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Page 4 of 9 |
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What are the pitfalls in settling my construction accident case without an attorney? |
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One of the biggest problems is that you can overlook potential defendants to file claims against (or "name") in a lawsuit. Even if you are not sure who they are, you can sue unnamed defendants, usually called Does # 1, 2, 3, etc., in your legal paperwork. Your attorney should be experienced in determining who the hidden defendants are, and can substitute their names into the lawsuit later. In some cases, an attorney may name a dozen or more defendants, and then weed them out later, depending on their insurance coverage or assets or their involvement.
Contacting these defendants can be very revealing about the relationships within the trade. Sometimes deals can be struck and they may even testify against the main defendant, or may give your attorney other sources of relevant information. (They would be unlikely to disclose anything like that to you personally.)
Another problem in going it alone is settling without knowing the insurance policy limits. The insurance adjuster’s first offer is rarely their best offer. Though the money may be enticing and you may not feel like waiting any longer, or you may think you have exhausted your options, an attorney can request the amount of the policy limits. An attorney can apply pressure to get them to dig a little deeper into their pockets because he has a better sense of what they are holding back and how your case might play before a jury, and because they know a lawsuit will be costly and they will want to hedge their bets. This is especially true if there is a potential award for punitive damages.
You are also at a disadvantage in terms of knowledge and experience in determining the value of your claim. Keep in mind if you do deal directly with the insurance company without the aid of an attorney, the adjuster owes you no duty to see that you are fairly compensated. There is no magic formula for putting a dollars and cents amount on your injury. As a consequence, you run the risk of devaluing your case and agreeing to settlement terms that give away your rights. An attorney will be able to tell you what your claim is worth, and lead you through the legal process without leaving you wondering what to do next.
Moreover, you may be inclined to settle your case before you know the full extent of your injury. A serious construction injury can mean that you need a new career or perhaps can no longer have a normal life. If you are unable to stand all day or lift anything heavy, you could be facing more than just lost wages. You may have lost your means of livelihood. And your hobbies and interests may be out the window, too. If you have suffered life-threatening injury or loss of a limb, or any challenging, painful or life-changing situation, you deserve the best financial outcome. It should include projected loss of future wages and opportunities for advancement, plus the shock of losing your independence, inability to interact with family in the same way, and accompanying deterioration of your state of mind.
With injury cases you want to negotiate from a position of strength. A lawyer will give you clout. An attorney can argue for emotional, mental and lifestyle damages more effectively. |
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