Although you should be aware of what you're getting into, there is no law that says you must hire a lawyer to manage your own personal injury claim. However, if you're not a lawyer, attempting to manage your case and/or negotiate without legal counsel can work against you.
The goal of an experienced personal injury lawyer is to get their clients fair compensation to cover losses related to an accident that caused you injury. This includes medical costs, lost wages, property damage and emotional distress. The lawyer will likely have experience in negotiations with insurance companies and can get you the best possible results.
A knowledgeable lawyer, like those at Brandon J. Broderick, will fight to make sure you get the best outcome possible so that you are not left footing the bill for the accident's expenses.
Below are 3 reasons why you should retain a lawyer to represent you in a personal injury claim.
Lawyers Have Experience Negotiating Settlements With Insurance Companies
Insurance companies have a significant impact on personal injury claims. While customers pay a premium so that their insurer pays out if there are injuries in an accident, the job of insurance adjusters is to work out an amount in which their company is paying out the least amount possible. They are a "for profit" business, so the less the company pays out, the more profit they make.
In most cases, a victim's injuries are caused by the negligence of another party. This is when their insurance is used to compensate for damages. Regardless of whatever insurance provider it is, they will usually present you with a quick settlement offer that is much lower than you will likely need and they will also put pressure on you to accept it, especially if you are not represented by a lawyer.
A lawyer who specializes in personal injury has the knowledge and negotiating skills to engage with insurance companies and increase the compensation amount.
Determining the Value of Your Personal Injury Claim
In the majority of personal injury cases, there are two types of damages: special damages and general damages.
Damages that can be precisely calculated are commonly referred to as "special" damages; and damages that cannot be accurately calculated are referred to as "general" damages.
Special Damages
Property damage (the cost to repair or replace your car after an accident), lost wages and lost earning capacity, medical costs, and other monetary losses related to your injury are examples of special damages. They can generally be calculated accurately to come up with an exact total
Lost wages are also included. How much money have you lost and how much more do you stand to lose as a result of your injury? Lost earnings are exactly what they sound like.
Let's say you make $50,000 per year, are totally disabled for a year as a result of a serious back injury you suffered in a car accident, and can only find a part-time job paying $25,000 per year. If your injuries are long-lasting or even permanent, you have lost your ability to earn $25,000 a year for the rest of your expected working life, totaling $50,000 in lost wages.
Based on federal government statistics, work life expectancy is a statistical indicator of how many more years an individual can be expected to work, given their age and other variables. Calculating the value of $25,000 each year in the future is the difficult part.
General Damages
These types of damages cover your physical pain, emotional distress, and mental anguish. The amount of compensation for pain and suffering that should be included in a settlement is not very straightforward. Thus, calculating a specific amount isn't possible.
Putting a Value on Pain and Suffering
In personal injury claims, insurance companies employ a "multiplier" to determine the value of your pain and suffering as a multiple of your particular damages. When a jury is determining your damages, they do not employ multipliers.
Sending Out a Demand Letter
The demand letter serves as the beginning of serious settlement negotiations in the timetable typical of a personal injury lawsuit.
However, the demand letter is not delivered until after the case's facts, including fault, have been looked into and the extent of the victim's losses are known, or those damages can be fairly calculated if future medical treatment or lost wages are anticipated.
So, it's recommended to write a demand letter only after you have carefully considered how your injury has affected every facet of your life and after you have determined a fair value for your injury claim. This is significant because you will detail the following information for the defendant or the insurance company in your demand letter:
- the reasons why the defendant or insurance company is responsible for the injuries
- the type, severity, and cost of your injuries and subsequent medical care
- any monetary losses you may have incurred as a result of the accident and/or your injuries
- any other losses you may have suffered, such as pain and suffering
Need Help With Your Personal Injury Case? Brandon J. Broderick Is One Call Away
At Brandon J. Broderick, Attorney at Law, we value client service and compassion. You may rely on us to use the best approach and advocate for you. Our personal injury lawyers have decades of experience assisting accident victims. We've assisted many clients just like you in moving past an injury brought on by someone else's negligence.
For a free consultation, get in touch with us today.
We have offices in New York, New Jersey, Connecticut and Pennsylvania.