Are Personal Injury Lawyers Worth Your Time and Money?

Insurance adjusters, your friends, and other parties might tell you that hiring a personal injury lawyer is not worth the time and money. They may argue you can do the same thing an injury lawyer can do and save money. However, that is not always the case.

Straightforward, minor personal injury cases that do not involve severe injuries or disputes about liability might not require hiring a personal injury lawyer. However, talking with an attorney before deciding to handle your injury case alone is worth your time.

You will waive your right to file a lawsuit or seek other compensation if you accept a settlement. Therefore, it is in your best interest to have legal counsel to ensure the settlement amount represents the full value of your injury claim.

Reasons Why Personal Injury Lawyers Are Worth Your Time and Money

Before you decide whether to handle your personal injury claim without an attorney, consider these five reasons why personal injury attorneys are worth the time and money:

Maximize Personal Injury Settlements

Damages in a personal injury case represent the financial losses, injuries, and other harm caused by another party. You must prove that you incurred the damages and how much the damages are worth.

The insurance company will not tell you the full value of your damages or if you ask for a settlement amount less than the damages are worth. The company will undervalue damages to avoid paying large claims.

Studies have shown that victims receive more money when they hire personal injury lawyers. Experienced attorneys understand how to value economic and non-economic damages. They know what damages you are entitled to and how to prove them in your case.

Proving Elements of a Personal Injury Claim

You have the burden of proving the legal elements required to establish liability. Liability is the legal responsibility for damages. Most personal injury claims are based on negligence, but your case could involve vicarious liability, intentional torts, product liability, or other grounds for an injury case.

A personal injury attorney understands the law. They know what you must prove and the evidence necessary to establish liability.

Even the Playing Field With the Insurance Company

The insurance company has unlimited resources to fight your claim. They have teams of insurance adjusters, lawyers, investigators, experts, and other professionals. Hiring a personal injury lawyer evens the playing field.

Your attorney has the skills and resources to investigate your claim. They can gather and preserve evidence. When necessary, lawyers hire experts to strengthen the evidence in a case. Without an attorney, you may not have the time or money to obtain evidence proving your case. You also may not understand the law that applies to your case.

Defend Against Allegations of Comparative Fault

Comparative fault is the legal theory that a victim should not receive damages if they are partially to blame for causing their injuries. State laws vary, but most states do not bar damages unless a victim is 50 or 51% to blame for their accident.

For example, Illinois’s modified comparative negligence law bars damages if you are 51% or more at fault for causing your injuries. If you are less than 51% to blame, the court will reduce your damages by your level of fault. Juries decide matters related to comparative negligence.

The insurance company may accuse you of contributory fault to avoid liability for the claim or reduce how much your claim is worth. Insurance adjusters are skillful and trained to talk to victims. If they can get you to say anything that could be construed as admitting fault, the company uses that against you.

Your attorney can handle all communication with the insurance company and defend you against allegations of fault.

Filing Litigation to Pursue Your Claim

When an insurance company denies your claim or refuses to negotiate a fair settlement, your only option may be to file a personal injury lawsuit. The statute of limitations restricts the time to file a lawsuit.

Most attorneys treat cases as if they are preparing for trial, even though most claims are settled. If settlement negotiations fail, you are ready to proceed with a lawsuit.

Do You Need to Hire a Personal Injury Lawyer?

You can learn about your legal options and determine your case’s best course of action during a free consultation with a lawyer. Get help with a personal injury case to protect your right to a fair and just settlement. 

Is It Possible To File a Claim Without A Police Report?

Is It Possible To File a Claim Without A Police Report?

There is no legal requirement to have a police report to file a car accident claim in South Carolina. However, a police report can make the insurance claims process quicker and easier.

A police report indicates that you were involved in a car accident and provides essential information relevant to your claim. It is typically the safest choice to report all traffic accidents to the police. Consulting a car accident lawyer can also help you navigate the claims process, ensuring your rights are protected and maximizing the compensation you may be entitled to receive.

When Am I Required to File a Report for a Car Accident in Columbia, SC?

South Carolina Code of Laws §56-5-1260 states that the driver of a vehicle involved in a car accident must immediately report the accident to the police if the accident caused bodily injury or death. The operator will then dispatch law enforcement officers from the correct agency and emergency medical services to the scene.

The following section of the code (§56-5-1270) addresses what to do if the police do not investigate the accident. If the accident resulted in injury or death to someone or property damage of $1,000 or more, you must file a written report with the South Carolina Department of Motor Vehicles.

The report must be filed within 15 days of the accident. South Carolina’s Traffic Collision Report is the form you can use to report the crash.

It can be difficult to determine the amount of damage to a vehicle or if someone is injured. Some car accident injuries may take several hours or days to cause symptoms severe enough to seek medical attention. Therefore, it is wise to err on the side of caution and file the report. Filing a police report means you have an official record of the collision for insurance and claims purposes.

What Information Is Included in a Collision Report in South Carolina?

A car accident report contains information about the accident that is useful when seeking a personal injury settlement. In some cases, the report might lead you to other evidence that could help prove your case.

Information in a crash report includes, but is not limited to:

  • The location, date, and time of the crash
  • The owners and drivers of all vehicles involved in the crash
  • A description of the vehicles
  • Insurance information for each vehicle
  • A description of the accident scene, including road and weather conditions
  • Contact information for eyewitnesses
  • A description of how the collision occurred

A police report may also contain notes from the police officer with details gathered at the accident scene. Even though a police report is not conclusive proof of fault, the officer’s determination regarding fault may help you with an insurance claim.

What Should I Do After a Car Accident in Columbia, SC?

Columbia traffic can be challenging to navigate through. There are backups on I-26 and I-20 and in downtown Columbia. The stop-and-go traffic creates dangerous driving conditions. There always seems to be a car accident somewhere on your way to your destination.

If you are involved in a car accident, taking steps to protect your rights is crucial. Steps to take after a car accident include:

  • Call 911 to report the crash. Request police officers and medical services, if needed.
  • Document the accident scene by taking photographs of the vehicles, road conditions, and other items that could have contributed to the cause of the crash.
  • Ask witnesses and bystanders to provide their names and contact numbers.
  • Do not assume that you are at fault for the accident. Never apologize or say you caused the crash.
  • Be honest with the police officer, but stick to the facts instead of drawing your own conclusions.
  • Seek immediate medical attention for your injuries. Delays in medical care could make it more difficult to settle your claim.
  • Document your damages by keeping detailed notes about monetary losses and your struggle to recover from the accident.

It is wise to seek legal advice from a Columbia car accident attorney before discussing the accident with an insurance company. An attorney can advise you of your legal options for recovering economic and non-economic damages from the party who caused the car accident.

What Percentage Do Lawyers Take For A Personal Injury Case?

In Kentucky, a personal injury case is one in which one party is injured due to the negligence of another. In these cases, the injured party has the right to compensation from the responsible party. A car accident claim is a common type of personal injury case.

In most states, if the other driver was responsible for the accident, you can file a claim for compensation for any incurred expenses with the other driver’s insurance company. If you feel the insurance company isn’t offering you fair compensation for your injuries after a car accident, you can file a lawsuit against the other driver and the insurance company. 

Other types of personal injury cases follow a similar trajectory. Usually, the case starts with an insurance claim and only escalates to legal action if needed. While legal action may be uncommon, personal injury lawyers can help with all aspects of a claim, even if it never goes to trial — and many claimants receive more compensation when represented by a lawyer.

But are they receiving more compensation after fees are calculated? Surprisingly, in most cases, they are. Hendy Johnson Vaughn, PSC, an experienced personal injury law firm in Louisville, KY, shares what you need to know about the typical fee structure for personal injury lawyers and what percentage they generally take from the cases they handle.

How Contingency Fees Work With Personal Injury Lawyers?

It helps to understand that almost all personal injury lawyers work on a contingency fee basis. This means that they initially charge nothing and only get paid if they successfully obtain money for their clients. If a lawyer loses a case, then they go unpaid.

Conversely, when the lawyer wins money, they receive a percentage of all money obtained as their fee. What percentage they take can depend on several factors. 

As a general rule of contract law, a contract requires both parties to agree to the terms before it can be enforced. Thus, your lawyer must inform you of their fee structure and get your approval — preferably in writing — before performing services for you.

Many states also have explicit laws that require attorneys to disclose their fee structure before performing services. These regulations are often strictly enforced and could result in a lawyer losing their license to practice if ignored.

Expected Personal Injury Attorney Contingency Fee Percentages

In Kentucky, most contingency fees average between 33% and 40%, but there are plenty of exceptions and variations. One of the most common variations is based on how the case ends. Many personal injury attorneys will charge a lower percentage — usually 25% to 35% — for cases that end in a settlement and then increase the percentage if the case gets more complicated.

For example, an attorney might charge 30% before a lawsuit is filed, 37.5% after it is filed, and 45% if the case goes to trial. The middle value may seem strange, but it is common for cases to be resolved via settlement after a lawsuit is filed, yet before the trial begins.

Additionally, some personal injury lawyers will charge different amounts of money for different types of personal injury cases. For example, many personal injury attorneys charge lower contingency fees for workers’ compensation cases than they do for medical malpractice or car accident cases. Some lawyers may charge as little as 10% to 20% for workers’ compensation cases.

Contingency Fee State Regulations

Another reason that contingency fees may differ throughout the U.S. is that some states cap them. For example, Michigan law limits personal injury attorneys to taking one-third of any compensation obtained as a contingency fee. This limit applies to all types of personal injury cases.

Currently, there is a ballot measure in Nevada that would place an even lower limit on contingency fees in the state. If the measure passes, all contingency fees in civil cases would be limited to 20%, the lowest limit in the country.

Fees That Shock The Conscience Of The Court

Furthermore, contract law doesn’t allow anyone to agree to a patently unfair contract. When a contract “shocks the conscience” of the court, a judge may find it invalid. While there is no set value for what constitutes an unreasonable fee, values above 50% are likely to be considered suspect by most judges.

Personal Injury Lawyer Pro Bono Work

Finally, personal injury lawyers sometimes provide pro bono services to a client. Pro bono work usually involves cases where the client is being treated particularly unfairly or is permanently disabled. If you ask a lawyer to work for you pro bono, they may not agree. However, an attorney might offer to take your case pro bono after hearing your story.

Even when a lawyer isn’t taking a contingency fee, that doesn’t necessarily mean you won’t need to pay a certain amount by the end of the case. Lawyers who are working pro bono may still require you to pay expenses if they win the case for you. 

Those expenses could add up in a complicated case, but they will generally be set values rather than a percentage of your winnings.

The End Result Of Attorney Fees In Personal Injury Cases

In general, if you seek a personal injury attorney to represent you, that attorney will charge a percentage of any money they obtain for you at the end of the case. This percentage is, on average, about 33%. Even with a contingency fee, though, hiring a lawyer usually nets you more money than you would have received on your own.