No one wants to be involved in a serious accident. There are many emotions involved, thoughts of who to blame and who to call. This article reviews when it might make sense to consult with a personal injury attorney/ lawyer regarding an injury.
Table of Contents
- Time Limits For Filing
- Decision to Pursue Legal Action
- Fees And Expenses
- Expectations of Having an Attorney Review Your Case
Recently injured in an accident? Was a loved one killed in an accident? Maybe you were wondering if hiring a personal injury attorney makes sense for your situation? A personal injury attorney specializes with physical or emotional harm due to the negligence or wrongdoing of another party. You may have mixed emotions about consulting a personal injury attorney. Sometimes this stems from guilt about making a claim against another party.
It’s important to have a lawyer explore your rights, helping you through your difficult time. An attorney with the right experience and knowledge takes the burden from you feeling uncomfortable or embarrassed about bringing up a personal injury claim against another party. Besides, many times the initial consultation, and even the cost of litigation, is not required to be paid upfront—only upon settlement or judgement. Reasons to consider a personal injury attorney to help in an injury case follow.
Time Limits For Filing
Depending on the type of claim, the law sets forth a very specific limit (a statute of limitations) on filing a personal injury claim. Depending on the state and the type of injury, you may have only a few months or years to file a lawsuit against the responsible party. If you miss this deadline, you may lose your right to seek compensation for your damages. A personal injury attorney helps you determine the applicable statute of limitations and file your claim before it expires.
- For instance, generally speaking, in the state of California, for personal injury you must file your administrative claim within 2 years of the date of the injury according to California Code of Civil Procedure Section 335.1. This sets forth the statute of limitations (time limit), for filing a civil lawsuit in California. There are additional timeframes established, however, depending on the particular cause or nature of the injury that may decrease or increase this timeline based on knowledge of when the event occurred. This is one of the reasons it is essential to contact a licensed attorney as soon as possible to assess the qualifications of a potential claim.
- In Texas, any civil action for “personal injury” must be filed not later than two years after the day the cause of action accrues according to Texas Government Code § 16.003. There could be additions or subtractions to this timeline, however, depending on circumstances of the injury. Having a licensed attorney available to consult on the knowledge of the law is essential in learning if your case is valid and conforms within the statutes.
Decisions To Pursue Legal Action
Pursuing a legal action can be challenging when dealing with the aftermath of an accident. Medical bills, lost wages, pain and suffering, and emotional distress are overwhelming. You may face resistance from the insurance company or other parties trying to deny or minimize your claim. Personal injury attorneys handle the legal aspects of your case allowing you to focus on recovery. They can gather evidence, negotiate with the insurance company, and represent you in court if necessary. In fact, it is important to consider consulting with an attorney before speaking to your insurance company, or other parties involved in the case, in the event such actions could be used against you in a court of law. Besides, this helps take the burden of navigating the legal system from you and onto your attorney.
Fees And Expenses
Hiring a personal injury attorney does not mean that you have to pay upfront fees or expenses. Clients pay personal injury attorneys on a contingency basis, generally. Personal injury attorneys pay the costs of litigation up front from their own funds taking a percentage of recovery as their fee. You do not have to worry about paying anything unless you receive compensation for your injuries.
DB Hill, A Professional Law Corporation offers personal injury work on a contingency basis. This is of utmost importance, so you don’t have any hesitation in deciding to come to us for advice on your issue. It’s a great first step in setting your mind at ease by consulting a personal injury attorney at DB Hill Law!
Expectations of the contingency fee will vary from law firm to firm. Across the U.S. some fee cases are 40% or more depending on case complexity, with the average being about one-third of total earnings of the case.
Expectations of Having An Attorney Review Your Case
What should you expect having an attorney review your case? During the initial consultation, your attorney asks about the details of your accident, your injuries, and the financial losses incurred. They will also review any documentation available such as medical bills, police reports, and photographs.
Once your attorney has a good understanding of your case, they will be able to advise you on your legal options. They may recommend that you file a lawsuit or suggest you try to negotiate a settlement with the other party’s insurance company.
If you decide to file a lawsuit, your attorney will handle all of the legal paperwork and represent you in court. They will also work to gather evidence to support your claim and negotiate with the other party’s insurance company trying for maximum compensation.
The process of reviewing a personal injury case can take several weeks or months, or longer. However, it is important to remember that your attorney is working hard to get you the compensation you deserve.
Expect the following during the review of your personal injury case:
- Your attorney will ask you questions about the accident and your injuries.
- Your attorney will review any medical records, police reports, or other documentation you have.
- Your attorney will discuss the legal options available to you.
- Your attorney will help you file a lawsuit or negotiate a settlement.
- Your attorney will represent you in court if necessary.
The review of your personal injury case can be a stressful time. Your attorney is there to help you get the compensation you deserve, lessening that stress.
Rember, if an accident has caused injury or death to you or a loved one, consult a personal injury attorney. They can help you protect your rights, pursue your claim, and obtain the compensation you deserve. It removes the stress of seeking help or remedy on your own. In California or Texas, contact us today for a free consultation in person, over the phone, or via online chat. Don’t hesitate, we are here to help.