Here's a wild and crazy thought - - maybe you don't need a personal injury attorney. It depends. You need to know something. If you only have a few thousand dollars in medical treatment and you have fully recovered from your injuries, your case just doesn't have a lot of value in this day and age.
These are called "soft-tissue" cases. Or sore neck or sore back cases. Juries don't award a whole lot of money in these sore neck cases. The tort reform public relations campaign waged by the insurance companies have shut these cases down.
In some instances, you are better off either trying to negotiate the settlement yourself, or going to small claims court. So, you sue for your injuries only. For example, in California there is a $7,500 cap on the money you can be awarded in small claims court. In small claims court, it's all about documentation. Put together an organized presentation. A three ring binder notebook, with tabs is all you really need.
Bring evidence like:
- Witnesses
- Photos of the car damage
- Auto repair bills or estimates
- Receipts
- Medical reports
- Medical bills
- Police report
- Other relevant documents that support your side.
That being said, many people either can not or will not be able to put together a small claims court presentation. If that is the case, there are lawyers that do handle these smaller cases.
Another instance where you may not need a lawyer is when you have much more damages than the responsible person/ party has insurance. For example, if you have $50,000 - $100,000 in medical bills and the person responsible for your injuries has a 15/30 liability limits. Meaning, there is $15,000 in insurance for your injuries. In this case, the insurance company may pay the policy limits without you hiring a lawyer. Assuming you don't have adequate uninsured motorist insurance/ umbrella insurance and the responsible party really doesn't have more insurance coverage and/or assets to pay for your damages; then you may not need a personal injury lawyer. Maybe. The insurance company may still dispute liability or refuse to offer a fair settlement. It happens all the time.
Let's make sure we are all on the same page here. You may be able to settle your case without a lawyer. Occasionally some folks may be able to settle their case for 66% of what they could have received if they hired a lawyer. I'm sure it happens. My take is that is does happen. However, the percentages are much higher for you getting more money if you hired a good honest personal injury attorney. The more injured you are the more likely that the insurance company will not pay you fair compensation without a good lawyer.
Here is the bottom line. If you are seriously injured due to someone else's negligence - you need a good honest trial lawyer.
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Bill Turley is a San Diego personal injury attorney. Bill was elected President of Consumer Attorneys of San Diego and was chosen a 2010 Top 10 Personal Injury Lawyer in San Diego. Bill has the most comprehensive injury website in California.
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