How Do I Find The Right Lawyer For My Case?

Choosing a Personal Injury Lawyer: What You Need to Know

If you’ve been injured in an accident and need legal representation, finding the right lawyer is crucial. With so many attorneys to choose from, it can be overwhelming to know where to start.

By choosing a competent and dedicated injury lawyer, you can increase your chances of obtaining the compensation you deserve and move forward with confidence during this challenging time.

It’s unwise to hire just any lawyer or pick one of the ambulance chasers who offer their services to every accident victim they can find.

The wrong legal representation could cause you to lose your case or win a settlement that’s too small to cover all your medical bills and other costs.

With this in mind, let’s look at how to find the very best personal injury lawyer possible.

Wendt Law Firm is a dedicated personal injury firm with experience handling many types of personal injury cases. Our knowledgeable legal team has extensive experience seeking maximum compensation through every possible legal outlet. Call Wendt Law at 816-531-4415 to schedule a free consultation today.

The Role of an Injury Attorney

A lawyer specializes in representing individuals who have been physically or emotionally injured due to the negligence or wrongdoing of another party.

They are well-versed in the intricacies of personal injury law and are equipped with the knowledge and experience to navigate the legal process on your behalf.

Injury lawyers play a crucial role in the pursuit of justice for those who have suffered harm or serious injury.

They serve as advocates for their clients, working tirelessly to ensure that their rights are protected and that they receive the compensation they deserve.

These lawyers have a deep understanding of the legal system and use their expertise to build strong cases on behalf of their clients and seek financial recovery.

One of the key responsibilities of a lawyer is to investigate the circumstances surrounding the personal injury litigation. They gather evidence, interview witnesses, and consult with experts to establish liability and determine the extent of damages.

This thorough investigation is crucial in building a strong case and maximizing the chances of a successful outcome.

Once the evidence has been collected, lawyers use their negotiation skills to engage in settlement discussions with insurance companies or the opposing party.

They strive to secure a fair and just settlement that adequately compensates their clients for their injuries and losses.

If a settlement cannot be reached, lawyers are prepared to take the case to trial and present the evidence before a judge and jury.

What is an Injury Lawyer?

An injury lawyer is a legal professional who provides legal representation to individuals who have been injured as a result of the negligence or intentional actions of another person, company, or entity. Their primary goal is to secure compensation for their clients to cover medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.

Injury lawyers are highly knowledgeable in the field of personal injury law, which encompasses a wide range of accidents and incidents. They handle cases involving car and motorcycle accidents, slip and falls, medical malpractice, workplace injuries, product liability, and more.

Their expertise allows them to navigate the complexities of personal injury law and effectively advocate for their clients.

When working with a lawyer, clients can expect personalized attention and support throughout the legal process. These lawyers understand the physical, emotional distress, and financial toll that injuries can have on individuals and their families. They provide guidance, reassurance, and compassionate representation to help their clients navigate the challenges they face.

Why Do You Need a Lawyer?

While it is not mandatory to hire a lawyer, doing so greatly increases your chances of receiving fair compensation for your injuries. Personal injury cases can be complex, involving various legal procedures and negotiations with insurance companies.

An experienced lawyer will have a deep understanding of the law, know how to handle insurance companies, and will fight to protect your rights and interests throughout the entire process.

Injury lawyers have the necessary skills and resources to build a strong case on your behalf.

They have access to a network of experts who can provide testimony and evidence to support your claim.

These experts may include accident reconstruction specialists, medical professionals, vocational experts, and economists who can accurately assess the value of your damages.

Additionally, lawyers are skilled negotiators.

They know how to effectively communicate with insurance companies and defense attorneys to ensure that you receive a fair settlement.

They will not settle for less than what you deserve and will fight to maximize your compensation.

Another reason to hire an injury lawyer is their ability to handle the legal complexities of your case. They are well-versed in the laws and regulations that apply to most personal injury lawsuits and claims and can navigate the legal system with ease.

This allows you to focus on your recovery while your lawyer handles the legal aspects of your case.

Lastly, lawyers provide peace of mind.

Dealing with the aftermath of an injury can be overwhelming, especially when you are faced with mounting medical bills and lost wages.

By hiring the right attorney, you can rest assured that your personal injury lawsuit or claim is in capable hands. They will handle all the legal aspects, advocate for your rights, and work tirelessly to secure the compensation you deserve.

Factors to Consider When Choosing an Injury Attorney

Now that you understand the importance of hiring a lawyer, let’s explore the key factors to consider when choosing the right one for your case.

When it comes to personal injury cases, finding the right lawyer can make all the difference. You want someone who not only has the knowledge and expertise in personal injury law but also has a track record of success in securing favorable outcomes for their clients. So, what factors should you consider when making this important decision?

Experience and Expertise

One of the most important factors to consider is the lawyer’s experience and expertise in personal injury law. You want someone who has a deep understanding of the laws specific to your area, such as Kansas City, and who knows how to navigate the legal system with ease.

Look for a lawyer who has successfully handled injury victims in cases similar to yours, as they will be better equipped to handle the unique challenges that may arise.

Furthermore, consider the lawyer’s expertise in the specific type of personal injury case you have. For example, if you were injured in a car accident, you may want to find a lawyer who specializes in car accident cases.

This specialization can give them a deeper understanding of the intricacies involved and increase the likelihood of a successful outcome.

Reputation and Reviews

Another important factor to consider is the lawyer’s reputation and reviews from past clients. Word of mouth and online reviews can provide valuable insights into a lawyer’s professionalism, communication skills, and success rate.

Take the time to research potential lawyers and read reviews from people who have worked with them in the past.

Additionally, consider seeking recommendations from friends, family, or other trusted sources who may have had positive experiences with lawyers.

Hearing firsthand accounts can give you a better understanding of what to expect and help you make an informed decision.

Communication and Availability

Effective communication is crucial in any attorney-client relationship. When consulting with potential lawyers, pay attention to their responsiveness and willingness to address your concerns.

A lawyer who genuinely listens to you, explains complex legal terms in plain language, and keeps you informed about the progress of your case is more likely to provide the level of support and representation you need.

Furthermore, consider their availability.

Will they be accessible when you need them? Will they promptly return your calls or emails? These are important questions to ask, as you want a lawyer who will be there for you throughout the entire process.

Choosing the right lawyer is a decision that should not be taken lightly.

By considering factors such as experience, expertise, reputation, and communication, you can increase your chances of finding a lawyer who will fight for your rights and help you achieve the best possible outcome for your case.

Steps to Finding the Right Injury Lawyer

Now that we have discussed the key factors to consider, let’s explore the step-by-step process of finding the right lawyer for your case.

Researching Potential Lawyers

Start by creating a list of potential lawyers. The first step is to search online for injury attorneys in your town. Bar associations are a great place to begin.

These are the organizations that regulate local lawyers and discipline any who break the Code of Professional Responsibility.

In Kansas City, you have the Kansas City Metropolitan Bar Association and the Kansas Bar Association. All the region’s best attorneys will be members.

To find potential candidates for your case, contact these associations or use the “find a lawyer” feature on their website.

Seek Out Recommendations

You can also try asking friends, family, or other legal professionals for recommendations. As with most services, a recommendation from someone you know goes a long way.

Personal injury law cases are pretty common, and you might be surprised how many people you know have experienced personal injury claims. A friend, coworker, or family member might be able to point you to an excellent lawyer.

Additionally, utilize online directories and legal referral services to further expand your options.

Once you have compiled a list, conduct thorough research on each lawyer to gather information about their experience, expertise, and reputation.

Look for Specialists in Your Case Type

There are all kinds of personal injury cases. The most common are auto accident injuries. You also have medical malpractice, product liability, wrongful death, slip and fall accidents, and many other case types. It’s usually best to collect the details of lawyers who deal with your particular type of accident because they’ll usually have more relevant legal know-how and experience.

Initial Consultation and Interview: Choosing the Best Lawyer

After narrowing down your list, schedule initial consultations with the remaining lawyers. Most lawyers offer free initial consultations, during which you can discuss your case and ask any questions you may have.

Use this opportunity to assess the lawyer’s communication style, knowledge, and overall demeanor.

Consider asking about their experience with cases similar to yours and how they plan to approach your specific case. While interviewing each attorney, don’t hesitate to ask plenty of questions, and look for the following qualities:

Ease of Communication

Law is complex, but good lawyers can simplify and clarify it for their clients. When they explain their fees, experience, methods, and how things will proceed, you should be able to understand without any trouble.

They should also be happy to answer all of your questions clearly and openly. During the consultation, if you start feeling lost, mystified, or frustrated, consider it a red flag.

No Costs Without a Win

Almost all lawyers charge on a “no win, no fee” basis. This means when you win, the insurance company pays both you and your lawyer’s legal fees. If you don’t win the case, your lawyer doesn’t get paid.

Ask each lawyer what percentage of the settlement amount they take as a fee. This will usually be between 20 and 40 percent. The best attorneys usually charge a higher percentage; they’re also much more likely to win you a larger settlement

No Case-Related Expenses, Either

Make sure that any expenses accrued during the legal proceedings are included in the “no win, no fee” contingency arrangement. These out-of-pocket expenses include routine tasks like copying, printing, postage, and court filing fees.

You’re also likely to have investigation costs, expert witness fees, deposition costs, and more.

Whatever the agreement for covering expenses, ensure you know how it works and what will happen if your case is won or lost. Most lawyers will be fine with this arrangement.

Confidence in Your Case

Attorneys never agree to represent plaintiffs when they aren’t very sure of winning. It’s therefore easy to assume that any lawyer willing to work with you has a great deal of confidence in your claim. But this doesn’t paint the whole picture.

You don’t simply want to win compensation; you want to win a fair and substantial amount: enough to account for all of your accident-related costs and suffering.

With this in mind, ask potential lawyers how much they think your claim is worth, what strengths and weaknesses they see in it, and how confident they are of achieving that outcome. Ideally, you want to gain a sense that they’re ready and willing to fight to the end for maximum compensation.

Experience Winning Cases in Court

Usually, a personal injury claim is negotiated and settled out of court, provided that the insurance company agrees to a fair settlement. But claimants occasionally need to file a personal injury lawsuit and take things before a judge and jury.

If this happens, you’ll want a lawyer by your side who knows how to handle court cases.

Ask potential attorneys if they take trials to court, how often they’ve done so before with cases similar to yours, and what their success rate is with jury cases.

Jury-Trial Expertise

Many less experienced attorneys rarely or never take proceedings are far as the courtroom because they can earn a decent living settling cases as quickly as possible.

But this strategy weakens their hand during settlement negotiations.

The insurance company and defense lawyer opposing your claim will know whether or not your chosen law firm and attorney have a reputation for taking cases to court.

If they see you’ve hired a lawyer who’s willing to go all the way, they’re more likely to agree to a larger settlement.

Personal Injury Law Success Stories

Most lawyers should be ready to share a few success stories from the personal injury cases of past clients. Ideally, they’ll be able to tell you about a recent personal injury claim or two that were very similar to yours.

Attorney/client privilege won’t allow them to share specific details, but the broad strokes of a previous case will give you an idea of the lawyer’s style and what you can expect from working with them. If an attorney can’t share any success stories, consider it a red flag.

Willingness to Provide References

Experienced lawyers should also be happy to provide references and testimonials from past clients. Even before you approach an attorney, search their website for testimonials, reviews, and details of case outcomes.

More often than not, the best attorney you speak to will have the highest quality references and plenty of clients singing their praises.

Again, look for reference cases with accidents similar to yours where the claimant was awarded excellent compensation. And if any lawyer you meet is hesitant or unwilling to provide references, look for the nearest exit.

Business From Other Attorneys

Ask each lawyer you meet roughly what percentage of their business comes from other lawyers. Experienced and well-reputed attorneys in any field of law exchange a good deal of referral business.

While lawyers commonly refer cases to each other, no attorney refers clients to someone they don’t trust to do a good job. For this reason, a lawyer’s referral is a valuable indicator of quality.

The right lawyer for you will ideally get plenty of business from his or her peers.

Time To Devote to Your Case

Make sure any lawyer you choose has time to dedicate sufficient personal attention to your personal injury case. Good lawyers are frequently in high demand, and they might have several other personal injury cases on the go at once.

Ask them how many cases they’re currently working on.

Also, ask how often you can expect updates on your case, how long they expect your case to take, and how much time they’ll have to provide your case with their personal attention in the coming months.

Interest in Your Case

Finally, the right injury lawyer will show a great deal of interest in your case. You will be able to tell they are excited to take you on as a client, and they are motivated to fight for the best possible outcome.

The most successful attorneys want to win and win big, for their clients and also for their reputations, careers, and sense of professional pride.

A disinterested attorney is more likely to settle as quickly as possible, without putting up much of a fight, so they can collect their commission and move on to the next client.

They’ll also be less pleasant to work with. And, one crucial service a lawyer must provide is giving you moral support and a smoother, less stressful litigation journey. Needless to say, avoid disinterested attorneys like the plague.

Making Your Final Decision

After meeting with multiple lawyers, carefully evaluate your options and choose the one that best aligns with your needs and objectives. Consider the attorney’s experience, expertise, reputation, communication skills, and your overall comfort level with them. Trust your instincts and select the lawyer who you feel confident will fight for your rights and achieve the best outcome for your case.

When Should I Hire a Kansas City Personal Injury Lawyer?

If you’ve been injured in an accident caused by someone else’s negligence or wrongdoing, you can seek compensation for your losses with a personal injury claim.

One of the first questions you’ll be asking yourself is whether or not to hire a lawyer. While it is legally possible to file an insurance claim and even a lawsuit without the help of a legal professional, this is almost always a bad idea.

A personal injury attorney can clarify your legal rights, initiate the claim process, gather evidence, negotiate with the insurance company, represent you in court if need be, support you throughout the entire legal process, and – most important of all – secure you a higher settlement.

To help you think the decision through, let’s look at twelve conditions that should prompt you to hire a personal injury attorney without delay.

1. You’ve Suffered Physical Injuries

Following an accident, any injury leading to medical bills should be covered by the negligent party. This includes any physical and occupational therapy. A fair settlement should also cover medical expenses for ongoing treatment into the future.

In the crucial days and weeks following an accident, you should be focusing on recovering your health. But unfortunately, time is of the essence when it comes to lodging a personal injury claim. Any delay makes gathering evidence harder and reduces your chances of recovering fair damages for your medical expenses.

A Lawyer Can Begin While You’re Still Recovering

When you hire a personal injury lawyer, either a sole practitioner or an attorney at a law firm, they can immediately get the ball rolling on your claim. Once hired, a personal injury attorney can immediately file the paperwork to start the claims process, gathering evidence, speaking to witnesses, collecting medical reports and bills, and preparing your entire case. All the while, you can rest and recuperate.

Earn the Full Damages You Deserve

Fair compensation for physical injuries should cover past, present, and future medical bills and related losses. But without a lawyer by your side, it can be difficult to estimate what the complete ongoing cost of recovery will be, especially when forecasting the future.

A personal injury attorney can consult with your physicians, therapists, and other medical experts. Then they can use their know-how of personal injury laws and experience with similar cases to figure out full and fair damages.

Minor Injuries Can Become Major

Many accident victims are tempted to brush off a seemingly mild injury after a slip-and-fall or motor vehicle accident. They might have a few scrapes and bruises, minor sprains and cuts, or no apparent injury at all. They consider it too much hassle to hire a personal injury lawyer and quickly accept any payment the responsible party’s insurance company offers to pay for their relatively small medical bills.

But this is often a mistake.

Seemingly minor car accident injuries can develop into major injuries later on, but if you’ve already accepted a settlement offer, there’s no second chance at a claim for the same accident. All further medical bills will come out of your pocket, and you can also say goodbye to possible compensation for pain and suffering damages and other non-economic losses. To avoid this bad outcome, seek out a personal injury attorney immediately.

Beware of Delayed Symptoms

It’s also the case that adrenaline can mask the symptoms of an injury at the time of an accident, causing you to think you escaped unscathed. But without a doctor’s immediate attention, internal injuries might not be noticed until days or even weeks later.

So even if you feel fine following a car crash or any other accident, see a medical professional right away, and also a lawyer. It’s unwise to go straight to the insurance company. The last thing you’d want is to give the impression that you haven’t suffered any serious injuries, only to find out later that you have.

2. You’ve Lost Wages or the Capacity To Work

Injuries often lead to a loss of wages, which covers all income and work-related benefits you would have received if not for your injury. If you’ve been prevented from earning a salary, an hourly wage, commissions, bonuses, or even work-related perks, you can claim damages.

You can also include lost sick days, vacation days, and personal days, plus transportation costs and car allowance, insurance plans, stock options, and missed promotion opportunities. With the help of a lawyer, you can understand the full extent of work-related damages to claim and know the real worth of those damages.

Prove Your Lost Income

You’ll need to prove your lost earnings with past pay stubs and a statement from both your employer and doctor. These statements need to be clear and thorough, covering every detail and damage. Good personal injury lawyers have helped draft and obtain these statements many times before and can make sure nothing is left out that might diminish the strength of your case.

Claim for Future Lost Wages, Too

Your accident may have also reduced your long-term capacity to earn a living or pursue a particular career. If you’ve been somehow physically incapacitated or suffered a traumatic brain injury, for example, you might be facing a significant drop in wages for the foreseeable future.

But proving a loss of future earnings is far more difficult than demonstrating the earnings you’ve already lost.

Nevertheless, a personal injury lawyer can achieve this for you, often with the help of expert witness testimony. Well-selected medical, occupational, and financial experts can be called upon to explain how your injuries prevent you from working, how long this incapacity will last, and how much of a loss in earnings you’re facing. Once proven, you can win it all back.

3. You’re Unsure What Damages To Claim

As a new claimant without any frame of reference or relevant legal know-how, it’s difficult to accurately estimate the value of your claim. Economic damages for suffered injuries, such as medical expenses, lost wages, and property damage, are perhaps easier to understand.

But you can also claim for non-economic damages, such as pain and suffering, emotional distress, disfigurement, unjust hardship, inconvenience, loss of consortium, loss of enjoyment in life, and other personal injuries.

Without guidance, though, how can you know which of these damages applies to you and what each one is worth in monetary terms?

Uncertainty Puts You in the Insurance Company’s Hands

As a result of this uncertainty, you’re likely to either overestimate or underestimate the value of your claim. You won’t have a firm footing from which to negotiate, and you’re far more likely to accept the insurance company’s assessment of your claim’s worth. This is almost always a very costly error.

Needless to say, it’s far better to have an experienced personal injury lawyer determine the value of your claim. Hire an experienced attorney with a proven track record of successful personal injury claims that are similar to yours.

With their legal training and experience with similar insurance claims, an attorney can accurately assess which damages you can and cannot claim and what those damages are realistically worth.

4. You’ve Been Offered Insufficient Compensation

It might be the case that you’ve already lodged your claim and have received a settlement offer from the insurance company. If you’ve done so alone, don’t be surprised if this offer is far from a fair settlement.

Remember that insurance companies are working against you, seeking to dispute the claim at every turn and minimize any kind of payout.

You might have already harmed your claim by initiating litigation proceedings without an attorney and saying the wrong thing during the process.

But at this stage, a lawyer or law firm can still step in to salvage as much as possible. They can take a fresh look at your case, maximize your claims for damages, gather new evidence, and use their experience and negotiating skills to push back at the insurance company and win a much higher settlement.

Personal Injury Lawyers Triple the Value of Settlements

When someone hires a personal injury attorney to handle their claim, they receive more than three times as much money in their final settlement, on average, as a claimant who doesn’t hire an attorney. This impressive multiple was the finding of an extensive study by the Insurance Research Council. And it should be reason enough for most accident victims to opt for legal representation.

All Your Legal Fees Come Out of the Settlement

Some claimants hesitate to hire a personal injury lawyer because they’re unaware of how the fee structure works in personal injury cases. A personal injury lawyer will almost always charge on a contingency fee basis, meaning they only get paid if they win the case for you. As their fee comes out of the compensation received, insurance companies effectively pay for personal injury lawyers.

And if you lose, you don’t pay a dime.

A typical attorney’s fee will be 20 to 40 percent of the settlement figure. This means you receive 60 to 80 percent of the final settlement. This will usually still be several times greater than what you might have gained without a lawyer.

Check an Attorney’s Fee Structure Before Hiring

During your free consultation with potential lawyers, always ask about their fee structure. Make sure it’s a standard “no fee if no recovery” contingency arrangement.

Also, inquire about how out-of-pocket expenses are paid.

Additional case-related expenses, such as paying for expert witnesses, should also come out of the settlement in the case of a win. Ideally, you shouldn’t be paying a single cent toward the case until you receive a payout.

5. The Insurance Company Is Being Uncooperative

As you might have already gathered, insurance companies are your primary adversary throughout a personal injury claim. Insurance companies are incentivized to pay out as little as possible and also to make the litigation process as difficult as possible for you: the victim.

The uncooperative and often rather underhanded strategies that insurance companies use are hard to handle without an experienced personal injury attorney by your side. Here are a few examples:

Convincing You That a Personal Injury Attorney Won’t Be Necessary

Immediately following an accident, an insurance adjuster will investigate what happened and decide upon the value of your claim. Be very clear that an adjuster works for the insurance company, not for you.

If you ask the insurance adjuster whether or not you need a lawyer, guess what their answer will be. You got it; they’ll almost invariably say “no” and try to persuade you to forget the idea. Pay them no heed.

Tricking You into Admitting Fault

There are many mistakes an uninformed claimant can make while filing a claim. Perhaps the worst of them all is to admit some degree of fault. This diminishes or destroys your claim from the outset.

If you contact the insurance company before hiring a lawyer, the very first thing they’ll do is try to have you make an official statement. With great skill, the adjuster will ask leading questions and encourage you to speak as much as you like until you trip up and admit to some fault. Don’t fall for this; hire a personal injury lawyer to contact the insurance company for you.

Withholding Information From Their Investigation

When you’re on your own, insurance companies have better investigatory resources than you. If they find evidence that proves your innocence and the defendant’s liability, they’re probably going to “lose” or “forget to mention” that key piece of evidence.

This can be extremely frustrating for the claimant who was there at the incident and knows the truth. But without hiring a personal injury lawyer or special investigator, there’s little you can do about it.

Overwhelming You With Paperwork

Insurance companies are well aware that paperwork relating to insurance and legalities causes most people’s eyes to glaze over. While filing your claim and also during the proceedings, don’t be surprised to find yourself inundated with seemingly unnecessary amounts of paperwork, all of which needs to be read, understood, and responded to to keep the case moving forward. It’s best to allow a lawyer to take this headache off your hands.

Misrepresenting the Terms of the Insurance Policy

If you ask the other driver’s insurance company how much coverage is available on the policy, don’t expect an honest answer. They have no incentive to clearly explain what kind of payout the full insurance coverage permits. Review the small print to learn the insurance coverage yourself, or better yet, have an experienced attorney do it for you.

Dragging Out Your Personal Injury Claim

Every personal injury claim has a statute of limitations, meaning a time limit on filing an insurance policy claim or lawsuit relating to an accident. Plaintiffs in Missouri are fortunate that the statute of limitations is five years on personal injury cases.

This is a good deal longer than Kansas and most other states, which allow only two years.

Aware of this time limit, insurance companies intentionally drag cases out. If the statute of limitations deadline passes, the victim can no longer file a lawsuit and take them to court, which greatly reduces their negotiating power.

Another reason for dragging things out is simply to exhaust and demoralize you. An experienced personal injury attorney will be able to counter this and keep things moving along as rapidly as possible.

6. Liability Is Unclear or Disputed

As the accident victim, you need to prove that the other party’s negligence or wrongdoing caused your injuries. In some cases, this is pretty much indisputable, such as if part of a restaurant ceiling collapsed, injuring you when you were quietly having dinner. A more common example is a rear-end auto collision when you’re stopped at traffic lights. There’s no disputing liability in these cases.

But oftentimes, liability is less clear.

If your car is rear-ended when you are slowing to turn, and it’s later uncovered that your turn signal malfunctioned, this means your car’s manufacturer might share some degree of fault. And in almost all cases, whether clear or unclear, liability will be disputed by the defense team.

If liability is unclear or disputed, you’ll need a personal injury attorney to gather the evidence and properly prove your case.

Difficulties Proving Negligence

In some types of personal injury cases, negligence is more often questionable and hard to prove. This is most notable in medical malpractice cases. Here, the claimant must prove that the doctor failed to act with the reasonable level of care that another doctor would provide under the same circumstances.

Given that negative outcomes can occur in medical procedures even when the doctor does everything correctly, negligence is notoriously difficult to prove in medical injury cases.

Even relatively simple slip-and-fall accidents can have questionable liability. Here, you must prove that the property owner knew about a dangerous condition, or should have known, but did nothing about it. When negligence is questionable, liability is unclear, and an abundance of evidence is needed to prove it. You’ll certainly need the help of an attorney, and often an attorney who specializes in your particular type of personal injury case.

Accusations of Contributory Negligence

The insurance company will often accuse you, the victim, of contributory negligence, meaning you were at least partially responsible for your own injuries.

While not a full defense, this can take a large bite out of your settlement figure. For example, in an auto accident, if the defendant was driving drunk, but the claimant was speeding, the claimant is partially at fault. Or perhaps the claimant wasn’t wearing a seatbelt and was therefore partially responsible for their own injuries.

When dealing with insurance companies, sometimes accusations of contributory negligence can be made in bad faith: knowingly invented purely to muddy the waters. This is especially likely if you don’t have legal representation. Disputing or minimizing contributory negligence is a tough task in most cases, requiring the aid of a skillful attorney.

The Evidence Required to Prove Liability

A strong case requires strong evidence and lots of it. Gathering and presenting evidence is the primary task of a personal injury attorney. Liability in a car crash might include the police report, photos and videos of the crash location, photos and videos of injuries, eyewitness videos, CCTV camera footage, eyewitness reports, and more. Even with relatively simple cases, a personal injury lawyer can gather all this evidence far more quickly and thoroughly than a claimant working alone.

The more complex a case, the more evidence you’ll need. Proving medical malpractice requires detailed medical records such as doctors’ notes, prescription records, medication administration records,  lab reports, diagnostic test results, treatment plans, and discharge papers.

You’ll need hospital reports on policies and best practices, and records of communication between doctors and nurses. You’ll need statistical data on treatment outcomes, accepted healthcare procedures, various expert witnesses, and more. All this is tough, if not impossible, to collect alone.

7. Your Damages Are Questionable

As the victim, in addition to proving liability, you also need to prove the full extent of your damages. Sometimes this can be difficult, especially if you had a pre-existing medical issue before the accident.

To illustrate, let’s say a victim previously had a minor ACL injury for which they were undergoing physical therapy and other non-surgical treatments. They then had an accident that worsened the injury, necessitating surgery.

Here, the accident didn’t cause the injury but only worsened it, but this can be complicated to prove. A judge or jury might find for the defendant if you fail to prove beyond a reasonable doubt that the accident aggravated the injury and that the additional medical expenses of surgery wouldn’t have taken place otherwise.

Personal injury attorneys are well acquainted with thorny situations just like this and can analyze your medical records and gather the evidence required to clarify and maximize your damages.

8. More Than One Party Caused the Accident

Any complexity in a personal injury claim calls for a good lawyer to help unravel it. Another common example of complexity is when multiple parties are at fault for an accident. With multiple potential defendants, the good news is you’re likely to win a much higher final settlement figure. The bad news is that cases with multiple parties and legal teams are harder to win and generally take a good deal longer.

9. Your Case Is Going to Trial

Over 95% of personal injury claims settle out of court, but sometimes you’ll need to file a personal injury lawsuit and take the case before a judge and jury. If you’re already taking legal action following unsatisfactory settlement negotiations, then you’ll undoubtedly need an experienced personal injury lawyer fighting your corner.

When an insurance company and defendant choose a trial over paying a settlement, then usually they feel confident about winning the case in court, the plaintiff was demanding too much money, or both of these are true. As the victim and plaintiff, a full-blown court case is not a situation to handle without excellent legal counsel and representation.

Find a Trial-Ready Attorney

It might be surprising to hear that most personal injury attorneys don’t take cases to court or only do so on rare occasions. This is simply because so many cases never need to go that far. But if you’re preparing to file a personal injury lawsuit, you’ll need a lawyer who’s experienced in court and has a great track record of winning over a jury. Ideally, this experience should be with cases similar to yours.

Boost Your Chance of a Fair Settlement

Attorneys who frequently try and win cases in court earn a reputation, especially in their local city and state. So when you hire a court-ready personal injury lawyer or law firm, the opposing legal team knows you mean business.

The very fact that your legal team is ready and willing to take things to court also strengthens your negotiating hand. This increases your chances of winning a higher settlement before a trial even becomes necessary. With this in mind, during your initial consultation, always ask a potential personal injury lawyer if they have experience trying cases in court.

10. You Require Expert Witnesses

A few times already, we’ve touched on the importance of expert witnesses while investigating and proving your personal injury case. There are two main types of expert witnesses: consulting experts and testifying experts.

A consulting expert witness explains complex specialist issues to you and your personal injury lawyer, helping to build your claim. A testifying expert witness provides testimony in court before the jury, serving as a vital source of evidence and helping to prove and win you fair compensation.

For each kind of personal injury claim, there are all kinds of possible expert witnesses. Specialist medical experts will be required for a medical malpractice case, for example.

An engineering expert can testify about poor road conditions in an auto accident or building safety in a property damage claim. A manufacturing expert can demonstrate how a product was defective in a product liability case. The kinds of expert witnesses you can call upon vary as much as accidents vary.

Tap Your Lawyer’s Network of Experts

When you hire a personal injury lawyer with experience handling the legal process in your kind of case, you’re gaining more than the lawyer’s time and talent alone. During each case, personal injury lawyers work with all kinds of specialists and experts.

So you’re also gaining access to the network of relevant expert witnesses they’ve built up over the years. And if you hire a personal injury law firm, you have access to the resources of more than one lawyer. Without this valuable asset, it can be difficult to know when to use expert witnesses, how to use them, and how to find the right experts for your case.

11. You’re Afraid of Making Mistakes

If you’re scared of slipping up and losing your claim because of an error you weren’t aware of, those fears aren’t entirely unfounded. A large part of success in any personal injury case is simply not making mistakes. You have to navigate this strange new legal minefield, all the while with a wily insurance company trying to trip you up.

A personal injury lawyer helps you safely navigate this unfamiliar landscape without putting a foot in the wrong place.

We’ve already mentioned the grievous errors of admitting fault, failing to get immediate medical attention, or accepting a settlement too quickly.

A few more common mistakes in personal injury cases include giving the insurance company a recorded statement, signing a medical authorization release for the insurance company, misrepresenting (lying about) your injuries, failing to inform the doctor of prior medical issues, sharing the details of the accident on social media, and plenty more besides. All of these are avoidable, and your lawyer can help.

12. You’re Feeling Overwhelmed and Demoralized

Last but by no means least, personal injury cases can feel overwhelming for many victims who are already dealing with the immense stress and pressure of a severe injury, recovery, loss of wages, and a suddenly interrupted life.

The moral support you get when you hire a personal injury lawyer can’t be overstated.

Having a competent, confident ally in your corner can make the next few months or years of your life a far happier and less stressful journey.

Contact Wendt Law Firm P.C. today at (816)531-4415 for a free consultation with an experienced, highly qualified personal injury attorney. Our award-winning law firm has successfully negotiated fair settlements for over 1,000 clients. We’re committed to gaining each client the full and fair compensation they deserve.

Contact the Lawyer Residents Trust!

After going through the process of finding the right injury lawyer, you can feel confident that you have made an informed decision. By considering the lawyer’s experience, reputation, communication skills, and your overall comfort level, you have taken the necessary steps to secure capable legal representation.

With the right lawyer by your side, you can focus on healing and rebuilding your life after a traumatic accident.

At Wendt Law, we offer a free, no-obligation consultation and evaluation of any personal injury claim. Our skilled attorneys have your best interests at heart. If you want us to examine your case and advise you on the best course of action, contact our attorneys by calling (816) 531-4415.

We will only receive a fee in the event of a successful resolution of your case.

Personal Injury Resources

• What questions should I ask my injury lawyer?
• How long do I have to file a personal injury lawsuit?
• How can I pay for my medical bills and other expenses while my personal injury case is pending?
• What kind of proof do I need to have a successful personal injury case?
• Do I Have a Personal Injury Case if I Am Not Hurt?
• How is a Personal Injury Settlement Determined?
• Paying Medical Bills Before a Settlement is Reached