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Personal Injury – When to Call a Lawyer
By: Rex Bush, Doctor Of Jurisprudence, Attorney At Law
Are insurance companies fair? They probably think they are. But each person’s idea of fairness is determined by his own self-interest. Insurance companies survive by taking in premiums and keeping claims as low as possible. Santa Claus–they are not.
You, on the other hand, if you are injured in an accident, have a duty to look out for your own self-interest and to get the best possible settlement for yourself.
Can you do this on your own? Yes…at times.
For example, if you have damage to your car and a trip to the emergency room but no more pain you might be able to settle the case yourself. Get your car fixed. Get your medical bills paid. Move on.
If you have serious injury, odds are you need a lawyer. In fact, the more serious the injuries, the greater the need for a lawyer.
The exception to that rule sometimes occurs where there is very little insurance available and the at-fault company offers their policy limits. In that case it would still be a good idea to consult a lawyer. You want to make sure you don’t step on a mine and blow up your chances of an under insured motorist claim, for example.
Let’s say you deal with the at-fault adjuster yourself. You’ve entered into that murky world with no clear answers called “negotiating.” The at-fault adjuster has already successfully negotiated many cases. So she has experience on her side. She knows the value of the case. What it could be worth. What you might take. Two very different possibilities.
At the very least a meeting with a lawyer would be called for. Personal injury lawyers typically offer what is known as a “free consultation.” It’s a free first meeting. You can take a look at him. He can take a look at your case. The two of you can decide if you want to work together.
Some questions to ask the lawyer are: How long have your been practicing injury law? How many cases have you handled? What is your personal philosophy about settling or going to court?
You can also research a lawyer on the internet to find out more about her. Nearly all successful injury lawyers have websites. You probably want an attorney you relate to. Perhaps you’d like someone close to your own age. Or someone with similar religion or political preferences. We like to work with people who are like us in some way and you can begin to discover that kind of info at the attorney’s website.
Plan on spending 25% or more of your settlement on attorney fees. One third is the usual. If it is necessary to file suit, arbitrate or mediate that figure can go up to 40% or more. Costs and expenses of the case are in addition to attorney fees. That can include court filing fees and the cost of paying for medical records or hiring a doctor to come to trial.
You may have heard a story about someone who got nothing after paying attorney fees and case expenses. In my twenty five years experience as an injury lawyer I’ve never seen it in person. I suppose it has probably happened somewhere at some time. Most of those stories are urban legends.
Disclaimer–This article is intended to provide information about the injury claims process. It is not intended as a substitute for legal advice.
With years of experience, Our Lawyer has been practicing in the area of personal injury and negligence law. The writer is licensed in the state and federal courts of Colorado in addition to being a licensed Utah attorney.For more information visit utah wrongful death lawyer.
About the author: Rex Bush is founder of Bush Law Firm near Salt Lake City, Utah where he handles personal injury cases in Utah and throughout the United States and Canada.
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