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When Is It Best to Retain Counsel?

Dec 08, 2023

Legal counsel is important in personal injury cases. However, not all personal injuries occur under the circumstances needed to file a viable case and therefore, they do not all require the services of a lawyer. When a personal injury lawyer is necessary, it is important to retain counsel as soon as possible to get the compensation you deserve.

Read on to learn when you should call an attorney for help.


When an Injury Was Caused by Someone Else’s Negligence

If you or someone you care about has been harmed by the negligent acts of someone else, contacting an experienced personal injury lawyer is an important step to take. In cases such as these, the negligence exhibited by the person who caused your injury forms the basis of your case to recover valuable compensation.

However, personal injury victims need lawyers to not only build and prove cases of negligence but also to hold insurance companies accountable for delivering proper payments for damages.

Some common personal injury situations when a lawyer should be contacted include:

  • Serious traffic accidents, including car and motorcycle accidents
  • Slip and fall accidents, including all types of premises liability accidents
  • Medical malpractice cases, including misdiagnosis and failure to diagnose
  • Dog bites and attacks
  • Third-party work injuries

Once you meet with an attorney, you will get a good idea as to the value of your claim. You will also learn that as a client, you need not do anything; your attorney handles everything on your behalf.

When a Loved One Passed Away Due to Someone Else’s Negligent Actions

Another time to call a personal injury attorney is after someone’s negligence causes the death of a loved one. When negligence results in a fatality, certain loved ones of the deceased person are typically permitted to seek compensation for their loss through a wrongful death lawsuit.

Wrongful death can occur in most situations where personal injury occurs. For example, car accidents commonly lead to fatalities, as do slip and fall accidents and work injuries. Compensation for a wrongful death can include damages for loss of consortium, loss of income, and the costs of the funeral. 

When You’re Unsure Whether Another Party Could Be at Fault for Your Injuries

Personal injury liability relies on negligence, which can be defined as acts or omissions that are below accepted standards of care. For example, the various standards of care that car drivers must follow are contained in the state’s traffic laws. Violating any of these regulations could lead to an allegation of negligence.

However, many personal injury cases are not so cut and dried with regards to fault or may not appear to be to the layperson. To the trained legal eye, however, issues of fault and negligence are easily identified and sorted through.

If you have a case where the issue of fault is not so clear to you, don’t hesitate to schedule a free consultation with an experienced personal injury attorney. During the meeting, the attorney will review your case and quickly inform you of the issues of liability.

Can I Handle My Personal Injury Claim Without a Lawyer?

After an accident, you are strongly recommended to consult with a personal injury attorney rather than handle matters yourself. Without a lawyer fighting for you, you are likely to receive far less compensation than if you hired an attorney. Insurance companies handling claimants without lawyers routinely pay them much less than claimants with lawyers.

How Long Do I Have to File a Personal Injury Claim?

Statutes of limitations establish time limits for legal actions. For personal injury cases in Wyoming, the victim has a total of four years from the date of the personal injury to take action. Four years is one of the longest periods of time for a statute of limitation anywhere in the country.

However, for personal injury claims arising out of medical malpractice, the statute of limitations is shortened to two years. For personal injury claims against government agencies and actors, the victim or their family must inform the government agency of the intent to sue within two years of the injurious incident.

How Much Do Personal Injury Lawyers Charge?

When you have retained counsel, you typically don’t pay a retainer fee for the attorney to start on your case. This means that clients are not responsible for coming up with a legal retainer.

Once the personal injury lawyer has recovered compensation, they will take their fee and their costs from the payout, which either comes as a settlement offer or a verdict.  Most personal injury lawyers working on a contingency fee charge between 33% and 45% of a recovery after your case is won.

Will My Case Go to Court?

Probably not. Most personal injury cases are settled before needing to go to court. That said, some personal injury cases need a judge and jury to decide the issues. Typically, a trial will be required when one of the parties refuses to agree to settlement terms.

It is important to note that many personal injury cases go through alternative processes, such as arbitration. Although different than court, successful arbitration still requires the services of a skilled attorney.

Meet With a Personal Injury Lawyer Today!

If you or someone you love has been injured by the negligence or unlawful act of another, don’t delay in reaching out to an experienced personal injury lawyer at the Spence Law Firm.

Our initial consultations are free, meaning you lose nothing by scheduling a meeting but gain pertinent information on your options for getting justice through compensation. Call today!

Schedule a free consultation with The Spence Law Firm, LLC

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.