As a lawyer who represents car accident victims, I speak with many people who have not yet hired a lawyer, and may not want to. After all, why pay a lawyer when you can just settle your claim directly with the other driver or his insurance company? Nobody wants to pay a lawyer to do something they can probably do themselves.
Going it alone might make sense. If there were no serious physical injuries, and the damage to your car can be settled up in a reasonable way, hiring a lawyer may be unnecessary. If you decide to take that route, think about any physical injuries involved, the medical bills that will need to be paid, and the wages and other income that may be lost – past and future. Also consider amounts that might need to be repaid out of any settlement. For example, when medical bills are paid by a private health insurer, Medicare, Medicaid or Workers Compensation, there is generally an obligation to repay some or all of those bills from the settlement. Lawyers often use the term “subrogation” when talking about this aspect of a personal injury claim. If you ignore this issue, you may find yourself with a settlement that mostly gets turned over to the health insurer, state or federal government.
Sometimes the person who calls me will provide a few facts then simply ask: “so what do you think my case is worth?” I usually respond by saying that if any lawyer answers that question based on a 15 minute phone call, it’s probably best to hire a different lawyer. It may be possible for a lawyer to quickly determine if a case is small, or potentially large. But attorneys should know the full facts, and carefully weigh all elements of the claim, before trying to value it. That is, after all, what they get paid for. Don’t sell your case short, or allow a 15 minute phone call to lead you to an unwise settlement. Oftentimes it’s better to pay a lawyer a percentage of a large settlement then to keep 100% of a settlement that is way too small.
To discuss your case, call or text 513-287-7447, or email mark@markbsmithlaw.com.
