After being hurt in an accident, many people consider hiring a lawyer to represent them in their claim against the responsible party. Sometimes it's the best way to go, but there are a number of important things to consider before deciding if it's right for you.
First of all, don't rush into something if you're not sure what you want to do. Once you have signed a retainer, the attorney has a right to payment regardless of whether you are satisfied with the results. On the other hand, if you start the claim process directly with the insurer, there is nothing to stop you from hiring a lawyer later on if you feel the need.
If you start without a lawyer, insurers will try to make you happy, especially if liability is clear and they know they're going to make a settlement eventually. If you make it clear that you would prefer to work with them all the way to settlement, this will be even truer.
Claim adjusters know that if there is no attorney between them and you, they will get better information to evaluate your claim, be able to settle the claim more quickly and save the company some money while paying you more. And they know that you can get a lawyer later if you're not happy with their service.
How much will it cost? Some law firms advertise that "We don't get paid until you win," or something similar. This is generally true, but it doesn't mean they'll get more money than you could on your own. You may get a slightly larger settlement, but after the fees are paid, find that you have less for yourself.
Be wary of big promises. Lawyers have to sell their services just like any other business entity, so there can be a temptation to oversell themselves. Know what an attorney realistically can and cannot do for you. If you feel that you are not being treated fairly by an insurance company, it's easy to think that getting a lawyer will solve your problems. Maybe, maybe not. It could make things worse.
There is less risk in handling your own claim than most people think. While insurance companies try to limit their losses, most representatives recognize that they have a legal and moral obligation to treat consumers fairly. Failing that, they know that if they are intentionally unfair, state law and the Department of Insurance can lay heavy fines and/or judgments on them.
Be wary of advertisements for legal services. One law firm claims that since the insurance companies hire the best attorneys, so should you. Yes, insurance companies hire lawyers when they need them, and they're usually good ones. But they don't need them until the person making the claim hires a lawyer and then files suit (not the same thing as making a claim). If you don't get an attorney, you will probably never have to deal with an insurance company's attorney.
Some consumers believe that by hiring a lawyer they are getting someone who is smarter, tougher or a better negotiator than the adjuster who is working for the insurance company. Don't count on it. Insurance adjusters get extensive training and experience in everything from legal issues to medical terminology/procedures to negotiation and the bases for claim valuation. In truth, in many large law firms, the people who handle the cases and negotiate the settlements are not even lawyers, but former claim adjusters themselves.
Remember that each situation is different. Ultimately, it is you, the consumer, who has to decide if your case requires legal representation, and no one source is going to provide all the information you need. However, understanding what really happens in the legal/claims process can help you to make a more informed, reliable decision.
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