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When Should I Hire a Personal Injury Attorney?

Bob Hansen • Jan 12, 2024

Are You Seeking Justice?

In the aftermath of an accident resulting in personal injury, people often find themselves grappling with physical, emotional, and financial challenges. When faced with such circumstances, the decision to hire a personal injury attorney is a crucial step towards seeking justice and fair compensation. Though this article should not be considered legal counsel, we here at Brownstein, Pearlman, Wiezer, Newman & Cook, P.C. will provide an overview of personal injury cases, the legal process involved, and guide you on when to consider hiring an attorney.


What is a Personal Injury Case?

A personal injury case arises when an individual sustains harm or injury due to the negligence or intentional actions of another party. These cases cover a broad spectrum of incidents, including but not limited to car accidents, slip and falls, medical malpractice, and product liability. The primary objective of a personal injury lawsuit is to seek compensation for the damages incurred, which may include medical expenses, lost wages, property damage, and pain and suffering.

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The Legal Process:

  1. Consultation with an Attorney: The first step in pursuing a personal injury claim is to consult with an experienced attorney. During this initial meeting, the attorney will assess the details of the case, including evidence, witnesses, and the extent of the injuries. This consultation is an opportunity for the injured party to gain insight into the potential strength of their case and the legal options available.
  2. Investigation and Gathering Evidence: Following the consultation, the attorney will conduct a thorough investigation to gather evidence supporting the claim. This may involve obtaining medical records, accident reports, witness statements, and any other relevant documentation. The strength of the evidence plays a pivotal role in the success of the case.
  3. Filing a Lawsuit: If negotiations with the at-fault party's insurance company fail to yield a fair settlement, the next step is filing a lawsuit. The lawsuit officially initiates the legal process, and the plaintiff becomes the petitioner, while the party at fault becomes the defendant.
  4. Discovery and Negotiation: During the discovery phase, both parties exchange relevant information and evidence. In many cases, negotiation and settlement discussions occur during this phase. It is worth noting that a significant percentage of personal injury lawsuits are resolved through negotiated settlements, sparing both parties the time and expenses associated with a trial.
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Negotiation and Settlement:

Most personal injury cases conclude with a negotiated settlement before reaching the courtroom. The negotiation process involves discussions between the attorneys representing each side, aiming to reach a mutually agreeable resolution. Settlements offer benefits such as faster resolution, reduced legal expenses, and a degree of control over the outcome for both parties.



Factors influencing the negotiation process include the strength of the evidence, the severity of injuries, liability considerations, and the willingness of both parties to reach a compromise. A seasoned personal injury attorney will skillfully navigate these negotiations, ensuring that the client's interests are safeguarded and that they receive fair and just compensation for their losses.

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When to Hire a Personal Injury Attorney:

  1. Serious Injuries: If the injuries sustained are severe, leading to long-term disability or significant medical expenses, hiring an attorney is crucial. A skilled attorney will assess the true cost of these injuries and work to secure appropriate compensation.
  2. Disputed Liability: When there is a dispute regarding who is at fault for the accident, an attorney can investigate the incident, gather evidence, and build a strong case to establish liability.
  3. Insurance Company Challenges: Dealing with insurance companies can be complex, especially when they attempt to undervalue or deny a legitimate claim. A personal injury attorney will negotiate with the insurance company on your behalf to ensure a fair settlement.
  4. Legal Expertise: In navigating the intricacies of personal injury law, having a knowledgeable attorney is invaluable. They understand the legal nuances, deadlines, and procedures, enhancing the chances of a successful outcome.
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We Can Help

Deciding when to hire a personal injury attorney is a critical choice that depends on the specific circumstances of each case. Seeking legal representation early in the process can significantly impact the outcome, ensuring that your rights are protected and you receive the compensation you deserve. At Brownstein, Pearlman, Wiezer, Newman & Cook, P.C., we are committed to providing diligent and skilled legal representation for personal injury cases. If you find yourself in need of assistance, do not hesitate to reach out for a consultation to explore your legal options and pursue justice.

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