If you’re uncertain about when to hire a personal injury lawyer, it’s best to do so promptly after getting injured in an accident caused by someone else’s negligence. An experienced personal injury lawyer can help you pursue compensation for your injuries and advocate for your rights when dealing with insurance companies that attempt to minimize your compensation. Having the right personal injury lawyer on your side can greatly impact your claim. For assistance in obtaining compensation for your injuries, reach out to George Bochanis Injury Law Offices at (702) 388-2005.
Signs You Need a Personal Injury Lawyer in Nevada
Is it worth hiring a personal injury attorney? When individuals hire a lawyer to assist with the personal injury process, they typically receive much more compensation for their damages compared to those who opt to handle the claim by themselves. Certain indicators may suggest that you require the assistance of a personal injury lawyer.
You Sustained a Significant Injury
Personal injury cases often arise when an individual sustains harm from an accident or injury that was not their fault. This can include various incidents such as motorcycle accidents, pedestrian accidents, construction accidents, and medical malpractice.
The key elements of a personal injury claim are:
- The at-fault party had a duty of care towards the victim.
- The at-fault party failed to meet this duty of care.
- The victim’s damages and losses (physical, emotional, financial) resulted from the at-fault party’s actions.
While some claims may be fairly simple to prove, others can be complex. The more significant your injuries are, the more complex your matter is likely to be, and the more likely you are to require the assistance of personal injury attorneys.
Liability Is Unclear
Establishing liability is crucial to validating a personal injury claim. Sometimes, determining liability is straightforward—for example, if the at-fault party was intoxicated during the accident. However, there are more complex scenarios.
For instance, in a car accident, if the driver does not own the vehicle involved, the owner may still be deemed liable, such as if they knowingly permitted someone with a history of reckless driving to use their vehicle. Similarly, if road conditions or traffic signals were factors in the accident, government entities in charge of road maintenance and traffic control may be found liable if negligence is proven.
The ability to prove liability hinges on the evidence at hand. Knowing how and where to gather it is not always straightforward. In such situations, enlisting the help of a personal injury lawyer can be essential in validating your claim.
A personal injury attorney can assist in gathering the necessary evidence to demonstrate the liability of the at-fault party for your injury. This may involve obtaining police reports, witness testimonies, security footage, and other relevant information.
You Need to File an Insurance Claim
It’s advisable to consult a personal injury lawyer before initiating an insurance claim. An attorney can assist in gathering evidence, evaluating damages, obtaining medical and income records, and managing paperwork. When filing the claim, you’ll communicate with an insurance adjuster, who aims to minimize payouts. It’s essential to avoid statements that could jeopardize your claim. A lawyer can provide guidance on communicating effectively during this process.
The Insurance Is Making an Offer That Is Too Low
Dealing with insurance can be a major challenge in a personal injury case. Things may be more complex when the injury requires more medical treatment. If the settlement offered by your insurer or the at-fault party’s insurer doesn’t cover your recovery costs, seeking legal assistance is wise.
If you receive a lowball settlement offer from an insurance company, hiring a lawyer for negotiation is advisable. Often, the involvement of a lawyer and the threat of a lawsuit is enough to prompt insurance companies to offer a higher settlement.
An experienced personal injury lawyer is skilled at negotiating with insurance companies to secure fair compensation. Facing challenges with insurance is an indicator of when it’s time to engage a personal injury lawyer.
You Can’t Agree on a Settlement Amount
In case you are unable to reach a fair agreement with the insurance company, it will be necessary to initiate a personal injury lawsuit to seek compensation.
Personal injury lawsuits can be complex, especially for individuals without legal expertise. Your attorney will initiate the legal process by filing a complaint with the court and commencing the discovery phase. In the event of a failure to reach a settlement, the matter may proceed to trial, which can extend over several months or even years.
Steps to Take When Hiring a Personal Injury Lawyer
When looking for a personal injury attorney, it is crucial to find someone with whom you feel at ease and who can assist you in securing the maximum compensation. The first step in hiring a personal injury lawyer is thorough preparation. Key actions to take when selecting a personal injury attorney include:
Listing Your Needs
Before you start looking for an attorney for your personal injury case, it’s essential to gather as many details as possible regarding your situation. The specifics of your case are crucial. Start by listing the type and severity of the injury, describing the incident, specifying where it occurred, identifying who was at fault, and outlining your desired outcomes, such as compensation for medical bills, lost wages, and pain and suffering. This list will serve as the foundation of your case and will help you and your attorney get on the same page from the start.
Evaluate Experience
It’s important to hire an experienced personal injury lawyer to boost your chances of success. An experienced lawyer has the expertise to handle various issues in personal injury law, from complex injuries to dealing with insurance companies. Make sure to choose a lawyer who regularly handles personal injury cases, as they will be familiar with cases like yours.
Prepare for Your Meeting With Your Attorney
You should keep copies of discharge papers, prescriptions, medical records, or bills if you have received medical treatment for your injuries before meeting with your attorney. Also, make sure to bring your medical records, insurance information, witness information, traffic accident report, and incident report to your initial meeting. Having these documents will make it easier for the attorney to provide accurate answers regarding your case.
Discuss a Payment Model
It is important to discuss how personal injury lawyers get paid to prevent unexpected situations in the future. Inquiries to consider are:
- Does the attorney offer a free initial consultation?
- Is the attorney operating on a contingency-fee arrangement?
- How are the expenses related to the case handled?
What Are the Benefits of Hiring a Personal Injury Lawyer?
A personal injury lawyer can help a case by composing and sending a demand letter, negotiating for a settlement on your behalf, or initiating a lawsuit.
Negotiate a Settlement
In many instances, it’s possible to resolve a personal injury dispute without going to court. It is estimated that around 3% of personal injury cases go to trial. Enlisting the services of an attorney can assist you in managing discussions with the insurance company. Your attorney can negotiate on your behalf and is likely to possess the necessary skills and experience for such negotiations. With legal representation, you’re more likely to secure larger settlements for your losses and injuries.
File a Lawsuit
If you are unable to reach an agreement, or if the insurance company is uncooperative, you might need to take legal action. Your lawyer will likely have a Nevada personal injury case checklist, and can assist you in preparing your personal injury case for trial. With litigation experience and comprehension of the legal process, your attorney can determine which evidence is crucial to support your claim and assess your damages. In addition, your attorney will present your case to improve your chances of a positive result.
Burden of Proof
In a civil dispute, the burden of proof involves the responsibility of one party to provide evidence that proves the facts needed to satisfy all legal requirements. In personal injury cases, the burden of proof rests with the individual bringing the claim, and the standard of proof is known as “the balance of probabilities.” The balance of probabilities requires the claimant to demonstrate that it is more likely than not, or over 50% probable, that the defendant is responsible for his or her injuries.
To meet the burden of proof in a personal injury claim, your attorney will carry out an investigation, collect evidence, and present this evidence in court to persuade the judge or jury that it is more likely than not that the defendant caused your injuries
Contact us at George Bochanis Injury Law Offices for information on how personal injury attorneys are compensated, assistance with filing your lawsuit, and representation in settlement negotiations with the liable party.
