When injured in an accident, one of the most important decisions you will need to make is whether you should seek legal counsel.  Maybe you decide not to hire counsel because you mistakenly think that the insurance company is there to help you through the process (find out why this isn’t the case).  Perhaps you want help but believe you can’t afford an attorney (see why “contingency basis” is good news for you.).  Or you may simply find yourself asking: Is my case big enough to hire an attorney?

While it is always smart to call an attorney when in doubt, this question is one that should not be answered too quickly.  There are various indicators that a qualified attorney will initially assess, but often it is the specific details of your case that will ultimately determine whether it makes sense for you to pursue litigation further.  If you have suffered more than a minor injury, a thorough consultation is usually the best way to determine the real potential of your case.

Let’s consider a few aspects to be considered when analyzing a personal injury case:

• Is your injury minor or major?
• Have you sought professional treatment for your injury?
• How well is your injury responding to treatment thus far?
• Does your doctor foresee future treatment as necessary?
• Are you dealing with a lot of medical costs as a result of the accident?
• Is the at-fault party insured and what are the policy limits?

These are just a few of the questions whose answers will determine whether your case would benefit from hiring an attorney.

Often personal injury cases that appear small at the onset become big cases when the injured starts treatment.  That minor neck sprain turns out to be a herniated disc; a shoulder sprain may be a torn rotator cuff; or a swollen knee is really a damaged meniscus.  If your minor injuries turn out to be major ones and you accepted a quick settlement there will be no way for you to seek further compensation.  A good attorney will counsel you to wait until you know the full extent of your injuries before negotiating any claim.

If you were not at fault in an accident and you are injured, your case is important.  Before making any final decisions on representation, it is always a good idea to sit down with an attorney and discuss your options.  At the very least, you will gain knowledge and feel confident about making the best decisions for you and your loved ones.

Find out more about What To Do After A Personal Injury Accident.

We love a good DIY project. But handling your own legal work is not the best idea. Why? Stay tuned as we debunk several myths about legal DIY and how a good attorney protects your best interest.

Myth #1: I keep more money in my pocket if I handle my own legal negotiations.

Most people believe they will keep more money in pocket if they don’t have to pay an attorney. This makes sense intuitively since minimizing costs will maximize return. However, without experienced legal assistance, you may also minimize your recovery.

The reality is that an experienced personal injury attorney will nearly always increase the settlement amount significantly for a variety of reasons. Foremost, many insurance companies are tricky in the way they handle claims and “claimants” (i.e. you) and often get you to agree to a settlement that is much less than what your claim may be worth.

Second, insurance companies are much more motivated to provide fair value for your claim if litigation from an attorney appears to be a real threat. In other words, insurance companies know they will be obligated to pay legal fees if they shortchange your claim when an experienced personal injury attorney is involved.

And finally, an experienced lawyer can often reduce medical provider liens filed and negotiate down health insurance expenses — both of which you must pay out of your final final settlement. These savings very often pay for the attorney’s fees and then some; leaving more money in your pocket and less headache throughout the process.

The goal at Moore Law is that you receive more money in your pocket with our help than you would have received without it!

Myth #2: I can just get an attorney later if I need to go to trial.

While you certainly can obtain an attorney prior to litigation, your case will be much better prepared to go to court (and win) if you initiate your case with legal representation. Many of the missteps that occur during DIY methods significantly decrease the amount recoverable in a trial. Most of these missteps occur during the first few months after an accident.

Clients giving a recorded statement to an insurance company, for example, is an often agreed to request by the unknowing DIYer that can easily undermine a favorable judgment in court. Insurance companies are smart and spend a lot of time and resources crafting questions to ask you in recorded statements. If it weren’t beneficial for them, they would not waste their time obtaining your recorded statement in the first place.

This recorded statement often rears its head in litigation to argue against you. Things that you say a week after the accident (“I feel okay right now.”) can be used to demonstrate that you should not require medical treatment later since you were “okay” one week after the accident.

A good personal injury attorney will take are of the administrative headaches associated with an injury claim, decrease the amount taken by third parties, and ultimately increase the amount of money recovered by their client.

Myth #3: The insurance company seems to be working with me fine; what’s the big deal?

Not all insurance companies are trying to take money from you. Then again, they are not your friend either. Rest assured that your interests are NOT their interests.

Most adjusters are friendly personalities that are easy to talk to — at least initially. They prefer to act quickly, catching claimants unprepared and guiding you away from hiring an attorney. (They know that hiring an attorney means you will get a better settlement.) They may offer a quick, small payment right up front hoping you will agree to it and simultaneously releasing them from any further liability (i.e. paying you any more!).

Additionally, they may casually request a recorded statement like it is standard procedure. The truth is that you are not required to give a recorded statement and they are really hoping to glean something from the recording that will lessen or cancel their liability.

These and many other sneaky tactics are the reason you need a knowledgeable attorney with experience to help you maneuver this process and communicate directly with the insurance on your behalf. Otherwise you will easily allow them to pay you less and save their company money.

As the famous basketball saying goes: “The best defense is a good offense.” A good attorney can act as that offense and help you negotiate for your best interests.

If you or someone you care about has been involved in an accident, feel free to contact Moore Law for a free case evaluation.