This article is by militarycriminallawyers.com, a top rated Military criminal defense law firm. When you suffer an injury as a result of another person’s negligence, one of the things you will contemplate is whether to hire a lawyer or handle the case by yourself. While it is not mandatory to seek legal counsel, there are certain cases when it is advisable to do so. The tricky part about personal injury cases is even when the case appears cut and dry, certain laws may make it very complicated. In light of this, it is wise to seek legal counsel especially when facing the following circumstances:
Permanent disability or long-term injury
Head injuries, limb injuries and other severe injuries can leave you incapacitated. Your physical capabilities may diminish as a result of the accident. In such situations it can be difficult to ascertain exactly how much the claim is worth. Calculating damages gets complicated especially if the treatment is ongoing for the foreseeable future. In such delicate matters, it is prudent to seek legal expertise. Compensation in permanent disability cases is normally determined based on the gravity of the injuries. The monetary figure is derived from the medical bills, time taken to recover, the type of injuries incurred and adjustment that need to be made as result of the injury. It is not possible for the courts to arrive at an accurate figure, the best they can do is make an educated guess. When this happens, you want to ensure that the guess falls in the highest range. This is why it is good to work with a personal injury lawyer who can foresee costs that you may not be in a position to.
Statistics show that medical malpractice ranks as the third leading cause of death in the US. Sadly, the amount of medical malpractice payouts does not match the resulting injuries and deaths. If you have been a victim of an injury from incompetent, negligent or unprofessional conduct by a healthcare practitioner, you should receive full compensation for your damages. The medical and legal rules surrounding these cases are complex. In most cases, the defense will put up a strong case to avoid paying a claim. In addition to this, proving negligence and liability is complicated. Medical malpractice lawsuits are best handled by legal experts who have extensive experience, and the necessary legal and medical background.
Most manufacturing and production plans are chemical based. It is very easy to get exposed to chemicals through air, water, soil or through food. Toxic exposure claims are complex and often hard to prove. In most cases, the plaintiff needs to obtain proof through scientific data. The complex part when it comes to proving toxic exposure liability is that the companies involved have built walls to protect their interests from legal exposure. Bringing down these walls requires great skill and expertise. In most cases, toxic exposure cases can also have a political angle or influence.
When the insurance company refuses to compensate
In some cases, insurance adjusters can refuse to pay the injured party. While most cases are settled out of court, sometimes insurance companies are adamant on paying. In such situations, you can be sure the insurance company will put up a fight. Personal injury lawyers have dealt with insurance adjusters before and they understand how they operate. An experienced lawyer will also put up a strong case before the jury. Left on your own, you may not have the legal experience or know-how to handle the insurance company.
When you do not have a legal background
Personal injury cases are bound by complex laws and regulations. The theory of personal injury and the practice of it is very different. Reading handbooks on personal injury does not mean that you can take on the insurance adjusters. In addition to this, insurance companies will hire experts to represent them in any claim. They also have the financial muscle and legal resources. This means that they have an upper hand. The best way to level the playing field is getting an experienced personal injury lawyer on board. Again, insurance companies have been known to intimate and strong arm persons making claims. This further emphasizes on the need to seek legal expertise.
Another complication arises when determining the value of a claim. Not all costs are straightforward. General damages may include pain and suffering, loss of consortium, loss of guidance and mental anguish. You need a legal expert to ensure that you are fully compensated for any damage caused by the accident, whether emotional or physical.
Statute of limitations complications
Personal injury claims are bound by a statute of limitations. There is a stipulated time frame in which claims must be made. A legitimate claim can be nullified because of not filing within the bounds of time. Again, Personal injury cases differ from state to state, this means you need a lawyer who is familiar with “common law” in the state where the accident happened.
Proving liability is not easy even when the case appears straight-forward, as a result it is in your best interest to seek legal aid. Most lawyers will charge on a contingency basis, this means that you get to pay after the settlement amount has been paid. Thousands of claims go unpaid, the main reason is that victims shy away from making claims. While personal injury claims can be taxing, hiring a lawyer makes an otherwise strenuous process much smoother.