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Do I Need a Personal Injury Attorney?

If you have been involved in an accident, you may be wondering if you need to hire a personal injury attorney. There are certain situations when the answer is clear, however, it is not always simple. If you are unsure whether hiring an attorney for your personal injury case is right for you, here are things that you should consider.

Injuries and Damages

The extent and severity of your damages are a major factor in determining if you should hire an attorney. If you were seriously injured in the accident, or permanently disabled, you should have an attorney that will fight for you. Or if the injuries were such that there are lingering issues that require long-term or ongoing medical treatment or future care, an attorney can help ensure you recover sufficient compensation to cover the cost of future medical treatment. It is important that all your injuries are identified and either treated or have a viable treatment plan before settling any injury claim. You should talk with your doctor about any concerns you have, and you should have a release from your doctors, or if your injuries are permanent, a permanent impairment rating.


If you were injured in an accident and had a pre-existing medical condition, you should talk with an experienced attorney that will fight to ensure that those preexisting conditions do not significantly impact the compensation you can recover. Did you know that there is a long-standing common law legal doctrine called the Eggshell Doctrine? It states that a negligent party does not have less liability or responsibility to pay damages just because the injured party already had prior medical problems or conditions. If a negligent party causes injuries to someone else, then they are responsible for all the resulting consequences – whether they were foreseeable or not.

Additionally, if you had to miss more than a few days of work and lose wages as a result of the accident, an attorney is probably needed to fight for your case.

Insurance Company

After an accident, the insurance company may offer to settle your case quickly. Do not believe that this is for your benefit. When insurance companies want to settle quickly, many times it is to close the matter, and have you release them from any further liability before any additional medical issues arise. In fact, the insurance company does not feel the time pressure or urgency to settle the case in the same way you might. You have mounting medical bills, vehicle repair costs, and perhaps lost wages, all of which can make you accept a lower settlement offer, just to give you some relief from the financial strain.

Also, keep in mind that it is the insurance adjuster’s job to save their company money, and they do this by paying as little money as they can for any claims. The insurance adjusters do this all day long, and the insurance companies have vast resources at their disposal including teams of lawyers and medical and forensic experts, all of whom are working to limit the money that is paid to you for your personal injury claim.

Once you accept the settlement offer and receive the money, the medical providers and any other lien holders will be waiting for payment. A substantial benefit of hiring an experienced personal injury attorney is that we will work to reduce the amount you have to pay. We do this by negotiating with those lien holders for a lower payment amount and we try to get you the best possible results.

An experienced personal injury attorney will be familiar with the tactics many insurance companies use to minimize any settlement payment, which will even the playing field when dealing with the insurance company.

Knowledge and Experience

The majority of personal injury claims are settled out of court, however, that does not mean that the law is irrelevant. You need to have a strong legal case to successfully negotiate with the insurance company. Knowing the law is the key to a successful resolution of your personal injury claim. Your attorney and their support staff will take on the responsibility of communicating with the insurance adjusters directly, handling requests for documentation and all the administrative and legal components required to settle your claim. This will allow you to focus on recovering physically and mentally after your accident.

It is never a bad idea to talk with an attorney. Most initial consultations are free. And believe it or not, most attorneys will give you an honest opinion on whether or not it is worthwhile to hire an attorney for your situation.

Contact Us Today

Having a knowledgeable, trusted personal injury attorney working for you can make the difference in ensuring you get full compensation for your injuries and damages. Your attorney will know where to find the evidence you need to support your claim.

At Battaglia, Ross, Dicus & McQuaid, P.A., we listen to you and want to hear your story!

When you contact us, we will take the time to get to know you and understand all the ways your life has been affected by your accident. We pride ourselves on being empathetic, compassionate, and caring. This is just one of the reasons we are Florida’s top-rated personal injury attorneys – providing personalized legal advice addressed to meet your individual needs.

From the first call, you will know that we will be there with you, helping you to navigate through what can be a complex, difficult, and emotionally challenging time. We strive to provide you with all the information and resources you need. We are dedicated to making your life easier. From start to finish, we will promptly answer all your questions and provide the best legal advice, so you can make informed decisions about your future.

We build trust through open, timely communication, and straightforward legal advice. We are an award-winning, established personal injury law firm, fighting for our clients for over 60 years, and have recovered more than $145 million in awards. Contact us today and we will fight to get the results you deserve.


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