Should I take the insurance settlement or hire a personal injury attorney?

Getting injured may be one of the most distressing things that can every happen to you.  No matter how severe the injury is, there is always some sort of negative effect and when the injury is really serious it can mean financial disaster for many people.  Getting injured is bad enough on its own, but is even worse when you are not able to work or provide for your family and the injury wasn't even your fault.  There are many circumstances under which people may choose to hire a personal injury attorney when they have been injured by the negligence of someone else.  When some people are injured, the offending party's insurance company will offer money to cover the mistakes that were made and the harm done by the insured.  But what should you do?  Here is some information to help you decide if you should take the insurance settlement offered to you or hire a personal injury attorney to get more money for your pain and suffering.  

There are many personal injury cases where you can choose to negotiate the claim directly with the insurance company of the person who injured you.  You may be able to get money from them for the harm that the person they insure did.  But sometimes you won't even be able to find out what insurance company covers the person, and it may be even more difficult to contact them and try to resolve the problem.  It is a little more obvious to identify the insurance company when you are in a car accident because all drivers are required to have insurance and proof that they have it and the information is also put into the police report documenting the accident and what happened.  You should also keep in mind that if you contact the insurance company with the intent to settle the claim on your own, you will be working with an insurance adjuster who is paid by the insurance company to give you the least amount of money possible for the case.  They have people working very hard on their side, you maybe you should too.  An adjuster may also try to get you to agree to things that would hurt a lawsuit or case against them later on.  For example if they offer you money for your car you were driving when the accident happened and you accept the payment, they then take possession of the car and are not required to show it to anyone again for any reason.  This could hurt your case because you may not be able to prove how severe the damage was later on.  

No matter how courteous or friendly the adjuster is for the offending party, their main goal is to pay out as little money as possible to settle the claim.  They want you to take the first offer they make for the settlement and will not really even try to negotiate with you if your demand is unreasonable high and they will think it is just a waste of time.  They will always try and negotiate you down from your original offer for settlement.  It is a better idea to make the adjuster make the first offer and then to negotiate up from that.  The first offer is probably less than half of what the insurance company is actually prepared to pay to settle the case, but don't get greedy and assume that they will double what they offer just because you think it's a great idea.  

Sometimes companies will settle a claim and offer money that they don't even think is warranted just because they want to avoid the bad publicity and time and expense that accompany a lawsuit.  If the insurance company offers to settle and give you money on a case that an attorney has said they won't take, the best strategy may be to just take the money and run.  

In almost all situations when you choose to negotiate with the insurance company yourself, the amount that you get from the claim will be substantially less than you would have if you had hired and attorney or legal help to assist with the process.  The adjuster will always assume that you don't really know what your case is worth even if the insurance company does.  The also know that you probably won't try and get them to double or triple their initial offer and will feel like you did a really good job if you got 15 - 20% more than they offered in the first place.  Most of the time the insurance company pays less than they should and they profit at your expense because of the knowledge of the people they have working for them.  

Some people may also choose to litigate their own claim which is very difficult and complex with all the rules and regulations governing evidence.  Be assured that an insurance company will be hiring a professional to litigate against you and you will almost always be out of your element and realm of expertise.  Even lawyers who know their way around a case and the courtroom will choose to hire an attorney to represent them rather than trying to do it themselves.  A saying goes that the lawyer who chooses to represent himself has a fool for a client indeed.  There are almost no circumstances where is makes sense for you to litigate your own claim.  You would be much better off hiring professional council and working with people who really know what they are doing.  

The truth of the matter is that sometimes you just need someone else to represent you and the best choice for it is an experienced and professional personal injury attorney.  Insurance companies try to settle cases as quickly and cheaply as possible.  This is no secret and they will also readily admit it too.  They don't want to drag a case out and take it to court because it is very costly for them to do so, even if they feel they have a strong case.  The fact of the matter is that insurance companies are focused on dollars and statistics and not on people and feelings.  That is just what they do and how they run things.  Never take the first amount of money that an insurance company offers you.  You shouldn't hire an attorney if you weren't injured and if the case can be settled just by determining the value of the property damage.  

But there are certain situations when you should definitely seek the help of a professional and hire an attorney.  If there is a dispute about who is at fault it is probably a good idea to get someone else on your side, especially if the other person has retained a lawyer.  It is also important to hire a lawyer if you have been injured, whether you think it is serious or not, because injuries can quickly become much worse than originally thought.  You should always get an attorney if you are in an accident with someone who is uninsured or underinsured.  Of course you have to ask yourself if you are going to be better off working with an attorney and also how much money you are really willing to settle for.  

Another thing to keep in mind is that when you hire an attorney you will also have to pay them somehow.  Many law firms have consultations that help determine if you have a good case before they will even decide to work with you or not.  This will help save them time and also save you money if you have a slim chance of winning a case.  Many attorneys also have a policy that if they don't win the case for you that you don't have to pay them anything.  They don't want to commit to a case they aren't sure they could win or would bring them enough money if fees to make it worth the time and trouble to pursue it.  You should expect to pay at least 25% of your final settlement in fees to the attorney if not much more.  But this can still be a good move especially if you are not comfortable negotiating the claim on your own where you would probably receive much less money anyway.  

Of course the final decision is up to you but it is almost always a good idea to hire a personal injury attorney if you are injured in a car accident or sustain some other form of injury at the fault of someone else.  Of course you should weigh your options carefully, but even if you don't decide to work with an attorney and want to do the settlement yourself, it is still a good idea to consult with an attorney to get their opinion and to help you understand what your case is really worth.  You should be prepared to make the decision that is ultimately going to be best for you and your family and that will help you recover and move on after an injury.