After an accident, one of the first decisions you may face is whether you actually need a personal injury lawyer.
Maybe the insurance company has already contacted you. Maybe your medical bills seem manageable. You may even have received a settlement offer and are wondering whether hiring an attorney will unnecessarily complicate a claim you could handle yourself.
For some minor incidents, handling a claim without an attorney may be reasonable. But there are also situations where attempting to negotiate a personal injury claim yourself can put your ability to recover fair compensation at risk.
If you were injured in Baton Rouge or elsewhere in Louisiana, understanding the difference can help you make a more informed decision.
“Do I understand enough about my injuries, Louisiana law, insurance coverage, and the potential value of my claim to protect my interests?”
The fact that you can handle a claim yourself does not necessarily mean doing so is the best choice for your particular situation.
Do You Always Need a Lawyer for a Personal Injury Claim?
No. Not every accident requires an attorney.
Consider a relatively minor car accident where the other driver's responsibility is clear, you suffered no significant injuries, you required little or no medical treatment, and the insurance company is cooperating.
A person in that situation may decide to handle the insurance claim independently.
The decision becomes more complicated when there are injuries, ongoing medical treatment, disputed fault, significant financial losses, or questions about what the claim may ultimately be worth.
You May Be Able to Handle It Yourself When:
- The accident was minor.
- Liability is clear and well documented.
- You were not seriously injured.
- You have completed your medical treatment.
- You do not expect future accident-related medical care.
- You missed little or no work.
- The insurance company has accepted responsibility.
- The amount of money at issue is relatively small.
Consider Speaking With a Lawyer When:
- Your injuries are serious or ongoing.
- Fault is being disputed.
- You are being blamed for the accident.
- You have lost significant income.
- Future medical treatment may be needed.
- Multiple parties may be responsible.
- A commercial vehicle was involved.
- The insurer is pushing for a quick settlement.
Even with a relatively minor claim, be careful about accepting a settlement before you understand the full extent of your injuries. Some injuries become more noticeable in the days or weeks following an accident.
Once a claim has been fully settled and released, you generally cannot simply reopen it because your condition turned out to be worse than expected.
When Should You Consider Hiring a Personal Injury Lawyer?
There is no universal rule, but certain circumstances make legal representation considerably more important.
You Suffered a Serious Injury
The more significant the injury, the more complicated determining damages can become.
A personal injury claim may involve more than reimbursement for the medical bills you have already received. Depending on the circumstances, damages can potentially involve:
- Current medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Permanent impairment or disability
- Other accident-related losses
If you are still receiving treatment, it may be difficult to know the long-term financial effect of your injury. An early insurance settlement can look substantial until future medical expenses and lost income are taken into account.
The Insurance Company Disputes Who Was at Fault
Liability is one of the biggest reasons a seemingly simple claim can become complicated.
Fault Can Directly Affect Your Ability to Recover
Under Louisiana's comparative-fault rules currently in effect, an injured person who is determined to be 51% or more at fault cannot recover damages. If the person's percentage of negligence is less than 51%, recoverable damages are reduced according to that percentage of fault.
That makes a disagreement about responsibility much more than an insurance technicality. It can substantially affect the outcome of a personal injury claim.
An attorney can investigate the circumstances surrounding the accident and work to preserve evidence that may help establish responsibility.
The Insurance Company Offers a Quick Settlement
A fast settlement is not necessarily a fair settlement.
Insurance companies resolve claims regularly. Most injured people do not. That difference in experience matters.
Before accepting an offer, you should understand what losses the settlement is intended to cover and whether you may have additional expenses in the future.
For example, imagine accepting a settlement while you are still experiencing back pain. Two months later, additional testing shows that you need more extensive treatment.
If you already signed a release resolving the claim, obtaining additional compensation may no longer be possible.
The amount of the check matters, but so does what you are agreeing to give up in exchange for it.
Unsure Whether Your Situation Requires an Attorney?
Before accepting a settlement or making decisions that may affect your claim, learn more about your options with The May Law Firm.
Explore Personal Injury RepresentationYour Injuries May Affect Your Ability to Work
Lost income is relatively easy to understand when you miss a few days of work. Long-term loss of earning capacity is different.
If an injury prevents you from returning to your previous occupation, limits the hours you can work, or affects your future career opportunities, determining the financial impact can become considerably more complicated.
Those cases may require documentation beyond a few recent pay stubs.
Multiple Parties May Be Responsible
Some accidents involve more than one potentially responsible person or company.
For example, a commercial vehicle accident could potentially involve a driver, employer, vehicle owner, maintenance provider, manufacturer, or another party depending on what caused the collision.
Similarly, premises liability and defective-product cases can raise questions about several individuals or businesses.
Identifying all potentially responsible parties can be important because it may also affect which insurance policies or other sources of recovery apply.
Your Accident Involved a Commercial Vehicle
Crashes involving commercial trucks and company vehicles can be significantly different from an ordinary two-car collision.
There may be company records, electronic data, maintenance records, employment information, insurance policies, and other evidence relevant to determining what happened.
Some evidence may also become more difficult to obtain as time passes. Speaking with an attorney early can help determine what evidence should be preserved.
You Are Being Blamed for the Accident
Do not assume that an insurance company's allegation about fault is the final word.
Fault may depend on photographs, witness statements, police reports, surveillance footage, vehicle damage, electronic information, medical records, and other evidence.
Because Louisiana's current comparative-fault law can reduce or even eliminate recovery depending on the percentage of fault assigned to the injured person, a significant liability dispute is a strong reason to consider legal representation.
What Does a Personal Injury Lawyer Actually Do?
A personal injury attorney's role involves more than sending a demand letter to an insurance company.
Depending on the case, an attorney may:
- Investigate how the accident occurred
- Identify potentially responsible parties
- Obtain and preserve evidence
- Review available insurance coverage
- Communicate with insurance companies
- Collect medical and financial documentation
- Evaluate current and potential future damages
- Negotiate a settlement
- File a lawsuit when appropriate
- Prepare the case for litigation or trial
Perhaps just as importantly, an attorney can evaluate the weaknesses in a case. Knowing where a claim may face challenges can be just as valuable as knowing its strengths.
Can I Negotiate With the Insurance Company Myself?
Yes. An injured person can generally communicate with an insurance company and negotiate a claim without hiring an attorney.
However, you should understand who you are negotiating with.
An insurance adjuster's job is to investigate and resolve claims on behalf of the insurance company. The adjuster does not represent you.
Statements you make about how the accident occurred, your injuries, previous medical conditions, or your recovery can potentially affect how the claim is evaluated.
Before providing extensive statements, signing authorizations, or accepting a settlement, make sure you understand what is being requested and how it could affect your claim.
How Long Do I Have to File a Personal Injury Claim in Louisiana?
Deadlines are another reason not to wait too long before investigating your options.
Louisiana law currently provides that many delictual actions are subject to a two-year liberative prescription period beginning on the day the injury or damage is sustained.
However, determining the actual deadline applicable to a particular case can depend on the date of the accident and the type of claim involved. Different rules and exceptions can apply in certain circumstances.
Do not assume that every Louisiana injury claim automatically has the same deadline. If you are unsure about the deadline for your case, speaking with an attorney as early as possible can help you understand which rules may apply.
Is Hiring a Personal Injury Attorney Worth It?
That depends on the case.
For a very small claim involving no meaningful injury, hiring an attorney may not be necessary.
For a case involving significant injuries, disputed liability, future treatment, substantial lost income, commercial defendants, multiple insurance policies, or an insurance company refusing to offer reasonable compensation, professional representation can become much more valuable.
You should also consider the amount of time and effort involved.
Managing a personal injury claim can mean dealing with adjusters, obtaining records, documenting expenses, understanding insurance policies, monitoring deadlines, evaluating settlement offers, and potentially preparing a lawsuit while you are also trying to recover physically.
The question is not only whether you can handle your case yourself. It is whether doing so is the best decision for your particular circumstances.
Questions to Ask Before Deciding to Handle Your Own Claim
Before proceeding without an attorney, consider the following questions.
If you are still undergoing treatment, the answer may be no.
Responsibility is not always as straightforward as it first appears.
Under Louisiana's current comparative-fault law, your percentage of fault can have a significant effect on your ability to recover compensation.
There may be more than one applicable policy depending on the circumstances.
Future medical treatment and reduced earning ability can be difficult to evaluate without additional information.
Insurance carriers handle claims every day. Most injured individuals do not.
A settlement agreement or release can have lasting legal consequences.
If several of these questions are difficult to answer, obtaining legal advice before settling the claim may be worthwhile.
Understand Your Options Before Making a Decision About Your Claim
You do not have to decide whether to hire an attorney based on guesswork. Jason May, Esq. can review the circumstances surrounding your injury, answer your questions, and help you understand the legal options that may be available to you.
Learn About Personal Injury Representation