Ask the
Experts - "Expert advice from local professionals"
Do I need a lawyer to represent me on a personal injury
claim?
Even an individual who is knowledgeable about
insurance claims should seek the advice of an attorney.
Many law firms, including Anderson & Hart, P.A., offer
free initial consultations. You can only benefit by having
an experienced attorney evaluate your claim, discuss what
you can expect and outline the options available to you.
If you are not familiar with insurance claims and have
been seriously injured, hiring an attorney is probably
necessary to prove your claim, value your damages and
negotiate a settlement with the negligent party’s
insurance company. Statistics show that an injured person
represented by a lawyer is more likely to recover more
in damages than an individual who represents him or herself.
If I hire a lawyer, do I need
a lawyer whose practice involves more than personal injury
law?
Many individuals injured as a result of someone’s
negligence or recklessness also have disability and/or
workers’ compensation claims. If the law firm you
hire to represent you on a personal injury claim does
not practice disability or workers’ compensation
law, you may need to consult with and hire one or two
additional law firms to handle these related claims. Hiring
a law firm with the ability and experience to handle all
of the potential claims, such as Anderson & Hart,
P.A., allows the claims to be handled in a coordinated
fashion. You must be careful in hiring multiple law firms
that they are capable and willing to coordinate the handling
of multiple related claims.
Don’t workers’
compensation laws protect me?
Most individuals injured on the job believe that
workers’ compensation laws are intended to protect
them from losses they suffer as a consequence of their
work-related injuries. It is only after they are injured
that they come to realize that workers’ compensation
laws are designed to protect employers and insurance companies
without regard to the actual losses an injured worker
may experience. An injured worker cannot recover the full
amount of his lost wages, cannot select his medical providers
and cannot recover anything for the pain and suffering
associated with being injured on the job.
Why would I hire a lawyer on
my workers’ compensation claim?
It is virtually impossible for any individual
without experience in the workers’ compensation
legal arena to litigate a claim to recover lost wages
or to obtain necessary medical care. Insurance companies
have an injured worker who is not represented by a lawyer
at a distinct disadvantage. Insurance companies know the
law. Injured workers do not. Insurance companies know
the values of claims. Injured workers do not. The advice
of a lawyer experienced on a workers’ compensation
claim can be invaluable in obtaining benefits and in achieving
a fair settlement of the claim.
How do I pay a personal injury
or workers’ compensation lawyer?
Most personal injuries law firms, including Anderson
& Hart, P.A., represent individuals on personal injury
and wrongful death claims on a contingency basis. This
means the client is not charged a fee unless a recovery
is made. Some law firms, again including Anderson &
Hart, P.A., extend this contingency principle to litigation
costs and expenses. The law firm bears the expense of
litigation and trial costs unless a recovery is made.
Most workers’ compensation lawyers
represent individuals on workers’ compensation claims
in one of two ways. Some law firms, including Anderson
& Hart, P.A., do not seek fees from their clients.
These law firms look to the insurance company to pay any
fees due based on what amounts to the insurance company’s
bad faith denial of benefits. Other law firms seek their
fees as a percentage of the benefits they obtain for the
client. It is important to understand just how fees will
be payable to the lawyer you consider hiring.
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