When a person sustains a personal injury that comes about through an accident not their fault, the negligence of others, or medical malpractice, to name a few examples, then other than addressing your medical issues, you should consider getting a lawyer to represent you. An example of this would be mesothelioma, which is a lung condition caused by exposure to asbestos. Why would you need a lawyer if the person or entity responsible for your personal injury situation has insurance and the responsibility is clearly theirs? Very simply put, most people and companies, insurance coverage notwithstanding, will go to great lengths to avoid paying someone having suffered injuries caused by that party what they are actually entitled to under the laws of the particular state in which the personal injury occurred.
An injured person receiving medical treatment and trying to heal after an accident, does not need the stress of trying to make the responsible party provide a reasonable settlement. Often, their medical condition makes this, even if possible, and unwise choice. This is where a reputable personal injury attorney comes in. Lawyers who specialize in obtaining settlements for personal injury cases work on contingency. That is, they foot all of the expenses, do all of the work and negotiations, and make sure that you get the maximum amount you are entitled to under the law for your particular circumstances, seriousness of your injury, pain and suffering, loss of income and wages, or ability to work in the future. If no settlement acceptable to you is made, then the lawyer doesn’t get paid.<!–adsensestart–>
If they are able to negotiate what the person incurring the personal injury is satisfied with, after they have totally healed from the accident in question, then they usually get the costs involved in pursing the case reimbursed as well as one-third of the actual settlement. While this may seem like a high fee, there is no risk to the injured person. That person usually receives their settlement sooner, rather than later. It is usually more than they anticipated because a lawyer will know every circumstance to factor in according to state law and be willing to pursue your settlement or be prepared to go to court to do so if necessary.
This is a powerful incentive to the party you are suing, and a law suit typically must be filed to show seriousness of intent in the matter of settling your personal injury case satisfactorily. First your lawyer will try to make a reasonable out of court settlement that will cover all of the different applicable aspects of your case, including some you may never have considered, such as future medical expenditures. If your case ends up in court, everyone loses due to high total court costs. Today, most states require a mediation prior to court if acceptable settlements cannot be reached in personal injury cases. Your lawyer can explain this to you. The goal is to mediate out as many points of contention as possible in order to make a compromise that both parties to the law suit can live with.