Accidents And Personal Injury: When To Seek Legal Help And When You Can Be Compensated


When you or someone close to you is injured in an accident, it can be a sad, confusing and stressful time. While getting medical assistance is always the first priority, once you know that you or your loved ones are safe, it’s time to consider seeking legal help. Detailed here are some things to keep in mind when determining if it’s necessary to contact an accident attorney or injury attorney, and if compensation is available for the injured party.

First Step: Determining Fault

If you can prove that someone other than you (or the other injured party) was at fault for the accident, then there’s a good chance that compensation might be available. In that case, you should consider pursuing a personal injury lawsuit and contacting an attorney.

How Do I Know if Compensation is Available?

The only sure way to know is to contact a bar-certified injury or accident attorney, who will be able to determine if compensation might be available for the injured party, and in what amount. Another key is to have your attorney help you determine what types of damages can be claimed in a personal injury lawsuit. Here’s a brief explanation of a few common claims:

Pain and Suffering: Damages related to pain and suffering are defined as mental and physical distress. Emotional damages such as depression, insomnia, etc. may also be included. The compensation available depends on the severity of the physical, mental or emotional trauma.

Medical Costs:

If the accident resulted in substantial medical costs for the injured party or their family, medical expenses can be added to a damage claim.

Lost Wages: if the accident results in missed time at work for the injured party, lost wages due to injury can also be added to a damage claim.

When is a Lawyer Necessary?

It is important to note that in simple, cut-and-dry injury cases where the fault is obvious, hiring a lawyer is not always strictly necessary. However, sometimes a certified injury attorney is necessary to negotiate with insurance companies and increase your chance of receiving compensation–after all, insurance companies won’t always settle based on their good faith alone. In addition, if your personal injury case will involve complex legal rules, it is highly advisable to contact a lawyer.

Here are some common types of accidents where compensation is available and it is almost required that you get an attorney’s help:

Medical Malpractice: Medical questions and legal rules involved in malpractice cases can be complicated; due to this an attorney, preferably one experienced in malpractice cases, should be hired.

Long-Term, Severe or Disabling Injuries:

If the injury suffered results in long-term damage to physical capabilities, you’ll want the help of an experienced lawyer to get the most possible compensation from your claim. These include unusually sever or life-threatening injuries as well as injuries leading to permanent disability, such as blindness, paralysis, etc.

Toxic Exposure: Cases involving toxic exposure are increasingly common in today’s world. They involve any sickness or injury caused by exposures to toxins in the air, water, in the work place, etc. These cases often involve complex scientific data and can be difficult to prove, so an attorney is strongly recommended.

Overall, the best rule is that if you’re unsure at all about any of the legal processes involved, or if you don’t know if compensation will be available, then contact an accident attorney or injury attorney. Even if the cost of legal service is high, sometimes an attorney is necessary to get the most out of your claim.

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Robert J. Fenstersheib

About the Author

The Lawyers at Fenstersheib Law Group, P.A. provide personalized legal representation for personal injury cases.

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