Do I Need a Personal Injury Lawyer If I’m Submitting a Claim to Insurance?

Car accidents, medical malpractice, falls, and other personal injuries can turn your life upside down. You might be out of work for several weeks or months. In some cases, you could sustain permanent disabilities that affect the rest of your life.

It can be difficult to know whether you need a personal injury lawyer to submit a claim to insurance. Hiring a seasoned lawyer might seem unnecessary if the insurance adjuster is willing to settle the claim. How do you know when you need to hire an injury lawyer when submitting a claim to the insurance company?

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Is It Ever Okay to Deal Directly With an Insurance Company After an Accident or Injury?

The best way to know whether you need a personal injury attorney is to ask a personal injury attorney. Some cases might not require the help of an attorney. However, a simple personal injury case could turn into a complicated, disputed personal injury lawsuit.

If you did not sustain serious injuries, understand how to file a claim, and know the value of your damages, you may not need a lawyer to handle your case. However, it does not hurt to talk with a lawyer before you accept a settlement offer.

Once you sign a settlement agreement, you cannot demand more money. The settlement agreement is a binding contract that releases all parties from all claims and damages. In other words, you give up your right to pursue any other claim regarding the accident or injury, even if you discover additional damages.

Keep this in mind when dealing with the insurance company. Insurance adjusters, insurance investigators, and claims representatives protect the insurance company’s best interest. Whether you are dealing with your insurance provider or another insurance company does not matter.

The insurance company’s goal is to pay as little money as possible for your damages. Therefore, people working for the company are not reliable sources of legal advice. Generally, it is wise to talk with an accident attorney to ensure you make decisions based on your best interest and not the insurance company’s best interest.

Examples of When You Need to Hire a Personal Injury Lawyer

Each case is unique. You might need to file a lawsuit to hold the party who caused your injury liable for damages. On the other hand, the insurance company might accept liability, and you can avoid filing a personal injury lawsuit.

Some situations are strong indicators that you need a personal injury lawyer. If any of the following apply in your situation, you need to speak with an attorney as soon as you can:

Accidents and injuries that involve government employees or government entities
Catastrophic injuries, including traumatic brain injury, spinal cord injury, amputations, paralysis, or other permanent impairments
The insurance company denied your claim
Your case involves multiple parties or complex areas of law, such as medical malpractice, product liability, commercial truck accidents, aviation accidents, birth injuries, nursing home abuse, or wrongful death
The insurance company is delaying the claim
You are not sure about the statute of limitations for filing a lawsuit or claim
Your child was injured
The other party is blaming you for causing the accident or contributing to the cause of the accident (contributory fault)
You do not know what damages you are entitled to receive or the value of those damages

Dealing directly with an insurance company can be risky. The insurance company has unlimited resources to fight your claim. Without a personal injury lawyer, you are on your own.

Hiring an injury lawyer gives you the resources to fight for the money you deserve. That can increase your chance of receiving a fair settlement for your case.

How Can a Personal Injury Lawyer Help Me With an Insurance Claim?

Hiring a personal injury lawyer evens the playing field. You now have someone who is fighting for your best interests. Examples of what you can expect when you hire a personal injury attorney include:

The attorney performs an independent investigation of the accident or situation that caused your injury
Your lawyer gathers evidence to provide the elements of liability, including causation, fault, and damages
You have someone on your side who understands damages and how to calculate an accurate value for damages
The lawyer identifies all liable parties, confirms insurance coverage, and files insurance claims
Your attorney monitors the insurance claims, handles all communications with the insurance company, and negotiates a settlement
If necessary, your injury lawyer can retain financial professionals, medical experts, accident reconstructionists, and other experts to assist with your case
Your lawyer is prepared to file a lawsuit against the parties who caused your injury if the insurance company refuses to negotiate in good faith

In addition to the above, your lawyer provides guidance and support throughout your case. When you receive a settlement or jury verdict, your attorney negotiates payoffs of medical liens and subrogation claims to put as much money as possible in your pocket.

An Attorney Helps You Fight for Compensation of All Damages

Many people are familiar with the reimbursement of expenses and costs related to the accident and your injury. These costs are economic damages.

They represent the actual dollar amounts for medical care, loss of income, and out-of-pocket expenses. Economic damages include diminished earning potential, nursing care, household services, and personal care.

You may also be entitled to compensation for non-economic damages. These damages represent the mental, physical, and emotional pain and suffering you experienced. They also include permanent impairments, disfigurement, and diminished quality of life.

In a few cases, the jury might award punitive damages. This type of damage is only available in specific cases. It is intended to punish defendants for their conduct.

Knowing what damages you can receive and placing a value on those damages is crucial. The insurance company does not tell you if you do not demand compensation for all damages. A personal injury lawyer knows what damages are worth and how to fight for maximum compensation.

Schedule a Free Consultation With Our New York Personal Injury Lawyers

Your initial consultation is free. It does not cost you anything to talk with a lawyer, get answers to your questions about personal injury claims, and receive an honest assessment of your personal injury case. Call our law firm at (212) 564-2800 or contact us online today to schedule your free consultation with one of our experienced New York personal injury attorneys.