QUESTION
Should I contact an attorney regarding personal injury and comparative negligence or just resolve it between the insurance company and myself?
Asked on Jan 01st, 2013 on Personal Injury - Florida
More details to this question:
While standing in front of my car that was being lowered and talking with the mechanic, another mechanic operating the hydraulic car lift had lowered it onto my foot. The injury resulted in my foot being fractured. The insurance company investigated the incident and determined that it was the result of an accident. They mentioned that they would compensate me for any medical and any lost wages.
19 ANSWERS
If you believe the insurance company is making you a fair offer you can handle it yourself. If you feel they are not making a fair offer you can then hire an attorney to take over. However, if you make a statement or make statements to them, that might play against you if done without the advice of counsel. Believe it or not, even in civil matters, everything you say can and will be used against you in attempting to settle your claim.
Answered on Jan 13th, 2013 at 7:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are entitled to something for pain and suffering and something for permanency if the doctor says there is any permanent damage (broken bones are not like new bones. A broken bone has some residual damage even if small) you have a small claim but you will likely need the help of a lawyer. the insurance adjuster will take advantage of you if he(she) can. that is what they do.
Answered on Jan 07th, 2013 at 4:41 PM
As a personal injury attorney, I believe that I can virtually always get more for my clients - even after fees - than they can for themselves. It's up to you.
Answered on Jan 07th, 2013 at 4:41 PM
Thomas Edward Gates
Contact an attorney. The defense of "comparative negligence" can be confusing, since the defendant is saying, but for your negligence the accident would not have happen. Proving this will reduce the amount due you.
Answered on Jan 07th, 2013 at 4:41 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's almost always best to retain a lawyer. He or she may find kinds of compensate damage of which you may not be aware.
Answered on Jan 07th, 2013 at 4:40 PM
You should hire an attorney, they were negligent and they owe you compensation for your injuries, including pain and suffering, as well as your medical expenses and wage loss.
Answered on Jan 07th, 2013 at 4:40 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If your injury is not permanent, there is no harm in trying to settle it yourself. After getting an offer, if you feel it is unfair, then you could retain an attorney.
Answered on Jan 07th, 2013 at 4:40 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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I suggest you retain an attorney to discuss the facts of this case and to ensure the best possible outcome.
Answered on Jan 07th, 2013 at 4:39 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Hire an attorney.
Answered on Jan 07th, 2013 at 4:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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More than likely you can handle it yourself. Just make sure that your foot is entirely healed and there are no lingering issues. You may also ask the insurance company to throw in an extra $1000 or two for pain and suffering because you would hate to take this to an attorney.
Answered on Jan 07th, 2013 at 4:38 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You most definitely should contact a personal injury lawyer in your area. Here's why: The old saying is: "He who acts as his own lawyer has a fool for a client". The reason for that saying is that this is a tricky business and there is no room for do-it-yourselfers. You would be up against professional insurance people, lawyers who know what they're doing and rules upon rules upon rules that you don't know anything about. Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. Specifically, you mentioned comparitive negligence. That is an issue that requires particular skill and experience in managing. Look at it this way: If I have negotiated hundreds of personal injury claims over the last three decades, and you've never negotiated one, which one of us do you think would be able to do a better job? If you retain a lawyer you will be much more likely to get the right result.
Answered on Jan 07th, 2013 at 4:37 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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I'm so sorry to hear about your injury. I am a firm believer and, many attorneys will agree with me on this that you should always have an attorney on your side when dealing with insurance companies (and their adjusters). It is amazing how differently they handle claims when dealing with an attorney, as opposed to an individual with no knowledge of their legal rights.
Answered on Jan 07th, 2013 at 4:35 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You should talk to an attorney. They need to compensate you for more than just medical and lost wages. Like the commercial says, you wouldn't let you doctor do your taxes or vice versa. Get an attorney to do this for you. If the insurance company makes you an offer before you hire the attorney, ask the attorney not to take a fee on that amount as you secured it without their help.
Answered on Jan 07th, 2013 at 4:35 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If they are paying your medical expense now, not later, then probably not. If the foot is permanently lamed out, then yes, sooner would be better. You also may need a private detective to video the lift in operation.
Answered on Jan 07th, 2013 at 4:34 PM
Ronald A. Steinberg
It's your call. If you were standing I'm a place of some risk, and were not paying attention, you will probably screw up your case as well.
Answered on Jan 07th, 2013 at 4:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your question depends upon the reasonableness of the offer and whether or not there is going to be a permanent injury or damage to you which is being adequately compensated for.
Answered on Jan 07th, 2013 at 4:34 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Contact an attorney. It's a near certainty that you'll get significantly less if you represent yourself.
Answered on Jan 07th, 2013 at 4:33 PM
This question is not easily answered partly because I've not had the benefit of knowing the doctor's opinion on future medical, antalgic gait and to ask further questions concerning low back pain. If the injury is completely resolved and you don't care about being compensated for pain and suffering then settle, but if not or if you are walking "funny", have a change in gait or are developing low back pain as a result, then you need to slow down, hire a lawyer and handle the settlement with a lawyer. If you don't know what "antalgic gait" is look it up on Wikipedia or in the online free medical dictionary.
Answered on Jan 07th, 2013 at 4:33 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Your car insurance (Personal Injury Protection) should pay for your medical bills and lost wages). If the mechanic was negligent, their insurance should pay for any out of pocket medical bills and lost wages your insurance doesn't cover, plus non-economic damages (pain and suffering, loss of enjoyment of life, mental anguish, loss of earning capacity). You have one chance to recover all damages for the rest of your life. Without an attorney, you will not get anywhere near full compensation.
Answered on Jan 07th, 2013 at 11:55 AM