Here are 10 lesser-known facts people should consider before hiring a personal injury attorney:
- Not All Cases Go to Trial- Most personal injury lawsuits are settled out of court. In fact, only a small percentage of cases ever see a courtroom, meaning you’ll often be negotiating with insurance companies rather than arguing before a judge.
- Contingency Fees Are Common- Many personal injury attorneys work on a contingency fee basis, meaning you don’t pay upfront. Instead, the attorney’s fees are deducted from the final settlement or judgment, typically around 33%-40%.
- Experience in Similar Cases Matters- Not all personal injury attorneys specialize in the same types of injuries. You should seek an attorney with experience in cases similar to yours, whether it’s a car accident, medical malpractice, or workplace injury.
- Statute of Limitations- There’s a time limit for filing personal injury lawsuits, known as the statute of limitations. This varies by state and type of case but generally ranges from 1 to 3 years. Failing to file within this window can result in losing your right to compensation.
- Investigations Can Be Lengthy- Gathering evidence for a personal injury case, including medical records, witness statements, and expert testimony, can take a long time. Patience is essential as building a solid case is a time-consuming process.
- You May Have to Repay Medical Bills- Even if you win a settlement, you might need to repay any medical bills that were covered by your health insurance or other sources, through a process called subrogation.
- Not All Injuries Are Visible Immediately- Some injuries, like whiplash or psychological trauma, may not show symptoms right away. It’s crucial to seek medical attention immediately after an accident, both for your health and to document injuries for legal purposes.
- Multiple Parties Can Be Held Liable- In some cases, more than one party can be held responsible for an injury. For example, in a car accident, a third-party driver, vehicle manufacturer, or government entity (due to road conditions) could be liable.
- Insurance Companies Aren’t Your Friend- Insurance companies often aim to minimize payouts, even if it means offering you a settlement that’s less than you deserve. Having an experienced attorney can help counter lowball offers and ensure you get fair compensation.
- Documentation Is Crucial- Detailed records—such as medical reports, photos of injuries, accident scene details, and witness contacts—are essential to strengthening your case. The more documentation you provide your attorney, the better equipped they’ll be to build a compelling case.
Understanding these facts can help you make an informed decision before hiring an attorney and embarking on a personal injury claim.