When Should You Hire a Personal Injury Lawyer?
If you have experienced serious injuries, fault is disputed, or insurance is offering you a low settlement, you should consider hiring a personal injury lawyer. A personal injury attorney can assist in quantifying your losses or damages to obtain the financial resources you need. Additionally, a personal injury lawyer can track legal deadlines, including the statute of limitations for your claim.
While a claims adjuster may urge you to avoid getting representation, our Chambersburg personal injury attorneys are here to advise you accordingly. At DiLoreto, Cosentino & Bolinger P.C., our team of legal professionals is committed to advocating for the compensation you deserve.
You Experienced Serious Injuries
If your injuries require hospitalization, surgery, or long-term care, these costs can add up quickly. The party responsible for your injuries should be the one paying your medical expenses, not you. Unfortunately, medical costs do not stop once you are discharged, with personal injury victims often needing rehabilitative therapies to regain mobility.
During the recovery process, home modifications may need to be performed so the individual can move comfortably around their home. Home modifications may include wheelchair ramps, widening doorways, or installing a grab bar in the shower. Be sure to save any medical bills, receipts, and invoices to ensure that you receive maximum compensation.
Fault is Disputed
Claims adjusters and opposing counsel will attempt to shift blame to you if there is any indication that you contributed to the crash. The at-fault party may work with expert witnesses who can gather evidence to prove partial liability. Since Pennsylvania is a comparative negligence state, you can still recover if you are partially liable, but it will reduce your settlement or award. For example, if you claim $20,000 in medical expenses and lost wages but are found 25 percent at fault, you will only recover $15,000. If you are 51 percent at-fault or greater, you may be barred from recovery. Thankfully, our experienced Chambersburg personal injury lawyers will gather photos, video surveillance footage, police reports, and other pertinent information to highlight the opposing party’s negligence and your lack thereof.
You are Being Offered a Low Settlement
Insurance companies are interested in low payouts, which becomes more likely if you forgo representation. Insurance will use various tactics to avoid paying the true value of your claim, which may include offering a low initial settlement, stalling, or making excessive document requests. When you work with our personal injury team, you have a legal advocate who will communicate with insurance and conduct negotiations on your behalf.
Calculating Damages
A personal injury attorney will assess your case to determine which damages you may be able to recoup. In a personal injury claim, this includes any accident-related losses, such as medical bills, as well as non-economic damages. Non-economic damages are intangible losses that impact your quality of life. In a personal injury case, these often involve infliction of emotional distress, loss of enjoyment of life, and permanent disability. For this reason, they are often referred to as damages for pain and suffering. A personal injury lawyer can calculate economic and non-economic damages to ensure you receive a fair settlement or award.
Knowledge of Legal Deadlines
Although the above-mentioned circumstances warrant having skilled counsel, a personal injury victim should know what legal deadlines apply in their case. This includes the statute of limitations, which is two years from the date of injury or when you discovered your injury in Pennsylvania. In some cases, you may be able to “toll” the statute of limitations, pausing the legal clock and providing you more time to seek legal relief. Examples include the plaintiff being a minor, incompetence, or fraudulent concealment.
If your injury involved a municipal vehicle, a defect on public property, or another government entity, don’t assume you have the standard two years. Under these circumstances, 42 Pa.C.S. §5522 requires that you provide formal notice of your intent to file a claim within just six months of the incident. Missing this notice period can bar your claim entirely, regardless of how much time is left on the two-year “clock.” However, the notice requirement may not bar you from recovery if the government had actual or constructive knowledge of the incident or the condition giving rise to the claim. Because this deadline is easy to overlook, it’s especially important to speak with a personal injury attorney as soon as possible if a government entity may be responsible for your injury.
Contact Our Chambersburg Personal Injury Attorneys Today
Between thousands of dollars in medical bills and lost wages, you may drain your nest egg. At DiLoreto, Cosentino & Bolinger P.C., our team of legal professionals has built its careers on advocating for injured parties. Let us put our knowledge, skills, and experience to work for you. To schedule your free consultation with one of our Chambersburg personal injury lawyers, contact our office online or by calling (717) 496-0070 today.