Can I Handle a Personal Injury Claim on My Own?

After being injured in an accident, you may recognize that you have a legal claim and the right to compensation. Yet knowing this and moving forward with a personal injury claim are two different things. The need to take care of your medical bills and everyday expenses as soon as possible begs the question of whether you can handle a personal injury claim on your own or whether you would benefit from hiring an attorney. Few accidents are simple enough to handle without objective legal advice. Most situations call for legal guidance and representation, which the personal injury attorneys of Studinski Law, LLC are here to provide. Call us today at (715) 343-2850 to find out how we can help you.

Before you decide to move forward with a personal injury insurance claim or lawsuit on your own, consider the following questions:

• Are you confident about the cause of the accident?
  The accident that caused your injuries may be straightforward, such as if you were hit by a drunk driver. However, you may not know why an accident occurred. You will need to thoroughly investigate what happened and who is at fault. This question must often be answered by an expert who has knowledge about the causes of accidents.
• Are you confident about who is liable for your injuries?
  Sometimes the individual who was negligent is also the person legally liable for compensating you. However, this is not always true. If a commercial driver crashed into you, you may need to file a claim against that driver’s employer, not the individual driver’s insurance. Also, if a driver hit you while in another person’s vehicle, you might have to file a claim against the vehicle owner’s insurance. There are many scenarios in which the liable party is not immediately obvious.
• Do you know how to calculate your damages?
  After a serious accident, you have the right to pursue compensation for your economic and non-economic damages, including your medical expenses, lost wages, reduced earning capacity, pain and suffering, and more. When you file an insurance claim or personal injury suit, you need to know the damages relevant to your case and how much each type is worth.
• Do you fully understand your rights in regard to an insurance claim?
  Dealing with an insurance company on a third-party claim can be difficult. The company will do its best to look out for its own insured and its own bottom line. This can lead it to treat you unfairly, deny a rightful claim, or give you a low-ball settlement offer. If you unsure of your rights in regard to an insurance claim, you may not be able to stop the insurer from taking advantage of you.
• Would you be able to recognize bad faith insurance practices?
  There are times when an insurance company’s actions go beyond unfair and become unlawful. If you are handling a personal injury claim, you need to understand Wisconsin law regarding insurance bad faith and your rights if you are treated improperly.
• Are you prepared to negotiate a settlement with an insurer’s adjuster or attorney?
  Once you get through the insurance claims process and your claim is approved, next comes negotiating the settlement. Insurers will often start with law offers and it is up to you to fight for a greater amount of recovery.
• Do you know when you should file a personal injury lawsuit?
  In some situations, you should wait to file a personal injury suit when a settlement is not possible or unlikely. However, there are times when you should file sooner to be able to take advantage of the discovery process. You may need discovery to more thoroughly investigate your claim and push for a settlement.
• Are you confident in your ability to represent yourself before a judge and jury?
  You will also need to prepare for the procedures and customs related to status hearings, motions, and trial so that you follow the rules of the local court and specific judge.
• Do you understand how to utilize discovery?
  Once of the longest phases of a lawsuit is discovery. This is how and when you and the other side exchange information. You can ask the parties you named as defendants to answer questions and to provide documentation. Utilizing this process is crucial to gaining the evidence you need to prove negligence at trial.
• Do you know how to prove each element of a personal injury claim in court?
  Legal causes of action almost always break down into elements. For a personal injury claim, you will need to prove that the individual or business you named as a defendant was negligent, that this negligence was a cause of the accident, and this resulted in your injuries. You will also need to demonstrate the type and extent of your injuries. Without thoroughly proving each element, you may not receive a judgment in your favor or in the amount you were hoping for.

Our Personal Injury Lawyers Are Here to Help

Hiring an attorney after being hurt in an accident can be intimidating. You may wonder if you really need a lawyer, or you might be concerned about the cost. However, by working with a skilled and experienced personal injury lawyer, you increase the chance of a positive outcome in your case and of obtaining the maximum compensation possible for your injuries. A personal injury attorney protects your rights and interests at all times and tenaciously fights for you.

Call Studinski Law, LLC at (715) 343-2850 to discuss how we can help you during your personal injury claim.