5 Situations When Calling a Personal Injury Lawyer is Important

According to the Centers for Disease Control and Prevention (CDC), around 31 million Americans receive medical care each year as a result of an accidental injury. The injuries range in severity from relatively minor cuts and bruises to significant trauma such as head injuries and fractured bones. Victims of accidental injuries work with personal injury lawyers to recover from the financial losses generated by medical bills.

Trying to recover from the financial losses generated by an accidental injury or injuries reason is the most common reason why victims seek the legal support of a state-licensed personal injury lawyer. What are the five other situations when calling a personal injury lawyer is important?

Filing an Insurance Claim

In the days following a personal injury incident, you can expect the adjuster processing your insurance claim to try settling the claim as quickly as possible. Insurance adjusters follow the motto of “pay as little as possible” when dealing with accident claims. If you do not receive the legal support of an experienced personal injury lawyer, the insurance adjuster processing your claim might try to take advantage of you.

A personal injury lawyer collects the physical evidence you need to receive compensation, such as acquiring copies of your medical bills. The official incident report represents an important document that substantiates your insurance claim. For example, if you slip and fall at a convenience store, the manager’s incident report becomes an integral part of the physical evidence.

Injuries Caused By a Defective Product or Medical Provider

If you sustained one or more injuries caused by a defective product or medical provider, a team of attorneys representing a large company works hard to defend their client against any liability claims. They might aggressively defend their client by disputing your credibility and/or delaying any legal proceedings regarding the case. Without a personal injury attorney to represent you, the chances of you receiving compensation dramatically decline.

Negotiate a Settlement

The insurance company processing your claim or the defendant in a personal injury lawsuit might come out of the gate willing to discuss a financial settlement. If this is the situation, you need the legal services of a persuasive negotiator to represent you during the back-and-forth sessions.

A personal injury lawyer submits a reasonable offer for compensation, which the other party either accepts or rejects. If the other party rejects the initial offer, you can expect to receive a counteroffer or a letter requesting that the case move to the next step in the legal or insurance claim process. Several counteroffers can follow the initial offer until both parties agree to a settlement or decide to take the case to the next phase.

Case Goes to Trial

It seems like a no-brainer, but might be surprised to learn about the large number of plaintiffs in personal injury cases who represent themselves during a civil lawsuit that seeks monetary damages. If it looks like your case is moving to the trial phase of the civil lawsuit process, you should receive the support of a personal injury attorney who has successfully litigated similar cases. A skilled litigator knows how to persuade the judge hearing the case to take your side, as well as convincingly present the physical evidence that you need to win a favorable judgment.

In addition, a personal injury attorney files a civil lawsuit before the expiration of the statute of limitations, which for most states runs between two and four years.

Appealing Your Case or Claim

If your insurance claim and/or civil lawsuit reaches the appeals stage of the process, a personal injury attorney helps you navigate through the process until you receive just compensation. You might have to submit more compelling physical evidence, as well as present a stronger argument that you deserve just compensation for your injuries and other financial obligations caused by a personal injury incident. If you did not seek legal support before the appeals stage, a personal injury attorney can reverse a negative decision made by a judge or insurance adjuster.

A Car Accident Attorney Can Help You Win Your Insurance Claims

According to several studies, an average of more than 12 million car accidents occur each year in the United States, with nearly one-third of the crashes causing some type of vehicle damage. With around 42,000 motor auto accident fatalities every year, the typical motorist in the United States can expect to get involved in a motor vehicle collision once every six years. If you get involved in a car accident, you should follow a series of steps that include contacting a car accident attorney. A personal injury lawyer who specializes in handling car accident cases provides several legal services to help you recover financially from an auto crash. Most motorists require one type of legal service, which is to file a car insurance claim.

Let’s see how a car accident attorney can help you win your insurance claims.

Communicate with the Insurance Adjuster

Insurance adjusters have one primary responsibility: To limit the value of insurance claim payouts. If you do not hire a car accident attorney to help you submit an insurance claim, the adjuster processing your claim is more likely to deny compensation. In addition, your lawyer handles all forms of communication, which allows you to focus on other objectives, such as recovering from your car accident injuries.

Complete the Insurance Claim Form

For the most part, insurance claims are straightforward, legally binding documents. However, just one mistake on an insurance claim might compel the adjuster processing the claim to deny it. Even leaving a space blank is just cause for denial. A car accident attorney walks you through each section of an auto insurance claim form, as well as meticulously reviews the document to ensure there are no errors. In addition, a car accident attorney monitors your claim to keep it moving through the review process.

Collect Physical Evidence

Submitting persuasive physical evidence is the heart of building a successful insurance claim. A car accident attorney collects physical evidence such as photos of the accident scene, as well as footage captured by a traffic and/or security camera. Your lawyer also interviews witnesses to get statements that corroborate your version of events and to support the physical evidence gathered at the scene of the crash. The formal report filed by the responding law enforcement agency also represents a convincing piece of evidence.

Calculate Monetary Damages

Another factor that strengthens your insurance claim involves calculating a reasonable value for compensation. With the help of a car accident attorney, you add up all tangible expenses, which include the value of medical and auto repair bills. Your car accident attorney obtains copies of every medical record to calculate the value of diagnosing, treating, and rehabilitating your injuries. You also might qualify for insurance claim compensation because you suffer from emotional issues such as the development of Post-Traumatic Stress Disorder. (PTSD).

Negotiate a Settlement

A car accident attorney can negotiate a settlement with the insurance adjuster processing your claim. Negotiations start when your car accident attorney submits a value for compensation, which the insurance adjuster either accepts or rejects. If the insurance adjuster rejects the initial offer, several rounds of counter offers can follow until both sides agree to a settlement or decide to take the claim to the appeals stage of the review process. An experienced car accident attorney understands what constitutes a reasonable value for compensation.

4 Steps in Hiring a Personal Injury Lawyer After a Slip and Fall

According to research conducted by the United States Bureau of Labor Statistics (BLS), slip and fall accidents account for around 25 percent of all workplace-related injuries. They also represent one-third of all preventable deaths.

Slip and fall incidents can unfold at any type of venue that is open to the public, including convenience and grocery stores, as well as entertainment venues such as arenas, stadiums, and movie theaters. Injuries sustained by slip and fall victims range in severity from mild bumps and bruises to compound fractures and long-term whiplash symptoms. Slip and fall incidents represent one of the most common cases handled by a personal injury lawyer.

If you sustained one or more injuries as the result of a slip and fall incident, you should follow four steps when hiring an experienced personal injury lawyer.

Seek Immediate Attention

Regardless of how you feel after a slip and fall incident, the first item on your to-do list involves getting checked out by a licensed physician. As with cases handled by a car accident lawyer, a slip and fall incident can cause injuries that do not develop symptoms for several hours or up to a couple of days, including whiplash, concussion, and soft tissue damage.

Without copies of medical bills and a detailed description of your injuries, you have no chance to get an insurance claim approved, much less win a civil lawsuit that seeks monetary damages.

Gather Physical Evidence

As with a car accident lawyer who collects physical evidence, the personal injury lawyer that you hire builds the strongest insurance claim and legal case possible by gathering physical evidence. However, you can give your personal injury lawyer a head start by presenting some of the physical evidence associated with your case.

Start by taking photographs of what you think caused your slip and fall incident. This can mean a photo of a wet spot on a floor and/or an object sticking out in a high-traffic area. You also should speak with witnesses to find one or more people to confirm what the physical evidence tells you. In addition, asking for footage from security cameras can identify the culprit that caused you harm, as well as determine whether the venue where you slipped and fell should be held legally liable for your injuries.

File an Incident Report

Employees injured by a slip and fall while at work must file an incident report within a certain amount of time. Although you are not under a similar deadline, you should file an incident report as soon as possible after a slip and fall incident. Present all the information you have collected to the owner or manager of the venue, and copy every piece of evidence to ensure your incident report does not leave out any important information by the time the venue owner or manager processes it for insurance purposes.

Receive Legal Support

The time has come to meet with a personal injury lawyer to discuss your case. Your attorney helps you submit a persuasive insurance claim, as well as monitor it to ensure it receives prompt attention from an insurance adjuster. If you encounter resistance trying to obtain video footage, your personal injury lawyer takes the steps necessary to acquire it by going through the legal system. Your personal injury lawyer also files a personal injury lawsuit against the venue if negligence played a role in you sustaining one or more injuries as the result of a slip and fall incident.

Is a Car Accident Attorney Necessary if There is Only Minor Fender Damage?

It was just another day running errands when Murphy’s Law kicked in. What can go wrong will go wrong becomes true when you get involved in a car accident. However, it turned out to be a fender bender, which brings up one important question.

Is a car accident lawyer necessary if there is only minor fender damage? In short, contacting a personal injury lawyer who specializes in handling car accident cases is the right thing to do for several reasons.

Your Car Might Be More Damaged Than You Think

At first look, a minor fender appears to be nothing more than an unsightly bump in the fender that a licensed mechanic can hammer out in just a few minutes. However, your car might have absorbed enough of an impact to develop one or more serious issues that you cannot detect at first glance. For example, the impact might have been strong enough to push the suspension out of alignment or decrease the operational performance of one or more safety features.

Even for a minor fender bender, one of the first things to do after an accident is to take your car for an inspection by a qualified mechanic.

Your Body Might Have Sustained More Damage Than You Think

According to the Centers for Disease Control and Prevention (CDC), motor vehicle collisions send more than 2.3 million victims to an emergency room each year. After a minor fender bender, you might not feel the need to seek medical attention, but you should because some injuries take more time to develop than other types of injuries. For example, whiplash and a concussion might not show signs of development until hours or even a day or two after a car accident. A car accident attorney cannot help you recover the financial losses associated with medical bills if you do not seek medical attention in a timely manner after a collision.

You Need Help Filing an Insurance Claim

One of the most important types of legal support that is provided by a personal injury lawyer who specializes in handling car accident cases involves helping clients file persuasive insurance claims. Auto insurance adjusters love it when policyholders do not receive legal support when filing an accident claim. Not only does a car accident lawyer help you submit convincing physical evidence, but you also gain an advocate who closely monitors your claim to ensure it receives the attention that it deserves.

Here is important advice to remember: Do not contact your insurance company until after you have consulted with a state-licensed car accident lawyer.

You Deserve Compensation

Let’s assume your injuries and the damage done to your car turned out to be much worse than you initially thought. How do you recover the financial losses generated by medical bills and the repairs done to your motor vehicle? The answer is by working with an experienced personal injury lawyer who specializes in handling car accident cases.

You have two primary types of compensation to request after an auto crash. First, you request compensation to pay off medical and car repair bills. Submitting copies of the bills typically is enough physical evidence to get a car accident claim approved. You also might qualify for noneconomic damages, which include living with emotional trauma such as the symptoms triggered by Post-Traumatic Stress Disorder (PTSD).

The Bottom Line

Regardless of the severity of a motor vehicle collision, your insurance company and the car accident lawyer representing the other party will not be on your side. This means you should hire a personal injury lawyer who handles car accident cases to represent your best legal and financial interests.

Should I Call a Personal Injury Lawyer If a Semi Blowout Caused Car Damages?

Although they occur less often than other types of motor vehicle accidents, commercial truck collisions typically leave behind devastating damages. Commercial truck accidents are more likely to cause serious injuries and fatalities. In the case of a collision with a truck, victims inside the passenger car are much more vulnerable to sustaining serious injuries than the driver of the commercial truck. However, some passenger car accidents caused by a truck do not produce any serious injuries. Instead, a car accident such as the one caused by a semi blowout leaves behind a long list of property damages.

If a semi blowout caused car damage, should you call a personal injury lawyer? The answer is a resounding yes. Several studies have demonstrated car accident victims that hire a personal injury lawyer receive a settlement up to 3.5 times larger than if they settled a claim on their own.

How Can a Car Accident Lawyer Help Me with a Semi Blowout That Caused Car Damage?

After a car accident of any kind, you must follow several steps that can lead down the road to a settlement. However, you cannot expect to complete every step on your own and receive the compensation that you deserve. Hiring a personal injury lawyer to handle a semi blowout case is the right decision for many reasons.

Conducts a Detailed Investigation

To file a persuasive insurance claim and civil lawsuit that seeks monetary damages, you must collect enough compelling evidence to receive just compensation. An experienced car accident lawyer recovers physical evidence, which in the case of a semi blowout, includes photographs of the tread found with the damaged tire. Your attorney captures images of tire tracks, as well as the road condition at the time of the crash. A copy of the official law enforcement report helps determine whether the semi truck driver committed one or more acts of negligence. For support, your personal injury lawyer also interviews witnesses to discover what transpired before, during, and after the truck collision.

Helps File an Insurance Claim

Although filing an insurance claim is a relatively straightforward process, you might encounter one or more obstacles that leave you frustrated and inevitably, much poorer for the experience. Insurance companies prefer that policyholders file claims without the legal support provided by an experienced car accident lawyer. An attorney helps you navigate the fine print, as well as interacts with the insurance adjuster reviewing your claim to ensure it receives the prompt attention that it deserves.

Negotiate a Settlement

The last thing an insurance adjuster wants is to get stuck with a large payout. To minimize the risk of losing an appeal, the insurance adjuster processing your claim might agree to negotiate a settlement. Your car accident attorney calculates a reasonable value for compensation by adding up the tangible costs associated with your case, such as medical bills and car repair receipts. Then, your personal injury lawyer takes into account any non-monetary damages like suffering from Post-Traumatic Stress Disorder (PTSD).

Negotiations start when your car accident lawyer submits an initial offer, which the insurance adjuster either accepts or rejects. If the insurance adjuster rejects the initial offer, several rounds of counteroffers can follow until your car accident lawyer reaches a settlement or the claim goes to the appeals phase of the process.

Schiff & Associates Attorneys at Law Do I Need to Pay a Retainer When I Hire a Car Accident Lawyer?

Be prepared.

It is a saying that applies to just about every type of life circumstance. Although you hear the phrase most often when responding to a natural disaster, it also has relevance when it comes to hiring a car accident lawyer. You might not need a personal injury lawyer who specializes in car accidents to help you today. However, there is a good chance you will need the legal support of a car accident lawyer tomorrow.

Being prepared to address the legal consequences of an automobile collision involves hiring a car accident lawyer on retainer. Although you do not need to pay a retainer to hire a personal injury lawyer, hiring legal counsel on a retainer ensures you receive prompt legal support.

What is a Legal Retainer for a Car Accident Lawyer?

A legal retainer is a legal fee paid upfront to receive future legal support. The legal fee paid upfront does not cover a specific type of service provided by a personal injury lawyer. For example, you do not pay a retainer fee to a car accident lawyer to represent you during a civil trial that seeks monetary damages. Instead, a retainer fee provides you with the right to request legal support in case you get involved in an auto crash. If you sustained injuries as the result of a car accident, having a personal injury lawyer on retainer significantly speeds up the insurance claim process.

Retainer fees differ in value and the types of legal support provided. You have the option to pay a one-time flat retainer fee or an hourly rate that allows you to receive a wide variety of legal services. The key is paying a retainer fee gives you immediate access to a car accident lawyer after a motor vehicle collision.

Why is Paying a Retainer Fee Important to Receive Help With an Insurance Claim?

Not all car accidents require the same types of legal support. However, you can expect to deal with an insurance company in the aftermath of an auto crash. The most common reason to pay a retainer fee to a car accident lawyer concerns getting through the insurance claim process.

A personal injury attorney who specializes in car accident cases acts as an intermediary between you and the insurance adjuster. Insurance companies love it when policyholders do not gain legal representation during the claim process. With a car accident lawyer acting as your intermediary, you can rest assured that your best financial interests are taken care of during the entire insurance claim process. Another benefit of having a personal injury lawyer acting as an intermediary is it allows you to focus on other important issues, such as recovering from the injuries sustained because of a car accident.

Time is critical right after a motor vehicle collision, mostly because you need to gather convincing physical evidence to submit an insurance claim. Hiring a car accident lawyer on retainer provides you with quick access to someone who conducts an immediate investigation. The faster you complete a thorough investigation, the more likely the insurance company processing your claim approves it. In addition, paying a retainer fee to a car accident lawyer helps you negotiate a settlement, which allows you to avoid the costly and time-consuming litigation process.

5 Common Problems That Are Resolved By a Truck Accident Attorney

Filing a car insurance claim should not be an exercise in frustration. However, far too many auto insurance companies exploit the problems faced by claimants when seeking compensation. After you get involved in a car crash, you should follow a series of steps that help you receive the compensation you deserve.

First, you should call 911 followed by moving your automobile into a safe zone. Then, gathering physical evidence and speaking with witnesses provides you with the information you need to file a successful car insurance claim. If you sustained serious enough injuries, a trip to the nearest healthcare facility leads to the diagnosis and treatment of your injuries. The most important step to take after a car accident involves contacting an experienced auto collision lawyer. Getting legal support helps you resolve five common problems that are associated with an auto collision.

Gathering Evidence

Getting involved in a car accident can overwhelm you, especially if you have to deal with one or more injuries. The rapid flow of thoughts might make you forget to look for physical evidence and/or speak to witnesses that confirm what transpired before, during, and after the car accident. An experienced car accident attorney from Schiff & Associates immediately accesses the official police report to review physical evidence, as well as obtain the names and contact information of witnesses.

Gathering evidence helps your lawyer determine the cause of the crash, which can help resolve the next problem on our list.

Proving Negligence

To win a civil lawsuit that seeks monetary damages, your car accident attorney must show the judge hearing your case the presence of the four elements of negligence. First, your lawyer must demonstrate the other party owed you a duty of care to protect you against harm. Second, your attorney must submit persuasive evidence that establishes a violation of the duty of care doctrine. Third, the crash must have caused you to sustain injuries. Finally, you must have generated financial losses to become eligible for compensation.

Calculating a Fair Value for Compensation

Calculating a fair value for compensation seems like a straightforward process. All it appears that you have to do is add up the bills associated with your case. However, many auto accidents trigger mental and emotional issues such as acute anxiety that makes it difficult to assign a price tag. Hiring one of the proven car accident lawyers from Schiff & Associates ensures you receive compensation for non-monetary damages, such as the value of compensation for living with the symptoms of Post-Traumatic Stress Disorder (PTSD).

Negotiating a Settlement

An insurance adjuster and/or the lawyer representing the other party might want to negotiate a settlement to avoid the costly and lengthy litigation process. Negotiating a settlement requires the legal expertise of an experienced car accident attorney. You resolve the negotiation problem by receiving legal support that ensures you receive what you deserve in compensation. Your lawyer submits an initial offer, which the other party either accepts or rejects. If the other party rejects your initial offer, you might receive a counteroffer or a formal letter that requests you to move on to the next step in the process.

Filing a Civil Lawsuit

Without the legal support provided by an experienced car accident attorney from Schiff & Associates, you cannot expect to resolve the issues that arise by filing a civil lawsuit that seeks monetary damages. A car accident attorney interacts with the judge and the other party’s legal representative, as well as files your civil lawsuit before the expiration of the statute of limitations. Each state sets the deadline for filing a personal injury lawsuit, with most states establishing the statute of limitations between two and four years.

Why Don’t Insurance Companies Want Me to Hire a Car Accident Attorney?

If you are a recent victim of a car accident, the bills have started to pile up on your desk. The pressure to pay off costly healthcare and auto repair bills prompts you to check on the status of a car insurance claim every day. Insurance companies have no incentive to pay out insurance claim money, which means they love it when claimants apply for compensation without the help of a car accident attorney. In fact, your insurance company might discourage you from hiring an auto collision lawyer, especially if your claim is worth a substantial amount of money.

Let’s review why insurance companies do not want you to hire a car accident attorney.

Conducts a Thorough Investigation

Auto insurance companies assign experienced investigators to gather physical evidence, as well as interview witnesses. If you do not hire a car accident attorney, your insurance company can count on you not coming up with the proof you need to file a persuasive claim. A car accident lawyer from Schiff & Associates ensures you file a convincing insurance claim by referring to the official police report, which should describe in detail what caused the car accident.

The official police report also contains the name and contact information of every witness.

Calculates a Reasonable Claim Value

One of the most common reasons why insurance companies deny car accident claims concerns the submission of an unreasonable value of compensation. This factor alone might be the reason why your insurance company does not want you to work with an experienced lawyer from Schiff & Associates. With the legal support provided by a car accident attorney, you add up the tangible costs associated with the auto crash, such as medical and auto repair bills. Your attorney also calculates a fair value for non-economic damages, such as the costs generated by treating the symptoms of Post-Traumatic Stress Disorder (PTSD)

Helps Complete the Insurance Claim Form

Just one mistake in completing a car insurance claim form can lead to the denial of your claim. Whether you insert inaccurate personal information or forget to fill in a section, the insurance company processing your claim can send your claim back denied without having to present an argument against any of the physical evidence filed with the claim. Hiring one of the highly-rated lawyers from Schiff & Associates ensures you file an accurate and fully completed car insurance claim.

Negotiates a Settlement

Car insurance companies hope claimants accept no as an answer the first time they file a car insurance claim. They can then file away a denied claim and move on to other customer claims for processing. Hiring an auto collision lawyer provides you with the opportunity to avoid a lengthy claim process by negotiating a settlement. Instead of denying your claim and moving on, your car insurance company must negotiate with your attorney to end any stalemate that arises during the claim review process.

Your attorney submits a reasonable offer, which your insurance company can either deny or send back with a counteroffer.

Highly Motivated

Auto insurance companies fear interacting with car accident attorneys because of the motivation to seek as much money as possible by filing a claim. A vast majority of auto insurance lawyers operate on a contingency fee basis, which means they receive compensation only when their clients get paid by an insurance company. The financial incentive to receive the highest possible value for compensation keeps insurance company actuaries awake at night.

Why Should Owner Operators Keep a Truck Accident Attorney on File?

Truck owners and operators have to take steps to prevent their rigs from getting involved in an accident. Two of the most important steps to take include following federal driving regulations and performing regular maintenance on their 18-wheelers. Another important precautionary step involves keeping a truck accident attorney on file. Keeping a truck accident attorney on file requires hiring a lawyer on retainer. A retainer arrangement gives an owner or operator quick access to legal representation in case a truck driver gets involved in a collision.

Why Do I Need to Have a Truck Accident Attorney on File?

Keeping a truck accident attorney on file dramatically reduces the amount of time it takes to hire a lawyer to represent you during a truck accident case. In addition to quick access to legal representation, truckers benefit from keeping a lawyer on file for several additional reasons.

Conduct a Thorough Investigation

The key to gaining approval for an insurance claim, as well as winning a favorable legal judgment, involves gathering sufficient physical evidence to support an insurance claim and a civil lawsuit that seeks monetary damages. To collect persuasive physical evidence, your truck accident attorney conducts a thorough investigation that includes gathering physical evidence such as traffic and/or security camera footage. Your attorney also reviews the official police report and interviews witnesses as part of a detailed investigation.

Interacts With the Insurance Adjuster

A truck accident lawyer from Schiff & Associates helps you file a convincing insurance claim, as well as acts as an intermediary to prevent an insurance adjuster from taking advantage of you. By working with an experienced truck accident attorney, you can considerably reduce the amount of time it takes to get an insurance claim settled. You also can focus your attention on other issues, such as recovering from any injuries sustained as the result of a truck accident.

Submit a Reasonable Request for Compensation

One of the most common reasons for truck accident claims to come back denied is an unreasonable request for compensation. By hiring an experienced truck accident attorney, you submit a fair value for compensation that leads to the approval of your claim. Your truck accident lawyer considers the value of economic damages, such as the cost of medical bills and repairing property damage. Then, your lawyer calculates a value for non-economic damages, which can include treating the symptoms associated with Post-Traumatic Stress Disorder (PTSD).

Prove Another Party Committed Negligence

To win a civil lawsuit that seeks monetary damages, your truck accident attorney must prove the presence of the four elements of negligence. First, your lawyer must show another party owed you a duty of care to prevent a truck accident. Second, another party must have committed at least one act that violated the duty of care doctrine. Third, you must prove that the truck accident caused your injuries. Fourth, the truck accident has to generate financial losses, such as medical bills and payments to repair the damage done to your rig.

Negotiate a Settlement

Hiring a truck accident attorney provides you with an experienced negotiator to represent your financial interests for an insurance claim, as well as a civil lawsuit that seeks monetary damages. Negotiations start with your lawyer submitting the initial offer, which the other party accepts or rejects. If the other party rejects the initial offer, you might receive a counteroffer or a certified letter that requests both parties move on to the next step of the insurance claim and/or civil lawsuit process. Several counteroffers can follow the initial offer until both parties resolve their differences or decide to take another action.