Posted On October 14, 2024 Personal Injury,Riverside,Upland
If you’ve been injured in an accident, you may think handling the claim yourself will save you money. While it might seem like avoiding attorney fees is a way to keep more of your settlement, this decision can actually cost you far more than you realize. Personal injury law, particularly in California, is complex, and insurance companies are not working in your best interest. Without the proper legal expertise, you could miss out on significant compensation.
In this article, I’ll explain why not hiring a personal injury attorney after an accident is often the biggest financial mistake people make—and how an experienced lawyer can help you maximize your claim.
California’s personal injury laws are nuanced and can vary depending on the type of accident, the location, and the individuals involved. These laws include strict statutes of limitations, comparative negligence rules, and a complex interplay of state and federal regulations. Attempting to navigate these laws on your own is like trying to diagnose a medical condition without any medical training—it’s not just difficult, it can be disastrous.
For example, California follows a comparative negligence rule, meaning if you are partially at fault for your accident, your compensation will be reduced by the percentage of your fault. If you’re found to be 20% responsible, your settlement will be reduced by 20%. An attorney can help argue and minimize the percentage of fault assigned to you, ensuring you don’t unfairly lose out on compensation.
The multiple layers of insurance contracts that apply to auto accidents are highly complex, involving different policies, coverage limits, and legal requirements. These contracts can include liability insurance, uninsured or underinsured motorist coverage, medical payments, and even personal injury protection, each with its own set of conditions and exclusions. For a layperson, trying to navigate these overlapping and often confusing policies can lead to costly mistakes, such as accepting a low settlement, misunderstanding policy limits, missing critical deadlines, or waiving claims. Without a thorough understanding of insurance law and negotiation tactics, individuals risk losing out on compensation they deserve, paying out of pocket for medical bills or repairs, or even facing legal liabilities. Consulting an experienced attorney ensures that you maximize your compensation, avoid pitfalls, and handle the complexities of the claims process effectively, ultimately saving you time, stress, and money.
Experienced personal injury attorneys spend years studying these laws and understanding their applications in real-life cases. More importantly, they stay updated on any changes in the law and the dynamic insurance contracts. Without the guidance of a lawyer, you could make a costly mistake, like misinterpreting California’s statute of limitations or failing to file a claim against the right party.
Insurance companies are businesses, and their primary goal is to protect their bottom line—not to ensure you get fair compensation. If you try to handle your claim alone, an insurance adjuster may offer a settlement that seems reasonable at first glance, but in reality, is far below what you deserve.
A personal injury attorney will know how to calculate the true value of your claim. They understand how to factor in not only the obvious costs, like medical bills and lost wages, but also less apparent expenses such as future medical care, emotional distress, and long-term rehabilitation. Awards for pain and suffering are usually only properly demanded by someone who has years of experience in evaluating these claims.
Unrepresented accident victims may overvalue their claims, basing their expectations on subjective opinions rather than objective medical records and documentation. This can lead to unrealistic demands, delays in settlements, and ultimately, lower compensation than expected. A skilled personal injury attorney ensures that your claim is aligned with supporting evidence, such as medical records, expert evaluations, and accident reports, helping you achieve your goals while maintaining realistic expectations. By properly valuing your claim, an attorney can maximize your chances of receiving fair compensation.
Insurance companies have teams of lawyers and adjusters trained to minimize payouts. When you negotiate on your own, you’re facing a huge power imbalance. Without legal representation, you lack the leverage to push back effectively, and the insurance company knows this.
They may try tactics such as:
An experienced personal injury attorney has seen all of these tactics before. They know how to negotiate with insurance companies from a position of strength. They’ll push back on low offers, handle all communications, and ensure you get the compensation you deserve. In fact, a study by the Insurance Research Council found that people who hired attorneys received settlements that were, on average, 3.5 times higher than those who didn’t, which many cases much, much higher.
In California, you generally have two years from the date of an accident to file a personal injury lawsuit. However, if your injury involves a government entity, such as a public transportation accident or an injury on public property, you have only six months to file a claim. Many people are unaware of these shortened deadlines and miss their chance to recover any compensation.
If you miss the statute of limitations, your right to file a lawsuit is gone. There are few exceptions, and you will not be able to seek compensation for your injuries. Hiring an attorney ensures that all critical deadlines are met, and your case is handled within the appropriate legal timeframe.
Without a lawyer, many individuals make simple yet costly mistakes that can jeopardize their entire claim. Some of the most common mistakes include:
A personal injury attorney takes over all communications with the insurance company, gathers the necessary evidence, and advises you on every step of the process. This expertise helps you avoid the common pitfalls that could ruin your chances of getting fair compensation.
One of the main reasons people avoid hiring a lawyer is the fear of high legal fees. However, most personal injury attorneys in California, including my firm, work on a contingency fee basis. This means you don’t pay anything upfront, and the attorney only gets paid if they win your case. We believe that the contingency model is a citizen’s greatest access to justice in America.
Under the contingency fee model, the attorney’s payment is a percentage of your settlement, typically 33%. While this might sound high, remember that an attorney will likely secure a much larger settlement than you could on your own. Even after paying the attorney’s fee, you’ll likely walk away with far more money than if you handled the claim yourself. Plus, you’re not taking on any financial risk, since you don’t pay unless you win. The contingency model is truly a win for all parties—except for the insurance companies.
Handling a personal injury claim on your own might seem like a good way to save money, but in reality, it can cost you far more in the long run. From undervaluing your claim to missing critical deadlines, the financial risks of not hiring an attorney are substantial. In California, where personal injury laws are complex, and insurance companies are aggressive, having legal representation ensures that your rights are protected and that you receive the full compensation you deserve.
Don’t leave money on the table. If you’ve been injured, schedule a free consultation with an experienced personal injury attorney today to discuss your case. With the right lawyer by your side, you can focus on recovery while knowing your financial future is in good hands.
“Disclaimer:
The content provided on this blog is for general informational purposes only and does not constitute formal legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees. The information provided here should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.
Your use of this blog and any information contained herein does not create an attorney-client relationship between you and our firm. For advice regarding your individual situation, please contact our office as we would be happy to discuss your case. We expressly disclaim all liability with respect to actions taken or not taken based on any or all the contents of this blog.”
© 2022 MONTGOMERY STEELE LAW | ALL RIGHTS RESERVED | disclaimer
