When someone’s actions hurt you or your loved one, it’s important to keep a clear head and get legal advice as soon as possible. The sooner you consult with a personal injury attorney, the better your chances of capturing evidence before it disappears.
Do I need a personal injury attorney?
Personal injury attorneys help people who have suffered physical harm to get compensation. Compensation might include coverage for economic losses like medical bills and for intangible damages like pain and suffering.
There are many ways to define “injury,” and not every person who gets hurt needs the services of an attorney.
Rather than trying to make this difficult determination yourself, if you’ve suffered an injury, reach out to Fernandez Law for a free consultation. Experienced legal staff will listen to your story, gather information, and advise you of your next best steps – which may or may not include legal action.
Reasons people hire personal injury lawyers
People are most likely to contact a lawyer when they’ve been hurt in a vehicle crash or a workplace accident.
The National Highway Traffic Safety Administration reports around 2.5 million people are hurt in car and truck accidents on American roadways each year. Many of these people seek compensation from the drivers, trucking companies, or other entities responsible for their injuries.
Workplace accidents are another leading cause of personal injury claims. According to the National Safety Council, the leading causes of workplace accidents are:
- Exposure to hazardous substances
- Exposure to dangerous working conditions
- Overexertion
- Slips, trips, and falls
Besides vehicle and workplace accidents, people also commonly contact personal injury lawyers when they were hurt by dangerous products, when they were injured in an unsafe environment, and when they suffered at the hands of a medical professional.
Is hiring a personal injury attorney worth it?
It could be in your best interest to hire a personal injury attorney even if you don’t want to sue. A lawyer does more than represent you in court; they protect your rights and even your ability to recover in peace. Here are nine ways a lawyer could help you after an injury:
- They will advise you of your rights
- They will handle interactions with insurance companies
- They can help you avoid innocent mistakes that could hurt your claim
- They will gather evidence to prove who was at fault
- They will retain experts to support your claim
- They will document damages and calculate their value
- They will negotiate a fair settlement for you
- They will protect you from harassment while you recover
- They can help lower your medical bills
1. They will advise you of your rights
Lots of people will try to give you advice after an injury.
Friends and family, no matter how well-intentioned, may not understand the details of the law. Insurance companies and the at-fault party may try to influence you to make decisions in their best interests, not yours.
With a personal injury lawyer on your side, you will understand your rights and can make informed choices about what you want to do.
2. They will handle interactions with insurance companies
Insurance companies – even your own insurer – have a strong interest in paying out as little as possible in claims. Insurance claims and settlement negotiations are often tedious and deliberately complex. They are designed to convince you to accept a minimum payout.
Once you’ve hired a personal injury attorney, insurance companies can no longer contact you – they can only communicate through your lawyer. Our experienced staff will file claims and negotiate settlements on your behalf, making sure you get what you are entitled to under the law.
3. They can help you avoid innocent mistakes
Many people who suffer personal injuries unknowingly undercut their own claims. Innocent-seeming actions like answering questions, signing a statement, or throwing away hospital paperwork can later come back to haunt you.
Your legal guide can help you avoid these mistakes, so your claim is supported by strong evidence.
4. They will gather evidence to prove who was at fault
You can’t rely solely on a police investigation to prove who was at fault for the accident that caused your injuries. We represented a person who was injured in a truck accident that the police report said was 100% his fault.
Our investigation found eyewitnesses never interviewed by police. Their testimony changed the characterization of the crash, and we won our client a $4 million settlement.
Evidence gathering is a critical step that gets harder as time goes on. Evidence disappears and witnesses forget. This is why it’s important to hire an attorney as soon as possible after suffering an injury.
5. They will retain experts to support your claim
Expert testimony is tremendously valuable, particularly if your claim should go to court. There are experts who can testify to the circumstances of your injury – like traffic experts who can reconstruct the events leading to a car crash or equipment experts who can testify to the condition of workplace machinery.
If your claim involves medical malpractice, the law requires expert testimony from an uninvolved medical professional.
It’s overwhelming to find, contact, and hire these experts on your own. We have access to a network of experts, and we know exactly how to contact them and what to ask.
6. They will document damages and calculate their value
Calculating compensation might seem straightforward at first. But a personal injury attorney looks beyond the face value of damages.
For instance, if a workplace accident caused an injury to your hand, the obvious claim is coverage for the medical treatment. But if you can’t work with an injured hand, you should also be compensated for lost income.
And what if the injury means you can never again pursue a favorite hobby, like playing the guitar? How does one calculate the value of that?
Your legal team looks beyond the present to the long-term consequences of your injury, and makes sure your claim reflects all those ramifications.
7. They will negotiate a fair settlement
When you’re recovering from an injury, you shouldn’t have to go toe-to-toe with lawyers and insurance companies to argue for what’s yours.
Fernandez Law puts our knowledge of the law, our sharp negotiating skills, and our dogged determination to work to get you a fair settlement.
8. They will protect you from harassment while you recover
People pursuing a personal injury claim are often subjected to incessant phone calls, emails, and visits from lawyers and insurers aggressively pushing an unfair settlement.
Hiring a personal injury attorney instantly ends that harassment. Once we’re working for you, all those communications have to come through us – leaving you to recover in peace.
9. They can help lower your medical bills
Insurance companies aren’t the only businesses we’ll negotiate with on your behalf. A personal injury attorney can also negotiate with medical providers to reduce bills and establish manageable payment plans.
How to know if you have a case
Not every person with an injury has a viable personal injury case. To argue a personal injury claim under the law, you must be able to prove:
- You suffered an injury due to someone else’s action or inaction
- The responsible party owed you a duty of care
- The duty of care was not met
“Duty of care” means the person or organization had a legal responsibility to avoid any behaviors a reasonable person could predict might hurt someone.
Most of the time, people seek the help of a personal injury attorney when they’ve suffered a severe injury or permanent disability. However, a catastrophic injury does not automatically mean a slam-dunk legal action. Likewise, a less-severe injury could still be the basis for a successful claim.
It’s difficult for the average person to know whether they have a viable personal injury case. Before making any decisions, it’s wise to get the advice of an experienced legal expert like those at Fernandez Law.
What personal injury claims are worth
It’s impossible to put an “average” value on personal injury claims, as every claim is unique. Factors that might affect the amount of damages include real economic loss, severity of the injury, permanence of disability, insurance maximums, and the level of negligence involved.
When establishing your claim, your attorney may ask for “special damages” and “general damages.”
Special damages are economic losses that can be directly calculated, like bills the injured person has to pay and wages they lost.
General damages are intangible losses it’s hard to put a price on. They include things like pain and suffering, disfigurement, and lost quality of life.
Determining who is at fault
Determining who is responsible for your injuries is one of the first and most important foundations for your claim. The experience of a personal injury attorney is invaluable here, as there may be more parties at fault than you realize. For example:
- The owner of the vehicle involved in a truck accident
- The local government that didn’t maintain the street where a car accident happened
- The company that performed maintenance on workplace equipment that malfunctioned
A personal injury attorney has the big-picture viewpoint to see all the potential liabilities. They also have the legal knowledge to spot violations you weren’t aware of, like failure to follow U.S. or Missouri trucking regulations or workplace safety rules.
This is very important for your compensation. No matter how severe your injuries, you can’t receive more compensation than the at-fault party has to give.
For example, let’s say you win your claim against the driver in a truck accident. Your compensation is limited by the driver’s insurance policy. Even if the court garnishes the driver’s wages to get you additional money, you can never be awarded more than the driver can earn.
Maximizing your compensation means examining not just whether that driver was negligent, but whether the trucking company was negligent for hiring them.
An attorney helps you fight insurance companies
Never forget that insurance is a for-profit industry. Insurance policies are dense, complex legal agreements, and insurance companies have experts on the payroll ready to argue the loopholes in the fine print.
Your personal injury lawyer is the expert on your side, ready and qualified to go toe-to-toe with insurers and win.
The at-fault party’s insurer might claim medical tests and procedures related to your industry are not covered, or don’t meet the policy deductible. Your attorney has the expertise to pick apart these arguments and make sure you get the care you need.
Sometimes, insurance companies act in “bad faith.” This means taking underhanded measures to avoid paying what they owe. Some examples of bad faith actions include:
- Failing to investigate a claim
- Dragging their feet with unnecessary delays
- Providing you with incomplete or misleading information
- Requiring you to provide burdensome documentation
- Denying a valid claim
- Changing the terms of the policy
- Bullying you into accepting an unfair settlement
Companies are far less likely to try these bad-faith practices when a personal injury attorney is involved. If they do, your attorney may be able to file a separate claim on your behalf, in addition to the injury action.
What’s the statute of limitations for a personal injury claim?
Statutes vary from state to state. To find out how long you have to file a claim in your state, search “personal injury statute of limitations” and your state name, or check this online resource.
In Missouri, you have five years from the date an injury is discovered in which to file a claim. In Illinois, you have two years from the date of discovery.
The clock starts on the date the injury is discovered, not on the date it occurred. In some cases, such as silicosis and other occupation-related lung diseases, there may be a significant lapse in time between the exposure and when the injury becomes apparent. The statutory clock starts on the date of diagnosis, even if it is years after the harmful exposure.
Personal injury FAQ
How can a personal injury attorney help me?
Consulting with a personal injury lawyer gives you a clear understanding of all your options to pursue compensation for your injuries.
Your attorney will communicate with lawyers and insurers on your behalf, allowing you to focus on your recovery, and will protect you from anyone seeking to blame you or force you into a bad settlement.
An attorney will investigate and collect evidence to prove liability for the incident and justify your claims. In the event of a catastrophic injury, they can help you plan for your future needs.
Finally, a personal injury attorney can negotiate a fair settlement to compensate you – or file a lawsuit, if necessary.
When should I hire a personal injury lawyer?
Get a free consultation as soon as possible after learning you suffered an injury that might justify legal action. There is a statute of limitations for filing a claim, so the sooner you learn your options, the better.
Should I get an attorney for a car or truck accident?
Always seek medical attention after a traffic accident, even if you don’t seem to be hurt. Car and truck accidents often result in injuries that aren’t immediately apparent but worsen over time, such as injuries to the back or neck.
If you were injured in a car or truck accident near the St. Louis area, contact us as soon as possible. You want to protect yourself in case the driver of the at-fault vehicle or the insurance company tries to cast blame for the accident on you.
Should I get a lawyer for a work injury?
If you suffer an injury on the job, get the advice of a personal injury attorney before giving your employer an official statement or signing any documents they present to you.
How do I hire a personal injury lawyer?
The first step is to get a no-obligation consultation. Not every injury requires legal action. When you speak with us, we’ll get the facts and give you an honest answer about whether you have a case.
What does a personal injury lawyer cost?
Many factors go into calculating legal fees, so there is no one right answer. Most personal injury attorneys will charge one-third the amount of any settlement they help you win.
Fernandez Law is on your side
Suffering an injury is traumatic both physically and emotionally. Most people don’t know if they’re eligible for some kind of compensation, much less how to go about getting it.
Gonzalo Fernandez has been practicing law in Missouri and Illinois since 1989. His background includes working internationally in the world’s largest law firm, trying over 100 cases as a prosecutor with the St. Louis Circuit Attorney’s Office, working as general counsel for Anheuser Busch, and working in private practice specializing in medical malpractice, personal injury, and catastrophic injury cases.
Gonzalo grew up in University City, Missouri, and is an active member of the St. Louis community. He appears frequently on television and news broadcasts as an expert explaining aspects of the law.
We’ve gotten more than $100 million in compensation for our clients. Get in touch today to find out if we can help you.