Should I Hire an Attorney if I am Injured in an Accident?

The question of whether someone should hire an attorney to represent them when they are injured in an accident is frequently asked. The answer is yes.

Most always, insurance adjusters often contact the injured party right away and offer an amount to settle the claim. This offer may be undervalued and/or made soon after the accident at a point in time when the full extent of the injuries may not be known. If the injured person accepts the offer and signs a typical release, that person may not be able to bring a claim later on for additional or permanent injuries, not known at the time of the offer, but that occurred as a result of the accident.

In Wisconsin, there is a limited period of time in which a person can make a claim for injuries that result from an accident. If the claim is not made within that time frame, the claim may be forever barred. The injured person will likely be left with medical bills incurred from the costs of the ambulance, emergency room and doctor visits, physical therapy and/or chiropractic treatment and have no legal recourse to seek reimbursement for these expenses. If an injured person intends to hire an attorney, they should contact one immediately.

There are several advantages to having an attorney represent an injured person. An attorney will gather the information relating to the accident, such as, an accident report, the injured persons’ medical bills and medical records, reports from the treating doctors, and applicable insurance policies. An attorney may find additional insurance coverage that is available to compensate the injured person.

In addition to medical bills, the injured person may have missed time from work. The injured person may have lost wages, either because of pain or doctor visits, due to the injuries from the accident. The injured person may also have sustained a loss of earning capacity due to injuries from the accident. An attorney may gather documents to support these claims.

Once all the pertinent documents are gathered, an attorney can submit a claim to the insurance company, in an attempt to get the claim settled out of court. Hiring an attorney eliminates the need for the injured person to negotiate with the insurance company and person who caused the accident on their own.

If the claim cannot be settled, an attorney will be able to draft the necessary documents to bring a lawsuit on the injured person’s behalf. An attorney can also represent the injured person during a trial by preparing motions, making statements to the court on the injured person’s behalf, calling witnesses and doctors to testify, and objecting to evidence that should not be admitted at trial.

If the injured person is a child, special rules apply. If the injured person is married, a claim may also be made on behalf of the spouse for the loss of companionship and nursing services provided to the injured person. An attorney can address these and other issues.

Anyone injured in an accident should talk with an attorney.