Posted on: 10 January 2017
A personal injury claim is sometimes the best way to receive compensation for pain and/or loss of income caused by someone else's actions. Unfortunately, this doesn't mean that personal injury claims are easy. The service of a personal injury attorney can be invaluable to guide you through your case and help you receive the compensation you deserve. Here are three situations where you should always hire a personal injury attorney.
One of the first things you should consider when deciding whether or not to hire an attorney is the severity of the injuries you received. If you are demanding compensation for minor injuries totaling less than one to two thousand dollars, it is often possible to find success without an attorney. Insurance companies will not put up as much resistance for small sums such as these.
If your injuries are severe enough to cause chronic pain or prevent you from working for an extended period of time, an attorney will almost always be necessary for a successful claim. This is especially true if you are seeking tens or hundreds of thousands of dollars in compensation. In addition to helping you collect documentation and evidence, a personal injury attorney can help you determine exactly how much your claim is worth.
Many companies have workers' compensation programs that cover almost any injury that could occur under normal circumstances on the job. While this is a benefit in most cases, it can make it difficult to determine how to proceed in the event that filing a personal injury claim is the best choice for your injury. Injuries that are caused by your employer's intentional misconduct are one of the most common examples where a personal injury claim is the best option.
While you may expect to file a claim against your employer for most injuries, some cases may require an alternative route. For example, if you are injured by a defective product while on the job, you will usually need to file a claim against the manufacturer of the product. You may also be able to file against a product manufacturer if they do not provide proper instructions to your employer about safe handling and storage of a product or substance. A personal injury attorney can provide guidance about the correct party to file your claim against for any workplace injury case.
Medical malpractice suits are one of the most complex types of personal injury claims. State legislation regarding medical malpractice is strict and can vary from state to state. For example, many states require that you notify the medical professional before you can file your claim. A personal injury attorney can help you make sure that your claim is on solid legal ground and help you prove that the physician was at fault.
The most common defense that the physician's attorney will make is that the physician was not directly responsible for your pain and suffering. Without an attorney on your side, it will be difficult to prove that the physician committed a breach of duty. Your attorney can help to draw a direct link between the physician's actions, or lack of action, and your suffering. Common angles that your attorney may take are that the physician made a mistake during surgery, misdiagnosed your illness or injury, or failed to warn you about the side effects of a treatment or medication.
If you ever need to file a personal injury claim, you will likely be dealing with significant pain and stress over lost income in addition to the stress of collecting proper documentation and winning your case. A personal injury attorney from a firm like Trump & Trump can provide guidance that will make your claim as stress-free as possible so you can focus on recovery and maximize your chances of receiving compensation.Share