Why You Need A Personal Injury Lawyer For Your Case
January 17, 2019 | Personal Injury
If you’ve ever been faced with a personal injury due to the negligence of another, you know how frustrating it can be to get the compensation you deserve. And if you’ve tried settling this case yourself, you know that it’s almost never worth the effort or nearly impossible to work through the case alone, without the help of a personal injury attorney. Here at Napoli Shkolnik PLLC, our personal injury attorneys are here for you 24/7, whenever you need us.
Whether the harm done to you was intended or not, we believe that everyone is entitled to compensation in personal injury cases. Through the whole process, we will fight by your side to ensure that nothing is left unaccounted for and that you have the financial stability to deal with medical bills, both economic and non-economic damages, and emotional distress. In this blog, we’re going to take a look at the top reasons to work with an experienced and honest personal injury firm like Napoli Shkolnik PLLC.
Personal Injury Lawsuit Defined
Before hiring an attorney, it’s important to understand what constitutes a personal injury case. Simply put, a personal injury lawsuit is a dispute that arises when someone suffers from an injury that another individual or organization may be legally responsible for. These cases can either be settled through informal settlements before lawsuits are filed or through formal civil court proceedings that aim to prosecute someone through a court judgment. Let’s take a look at each of these.
Informal Settlements – An informal settlement is one that is resolved without formal court proceedings. In an early settlement case, there is usually a negotiation, followed by a written agreement by both sides. Attorneys representing both sides, insurers, and those personally involved in the incident will work together to forgo a lawsuit, and instead, resolve the case through an agreed upon sum of money, paid to the person affected. Fortunately, most personal injury cases are resolved through informal settlements.
Formal Lawsuits – A formal personal injury case is unlike a criminal case in that it’s not initiated by the government. In these cases, the plaintiff files a civil complaint against a government agency, corporation, business, or individual who they believe has acted carelessly and resulted in a personal injury.
Why You Need An Attorney
Your Claim Is Too Complicated
Whether you’ve already started working on your claim or you’re contemplating filing it, you may find that the accident or injury claim is too complicated, convoluted, or important to handle on your own. In some cases, you may find that there are legal complexities that need to be worked out in order to prove negligence or that a deeper understanding of the legal side would provide you with more compensation for your case.
Another reason you may find a claim too difficult to handle alone is that the injuries you sustained prevent you from working or that with medical appointments, you can’t find the time to work through the case. Not only will an attorney provide expert knowledge of your legal rights and responsibilities, but they will take the majority of the workload off your shoulders and pursue your best interest throughout the whole proceeding.
It’s important to note that even if you’ve started filing a personal injury claim, it’s never too soon or too late to speak with an attorney. Even if you don’t want to hire an attorney to work with you through the whole process, many personal injury attorneys offer consultation services to answer any questions you may have about the process.
You’ve Reached An Impasse
It’s not unusual for informal settlements to reach an impasse, especially when a third party like an insurance company is involved. Attorneys are used to playing legal tug-of-war with multiple parties and interests like insurance companies and other lawyers. If you’ve attempted settling a case on your own but always end up in a deadlock with an insurance company that refuses to compensate you and make a reasonable offer, your best way forward is to hire a personal injury attorney.
Another reason you may find yourself in a legal stalemate is if an insurance company outright denies that anyone was responsible for the accident. Remember, insurance companies are experienced in legal cases and will do anything they can to avoid financial responsibility in personal injury cases. Working with a personal injury attorney will help you ensure that no stone is left unturned and that insurance companies aren’t using legal tactics to get out of paying the compensation you deserve.
Facing Government Immunity
When suing a government entity like a school, county, town, city, or state, each state has its own laws known as “sovereign immunity,” which typically applies to the federal and state government and the “tort claims act” which establishes how and when you are able to sue the government due to an accident their employees caused. And there are special procedures you have to go through in order to file a claim against the government.
Unfortunately, even after all of this, the government may turn down your request for compensation arguing that it’s immune to claims regarding your type of accident. Many people think, at this point, that all hope is lost. However, similar to an insurance company’s denial of liability, many government entities are unwilling to give up public funds. If you still believe you’re entitled to compensation, you should consult with a personal injury lawyer immediately.
You Need Advice
Oftentimes, your success or failure in gaining compensation rests on your ability to work through a specific legal rule. One example is if an employee you’re filing a claim against was acting in the course of employment when the accident occurred. This can be somewhat of a gray area and make the case a lot more complicated than it would’ve been otherwise. Uncertainty can arise like this in many areas of a personal injury proceeding, so it’s important that you’re prepared to deal with them. If simply consulting with a lawyer isn’t enough, you may need to hire them to run the case.
Statute of Limitations
One important thing to keep in mind when deciding whether you need a lawyer throughout this process is the Statute of Limitations. Essentially, what this means is that plaintiffs have a limited amount of time to file a lawsuit. This period usually begins when the plaintiff is injured or they’re made aware of the injury. Since a Statute of Limitations is established by the state, you need to know your state’s laws and regulations regarding this. As a result, you should avoid waiting or putting off your claim, because it will only get more difficult as time goes on. Hiring a personal injury lawyer will help you file the claim as quickly as possible.
Speak With Our Personal Injury Attorneys
If you’re dealing with an injury due to the negligence of an individual, business, or government entity, you need the representation you deserve to file a claim quickly and receive just compensation. Our attorneys understand not only the legal process but the tactics that defendants — especially insurance companies — use in order to deny liability for the incidence. Speak with our personal injury lawyers today to learn more.
Nothing can reverse the injuries you’ve sustained or even the emotional impact it has had on you and your family. However, there is rarely a situation where plaintiffs are unable to get any compensation from individuals or employers. Here at Napoli Shkolnik PLLC, we have dealt with hundreds of personal injury cases covering everything from construction accidents to auto accidents and wrongful death cases.
How Can We Help?
Do you need assistance with a legal matter? Our attorneys have the experience needed to guide you in the right direction.