Do I Need a Personal Injury Lawyer?

personal injury | February 17, 2022

If you or a loved one sustain an injury due to the intentional or negligent actions of another party, you may need to file an insurance claim or personal injury lawsuit to recover compensation. However, if you want to recover money for your medical bills, property damage, lost wages, and other losses, you may need assistance from a personal injury lawyer.

People having a consultation with a personal injury lawyer

Was Your Injury Caused By Someone Else?

If you have sustained an injury caused by the actions of another individual, entity, or company in California, then you should consider working with an attorney to help you recover compensation for your losses. There will need to be solid evidence showing that the other party caused your injuries. This is a complex process, and it involves proving the four elements of negligence:

  • Duty. It must be shown that there was a duty of care established between the plaintiff (the injury victim) and the defendant (the person who caused the injury). This duty of care will look different depending on the type of injury and/or accident involved.
  • Breach. After a duty of care is established, it must be shown that the defendant breached their duty of care in some way. A breach of duty of care will vary depending on the type of incident in question.
  • Causation. If it can be shown that the defendant breached their duty of care to the plaintiff, then it must be proven that this breach directly caused the injuries in question.
  • Damages. Finally, it has to be established that the injury victim sustained some sort of monetary loss as a result of their injuries.

How Severe Are Your Injuries?

For anything more than a minor injury, you need to consider working with an attorney. Any person who has sustained a moderate to severe injury will likely have various types of losses they can recover compensation for.

For example, if you have tripped as a result of loose concrete in a parking lot and only suffered minor abrasions on your knee, then you likely do not need a personal injury lawyer. However, if the trip and fall incident lead to you sustaining a cracked skull or a brain injury, you very likely need to work with a skilled lawyer who can help you recover compensation for your losses.

No two personal injury claims are exactly alike, and we strongly encourage you to seek a free consultation with an attorney who can help you determine the best steps moving forward.

Is the Insurance Carrier Being Difficult?

Insurance carriers are notoriously difficult to deal with, particularly when they are on the line for paying significant compensation amounts. The ultimate goal of all insurance carriers is to limit how much money they payout in a settlement because they are trying to look out for their profit margin.

If an insurance carrier has denied your claim, or if they refuse to offer a fair settlement, then you need to contact an attorney who can help you deal with the carrier or file a personal injury lawsuit.

Do You Have Legal Experience?

The vast majority of individuals do not have much legal experience, particularly when it comes to personal injury claims. Even if your case looks like it should be simple, please understand that legal claims can become complex. There are various nuances that only an attorney experienced with personal injury claims will be able to handle.