Understanding an Injury Attorney's Role In Negligence Cases

Having a personal injury attorney represent you can be very helpful in negotiating accident settlements, but it's not always required. You can settle your own case without legal representation, possibly for as much as an attorney can. That's not true of every case of course, but often it is. Therefore it's helpful to understand an injury attorney's expertise in relation to your claim.

Many people wrongly assume hiring an attorney will guarantee them a higher settlement. That's not necessarily true. Personal injury attorneys are often able to negotiate higher settlements, but the amounts they ultimately settle for may leave the client with less money than if he handled the case himself.

Most personal injury attorneys' fees are set between 33.3% and 40% of the final settlement or court award. After the attorney's fee and costs are deducted, the client may receive only half (or less) of the total amount of the settlement.

Things to Consider Before Hiring an Attorney

Attorneys have experience.
Most personal injury attorneys are experienced in dealing with insurance company claims adjusters. They won't be fooled or coerced into unfair settlement amounts. Attorneys also know how to properly evaluate your injuries. Knowing what a case is worth makes it easier to focus on realistic settlements, and to do so at a much quicker pace.

If you aren't sure whether to hire a personal injury attorney or handle the case yourself, seek an attorney's advice before deciding. Most won't charge any fee for an initial office consultation. Just be honest and tell the attorney you're not sure whether to handle the case yourself or hire him to represent you.

If an attorney accepts your case, it's probably a good case.
You can be confident if an attorney reviews the facts and decides to accept, you probably have a good case. Attorneys are experienced enough to know which cases are winnable and which aren't.

The attorney may point out some information about your case you hadn't considered. If so, retaining him might result in a much higher net settlement. If not, at least you had an independent and highly trained professional review your case for free.

Attorneys use a contingency fee structure.
When hiring an attorney, you are required to sign a contingency fee retainer agreement. The agreement basically says the attorney will put up all of the costs of preparing your case. If he's successful, he subtracts the costs and his contingency fee (usually 33.3% to 40%) from the gross amount of your settlement or court award. Costs can include document copying and reproduction, court filing fees, deposition and court reporter costs, expert testimony fees, and more.

If the attorney is unsuccessful and can't settle your case or loses at trial, he doesn't get paid and you owe him nothing. You don't pay him any fees or any of the money he spent to prepare your case. Of course, you don't get any money as compensation for your damages either.

When to Hire an Attorney

Some case types require an attorney. Complex cases like class actions, medical malpractice and toxic exposure cases can be protracted and very expensive to prepare. Medical malpractice cases are almost never settled. Doctors and hospitals are represented by high-powered attorneys skilled in complex and prolonged litigation.

If you've been formally sued by an attorney, you need your own legal representation. Lawsuits involve depositions, interrogatories, discovery and possibly even a court trial. These processes require expert legal training.

You definitely need an attorney in the following scenarios:

• When you are sued or the case involves multiple parties with complex injuries.
• In medical malpractice and toxic exposure cases.
• In defective product class action cases.
• In wrongful death, permanent disability or permanent scarrring cases.
• If you have pre-existing injuries affected by your current injuries.

Handling Your Own Case

Most minor personal injury cases are straightforward. Settling your case with the insurance company is a relatively simple process. Most of the time, your case can be settled with a few telephone calls and three or four letters. Claims adjusters aren't lawyers, so your discussions won't include complex legal terminology. By using your own gifts of persuasion and a little common sense, you should be able to negotiate a substantial settlement.

Claims adjusters follow a structured process set out by the insurance company. If you're prepared and know what your injuries are worth, you may be able to settle for as much as an attorney could get - without having to pay his fees.

Preparing a case is work. When representing yourself, you are responsible for gathering evidence such as police reports, witness statements, medical records, photographs, repair estimates and more. You have to set aside blocks of time to prepare your case. If you're not willing or able to put time and work into your case, then you shouldn't be handling it yourself.

Also, negotiating is a skill. You may have several back-and-forth exchanges with the insurance adjuster throughout the settlement process. In daily life, most people regularly make deals and agreements with others. Use those everyday negotiating skills and apply them to your case. Remember, no one knows your case better than you do.

When to Handle Your Own Case

You can successfully represent yourself if:

• Your injuries are clear and straightforward, such as whiplash, strained or torn muscles and knee cartilage, simple fractures, minor burns without scarring, etc.


• The at-fault driver's (or property owner's) negligence is clear and uncontested.


• Your medical bills, prescriptions and over-the-counter medication costs, and lost wages are easily quantifiable.


• Your injuries are not related to a previous injury, but instead are new and clearly defined.

Types of Cases You Can Handle on Your Own:

• Car, motorcycle, or bicycle accidents


• Slip and fall accidents


• Minor injuries that occur on private, public or commercially-owned property


• Some defective product accidents, such as restaurant food poisoning

If you are thinking about handling your own case, this site will give you an in-depth understanding of the entire personal injury claims process. This is serious business, so read, think, and be ready to put in some time to prepare. You'll be glad you did.