When to hire an injury lawyer: Filing the claim

After an injury occurs, I don’t always recommend that someone hire an attorney. However, it is always important to at least consult with an attorney to determine if it would be wise to have an attorney representing you during the process. 

 

 Often the injured party thinks that because the facts and circumstances of the injury are clear, it would not be necessary to hire an attorney.  However, this overlooks certain critical details that may affect the value and viability of a case. 

 

The injury may be so severe that it requires immediate hospitalization or emergency medical treatment. The doctors will give you strong narcotic medication and you may even be put under anesthesia for surgery because of severe pain. You may not be able to move for weeks without help and your whole body may hurt. 

 

Even after you get out of the hospital, the most severe injuries will require that you see a specialist, and the specialist may focus in on only one or two diagnoses. The specialist may even tell you that they need to address those diagnoses first and won’t even mention them in their medical records, suggesting that a doctor later on can deal with those.

 

 Even after you get out of the hospital, the most severe injuries will require that you see a specialist, and the specialist may focusing on only one or two diagnoses. Specialist may even tell you that they need to address those diagnoses first and won’t even mention them in their medical records, suggesting that a doctor later on can deal with those. 

 

 These things may make it necessary to hire an attorney very early. And insurance company weather in a Worker’s Compensation claim or in an auto accident claim or other liability matter, may focus in on only what was diagnosed at the emergency room or in the initial clinic visit. An attorney can help probe with questions to determine what other body parts may have been affected and ensure that documentation of those complaints is provided to the insurance company early on.

 

 An attorney can also help make sure that paperwork is completed correctly. Often after injury there will be multiple sources of paperwork to deal with. Doctors, Worker’s Compensation insurance companies, the at fault party‘s auto insurance, and even your own auto insurance and short term disability insurance may require paperwork to be filled out and signed. A lawyer can advise which types of insurance policies and benefits it is appropriate to file for under the circumstances of the case, and when it is legally possible to apply for more than one, a lawyer can advise on the risks, rewards, and benefits available from either applying for or refusing certain insurances.

 

For example, personal injury protection insurance is a benefit that may be available directly from your own auto insurance policy, and it does not have to be paid back. Med pay benefits do have to be paid back.  Short and long-term disability policies will pay benefits for being disabled from work, but normally they will not cover work related injuries and may consider it an overpayment and require you to refund money immediately if you receive both Worker’s Compensation and short term disability policies. A lawyer can help navigate these issues. Finally, there are deadlines for filing claims, and a lawyer can advise on those guidelines to ensure that claims are filed within the appropriate time allowed by law.

 

After an injury occurs, consulting with the lawyer about these matters is a good choice. It may not always be necessary to hire an attorney, but consulting with an attorney can make sure that no critical issues are missed in the filing of the claims.