If I Hire a Personal Injury Attorney, Do I Have to Sue?
Many people would rather avoid a lawsuit if possible after an accident, even people who need help paying medical bills as they undergo treatment for their injuries.
Did you know that hiring a South Florida personal injury attorney can help you pursue an appropriate settlement for any insurance claims you file without suing someone or going to court? Your attorney can take steps to represent your interests with the insurance companies out of court.
What an Attorney Can Do Before a Lawsuit
Having an experienced personal injury lawyer on your side is essential from the first step of filing your insurance claim. Insurance companies often look for reasons to devalue claims and try to make offers that fall below the true value of your injuries and expenses.
Your attorney can write a demand letter highlighting the strengths of your case in a way that is user-friendly to the insurance carrier (the entity paying for your damage).
For example, a demand letter may include:
- Background Information;
- Facts and Liability;
- Medical Treatment (with a timeline);
- Prior Treatment if any;
- Estimated Future treament;
- Economic Damages, including lost wages; and
- Non-Economic Damages.
Should You Accept an Offer to Settle from an Insurance Company?
One of the first steps an attorney will handle is determining what personal injury cases are worth for their clients to seek a fair settlement. Sometimes, a client has very few injuries but may have property damage, like a totaled car that needs replacement. Other times, the victim has severe injuries that lead to time off from work, diminished earning capacity, and chronic pain.
A knowledgeable Florida personal injury attorney can help you calculate fair compensation for your injuries so you know whether an offer from the insurance company is high enough. Factors that your attorney will consider when calculating your claim value could include:
- Medical bills
- Lost wages
- Ongoing rehabilitation or physical therapies
- Future medical costs
- Diminished earning capacity
- Cost of household maintenance
If the insurance company fails to make an offer that meets your needs, you can then file a lawsuit against the negligent party who caused your injuries.
Proving Negligence if You Do File a Lawsuit
Personal injury cases rely on you (the plaintiff) being able to prove negligence by the at-fault driver (the defendant) “with a preponderance of the evidence.” Your attorney will need to prove the four parts of negligence, including:
- That the defendant owed a duty of care
- That the defendant failed to uphold or intentionally breached their duty of care
- That you suffered injuries and losses due to the accident
- That the defendant’s actions or inaction directly caused the accident that led to your injuries
Personal injury cases are often a lengthy process, and many settle before the case even goes to trial. Pre-trial stages include a period of “discovery” where your attorney and opposing counsel will request evidence held by the other party. If the opposing counsel finds that your attorney has strong evidence for your claim, the insurance company will often make a fair offer to settle before your case goes to trial.
Contact an Experienced South Florida Personal Injury Attorney
Managing your own insurance claim can lead to an extended battle with the insurance companies when seeking fair compensation for your injuries. A South Florida personal injury attorney at Lyons & Snyder can help. Call us at 954-833-1178 or contact us online to schedule a free consultation at one of our offices in Plantation, Delray Beach, or the Florida Keys.
