It is not always necessary to hire a lawyer. If you have a minor injury and make a quick recovery, you probably can resolve your claim on your own. However, if you have a more significant injury or you face a longer recovery, you need to give serious consideration to hiring a lawyer. Without an experienced attorney on your side, you’ll be at a substantial disadvantage dealing with the insurance company that represents the at-fault party.
Adjuster’s Career Depends on Settling Cases for Cheap
Insurance companies are in the business of earning a profit. There is nothing wrong with that in a general sense. But remember that when it comes to your case, the insurance company’s objective is to pay you the least amount of money possible. In fact, adjusters are graded on how good a job they do settling cases BELOW reasonable value. Adjusters constantly have people looking over their shoulder and reviewing their performance. If they are not consistently settling cases below reasonable value, they will have a very short career.
Insurers Use Every Possible Tactic to Beat You Down
On top of the adjuster’s own personal interest in paying you as little as possible, insurance companies have developed very sophisticated procedures designed to bully, intimidate and psychologically break down claimants so that you’ll finally give in and settle your case for less than it is worth. This practice is called the three Ds: deny, delay and defend.
When faced with a new claim, the insurance company will do deny that you’ve been injured, delay resolving your claim, and, if those tactics don’t result in getting you to settle for cheap, defend vigorously every aspect of your case.
One almost universal defense technique is to force you to attend an “independent” medical exam. These examinations are rarely independent. Instead, the insurer selects a doctor that is known to consistently render opinions that favor the insurer and minimize the claimant’s injuries. Both the insurance company and the doctor benefit in this mutually advantageous relationship.
Another time-honored defense technique is to attack your personal character and accuse you of being a liar and a faker. The insurance company may conduct surveillance on you, investigate your personal life, interview friends and co-workers, and dig up embarrassing private medical records.
Most people do not have a lot of experience handling a personal injury claim. Chances are they have never negotiated an injury claim with an insurance company, do not know what their claim is worth, and are not accustomed to the scorched-earth tactics of the insurance industry. Injured people can be at a huge disadvantage if they are not represented by an experienced personal injury lawyer.
An Experienced Attorney Levels the Playing Field
An attorney will take control of your claim so that you are not engaged in a one-sided negotiation with the insurance company. A good, experienced attorney will engage in a host of activities designed to maximize the value of your case. This includes promptly investigating the accident or incident that lead to your injury to locate and preserve as much as evidence as possible to prove your case. Depending on the case, an attorney may retain other professionals to advance your case, including private investigators, consulting doctors, accident reconstruction experts, engineers, economists, life care planners and vocational rehabilitation specialists.
A good attorney also will monitor your medical care to help ensure that you get appropriate care that supports your legal case. An attorney will also perform a myriad of other tasks including: (1) locating and establishing sources of payment for your medical bills; (2) keeping track of all your bills and any outstanding balances; (3) ensuring that the correct source is paying the bills; and (4) negotiating reimbursement with your health insurer and any other entity that has provided medical benefits on your behalf.
Finally, if your case involves complicated legal or medical issues, a jury trial may be inevitable. If so, getting a skilled lawyer involved early in your case is essential for getting properly prepared for trial.
In essence, if you have a relatively minor injury and make a quick recovery, you may be able to handle your own case. But if you have a more serious injury that is permanent or are facing a long recovery, a good, experienced lawyer will help you level the playing field with the insurance company. Finally, if your case involves complicated legal or medical issues, you should seriously consider retaining a lawyer early in the process to maximize the chances of getting a favorable settlement or, if your case does not settle, to present your case to a jury.