The Importance of Hiring a Personal Injury Attorney After an Accident

August 2, 2023

Auto accidents are near certainties for those who drive throughout their adulthood. Unfortunately, many auto accidents also cause injuries and sometimes end up fatal. They also often damage vehicles and may result in harm to accident victims. If you're injured in a car accident caused by a negligent driver or another party, retaining a personal injury attorney is a very smart move. Here's a closer look at how an attorney could help you.

Files a Strongly Supported Insurance Claim


Whether you're driving your own vehicle or are a passenger in someone else's and suffer an accident injury, you'll need to file an insurance claim. The cost of injuries can be very high, and a personal injury attorney can help you to file well-supported claims for your injuries and related damages. According to BankRate, the average economic cost of a vehicular accident was $1.75 million per fatality and more than $100,000 per disabling injury in 2020 due to lost wages, medical costs, auto damage, and other expenses. Your potential damages also could include pain and suffering and other harm, which your attorney can help you to document and claim.

Identifies Liable Parties


When one or more drivers cause an accident due to negligence, the negligent parties are liable for the cost of damages. It's also possible that a third party is at least partly responsible for causing an accident. A poorly maintained roadway, an object in the road, or some other issue might create conditions that result in an accident. Whenever one or more drivers or third parties are at least partly liable for causing your injuries in a car accident, your attorney can help to identify those parties and help you to hold them accountable.

Deposes Witnesses and Other Drivers


A personal injury attorney can depose witnesses who saw the accident that caused your injury. Your attorney can also depose any offending drivers or other parties that might have contributed to causing the accident. Those depositions are evidence that might work in your favor and help to support your claims. If the matter winds up in court, your attorney could use those depositions to help convince a judge or jury that you're a victim who should be compensated for your medical costs and related damages, including lost wages, pain and suffering, and others.

Protects You Against Insurers and Opposing Attorneys


When you retain a personal injury attorney, any insurers, insurance adjusters, or attorneys must communicate through your attorney's law firm. They cannot contact you directly without first contacting your attorney. All that you need to do is contact them to give them your attorney's information or tell them that you have retained an attorney to handle this matter. Once you tell them that you have retained an attorney and provided the contact information, the phone calls and potential home visits should stop.

Stops Related Debt Collections


Your personal injury attorney also can make debt collectors stop any collection activities that might be related to your injury case. Many people who are injured in car accidents cannot work for a period of time and might fall behind on their bills. Medical bills in particular might be very large and trigger debt collections. Your attorney can put a stop to those activities and prevent any negative ratings on your credit report while the matter is being decided. Once it's settled, your attorney will pay your related medical bills from any settlement that you might get.

Makes Insurers Pay Valid Claims


Most states give insurers up to a month to either approve claims and pay them or deny them with cause. Sometimes, insurers try to lowball people who are injured in auto accidents by offering settlements that are much lower than they should be to cover the cost of legitimate claims. The insurers know that many people experience financial hardship while recovering from injuries suffered in car accidents. Accident victims are more apt to accept a lowball settlement offer, but your attorney could stop that from happening.


If you recently suffered an injury due to a car accident or any other kind of accident caused by one or more negligent parties, you can call or submit an online form to schedule an initial consultation with an experienced personal injury attorney . Contact Wilson & Novak Law Offices today to get connected with competent and experienced attorneys.

Understanding Personal Injury Law Basics

April 9, 2025
Navigating the complexities of personal injury law can be daunting. This area of law encompasses a variety of scenarios where individuals suffer harm due to the negligence or intentional actions of others. From automobile accidents to medical malpractice, understanding the fundamentals of filing a claim is crucial for obtaining the compensation you deserve. What Constitutes a Personal Injury Case? A personal injury case arises when a person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The responsible party could be an individual, a business, or even a government entity. Common examples of personal injury cases include automobile accidents, slip and fall incidents, medical malpractice, and product liability. Key Elements of a Personal Injury Claim To successfully file a personal injury claim, certain elements must be proven: Duty of Care: The defendant owed a duty of care to the plaintiff. Breach of Duty: The defendant breached that duty through negligence or intentional misconduct. Causation: The defendant’s actions directly caused the plaintiff’s injury. Damages: The plaintiff suffered actual damages, such as medical bills or lost wages. Types of Damages in Personal Injury Cases Damages in personal injury cases are typically categorized into two types: economic and non-economic damages. Economic Damages Economic damages are quantifiable financial losses incurred as a result of an injury. These include: Medical Bills: Costs for hospital stays, surgeries, doctor visits, and rehabilitation. Lost Wages: Compensation for income lost due to the inability to work. Lost Earnings Capacity: Future income lost as a result of long-term disability. Property Damage: Costs for repair or replacement of damaged property, such as a vehicle in car accidents. Non-Economic Damages Non-economic damages are more subjective and may include: Pain and Suffering: Compensation for physical pain and emotional distress. Loss of Consortium: Damages for loss of companionship or spousal support. Diminished Quality of Life: Compensation for a reduced ability to enjoy life’s pleasures. Steps to Filing a Personal Injury Claim Filing a personal injury claim involves several steps, each requiring careful attention to detail. 1. Seek Immediate Medical Attention Prompt medical evaluation is crucial not only for your health but also for establishing a clear link between the accident and your injuries. Medical records will serve as vital evidence in your personal injury case. 2. Gather Evidence Collecting evidence is essential for substantiating your claim. This includes: Photographs of the accident scene and injuries. Police or accident reports. Witness statements. Medical records and bills. 3. Consult with a Personal Injury Lawyer Engaging with a qualified injury attorney is advisable to navigate the legal intricacies. A personal injury lawyer can offer expert guidance, negotiate with the insurance company, and advocate on your behalf, ensuring you receive fair compensation. 4. File the Claim A formal claim must be filed with the responsible party's insurance company. This claim should detail the extent of your injuries and damages. An experienced attorney can assist in articulating the intricacies of your case. 5. Negotiate a Settlement Most personal injury claims are resolved through negotiation rather than going to trial. Your attorney will work to secure a settlement that adequately compensates for your losses. If negotiations fail, litigation may be necessary. Statute of Limitations The statute of limitations dictates the time frame within which you must file a personal injury lawsuit. Typically, this period ranges from one to six years from the date of the injury, varying by jurisdiction and case type. Consulting with an attorney promptly ensures compliance with these legal deadlines. The Role of Insurance Companies Insurance companies play a pivotal role in personal injury cases. They are responsible for compensating the injured party, but their primary aim is often to minimize payouts. Therefore, it is crucial to approach negotiations with caution and the support of legal representation. Common Tactics Used by Insurance Companies Delaying the Process: Prolonging the claims process in hopes of wearing down the claimant. Denying Liability: Asserting that their policyholder was not at fault. Underestimating Damages: Offering settlements that do not fully cover the claimant’s losses. Conclusion Understanding the basics of personal injury law empowers you to protect your rights and secure the compensation you deserve. Whether dealing with car accidents, medical malpractice, or other injuries, comprehensive knowledge of the legal process and the assistance of an adept personal injury lawyer are invaluable. By recognizing the various facets of filing a claim, the types of damages you can recover, and the tactics employed by insurance companies, you are better equipped to navigate your personal injury case effectively. Always prioritize your health and consult with a professional to guide you through this challenging process. To schedule a case evaluation with Wilson & Novak Law Offices, reach out online or give us a call at 219-757-0225 .
What does a personal injury attorney do

What does a personal injury attorney do?

September 18, 2024
A personal injury lawyer plays a vital role in helping victims of accidents and negligence get the compensation they deserve. From gathering evidence and negotiating with insurance companies to representing you in court, they handle all aspects of your case.