delays in securing compensation because an attorney doesn’t typically accept an early settlement offer since these tend to undervalue the claim
The best option is to discuss the above cons with a potential Oklahoma City personal injury attorney during the free consultation to ensure open communication, a complete understanding of fees, and an approximate timeline for your case. Contact Dan Davis Law today.