Depending on the accident, medical attention may or may not be required.  In an automobile accident, for example, the individual who caused the accident will be responsible for any repairs to the victim’s automobile, along with the previously mentioned compensation.  Most individuals hire a lawyer soon after the accident occurs even though settlement negotiations will typically not begin until after medical treatment has ended.

After concluding medical treatment, a personal injury lawyer will begin to negotiate with the insurance company representing the person who caused the accident.  During this time, lawyers will assess the amount of medical bills, doctor reports and diagnosis, lost wages, damages and will attempt to estimate a fair amount of pain and suffering.  After gaining your approval, personal injury lawyers will submit a proposal to the insurance adjuster for consideration.  It generally takes 30 days for a response, which is expected to be a counteroffer.  At this time, lawyers will discuss the offer with their client and see if a fair settlement can be reached.  If not, the lawyer will prepare another letter explaining that the adjuster’s offer is not acceptable and will, once again, request that the case be settled for a slightly lower amount than the original proposed amount.  This situation is a test of each side as the adjuster wants to settle the case for as little as possible while the lawyers want to make sure their clients are properly compensated.  After several letters back and forth, and perhaps some telephone calls, the lawyers will advise their client when a fair offer has been reached.  While they cannot instruct their client on what to do, they can advise them on the fairness of the offer and how that figure may change if the case were to proceed to trial.

For reasons of both time and expense, the majority of personal injury cases are settled out of court.  Once a trial is granted, attorney fees and court costs increase dramatically.  An attorney receives a pre-negotiated amount of the client’s settlement, but receives a larger percentage if the case moves to trial.  There are a number of lawyers who handle personal injury cases and it is always important to select one that is most sincere and seems most knowledgeable about the process.

The information in this article is to be used for informational purposes only.  It should not be considered as, or used in place of, professional legal advice.  Individuals who need legal help should consult one of the lawyers in their area who can assist them with their questions and concerns.

You do not, repeat do not, have to sign the contract right away. You can talk to another lawyer or two or even just take a day to think about it and make an appointment to come back and sign the contract if you choose them.

Here are a few more things to watch for:

• Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.

• Honesty. Do you get a sense he is overinflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.

• Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.

The other reason you want to get started is to avoid exceeding the statutes of limitation for suing. In general, a statute of limitations confines the amount of time a victim has to file a lawsuit. In Michigan, the statute is 3 years. If you don’t file suit properly and timely, you may be unable to ever file your claim.  Remember, the statue of limitations clock starts ticking from the day of accident. An experienced attorney can determine how any particular statute, including limitations, may affect you and your potential case.