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A personal injury lawyer can let you know what your legal rights are. Your lawyer can make sure your rights are
protected. If you're legally entitled to recover for your loss, your lawyer can make sure your claim
is timely pursued and that you receive fair compensation for your injuries.
A personal injury lawyer can also help in other ways, such as dealing with those trying to collect medical and other
bills. This can allow you to focus on your medical recovery and taking care of your family and yourself.
Sometimes, you can try to negotiate a settlement directly with the insurance company for the person or
business organization responsible for your loss. However, this may be difficult and time consuming and you
may not end up with a settlement that is fair and reasonable. Remember, the insurance company wants to pay
you as little as possible. They have trained and skillful adjusters whose job it is to minimize your recovery.
Some reasons for having legal representation include:
- The insurance company does not represent your interests. The company has a financial incentive
to settle your case for as little money as possible.
- The insurance company may tell you that they have done an "investigation" and determined that the incident
was partially or mostly your fault. Their conclusion may be incorrect. Remember, their goal is to pay the least
amount they have to.
- You may be settling your case before you should. If you are still undergoing medical treatment, or if your
medical status is not yet fully known, you might settle your case based on what you know at the time but later
find out that there are other, more serious injuries or conditions you didn't know about. If your medical
condition worsens but you have already settled your case, it's usually too late to receive fair compensation.
- You may be settling for an unfairly low amount. It is often very difficult for you to know the value of your
case without the assistance of a lawyer who is knowledgeable about the law and the facts that apply to your case.
- The insurance company representatives are trained, skilled, experienced negotiators and have a great deal of
knowledge about how to settle cases for the lowest value possible. In short, they have an advantage.
- The law governing who is liable for your injuries and under what circumstances is complex. The facts of the
incident that caused your injury may also be complex, even if they appear straightforward. Therefore, you may
think your injuries are your fault, or that no one else is at fault, when actually there are others legally
responsible for your loss. A lawyer can properly investigate the facts and law so you know whether you have
a right to recover damages from someone else.
- While normally, under Indiana law a person has two years or more from the date he or she was injured to file a
lawsuit, there are many types of legal "deadlines" after which you can never take legal action. These can be
as short as 180 days from the day you were injured. A lawyer can make sure you do not lose your rights by
missing these critical deadlines.
- A lawyer can help you recover the full amount of available damages you're legally entitled to. For instance,
you might not know of a claim you have against your own automobile insurance company for uninsured or
underinsured motorist's coverage without a lawyer to help you. Or, there may be other persons or entities
legally responsible for your damages that you are unaware of.
- Often your medical insurance company who has paid your medical benefits has a right to recover the medical
payments they have made from your recovery. This is known as subrogation. In many cases, Indiana law allows
you to reduce the amount you have to repay to your insurance carrier. A lawyer can help you handle the
subrogation claims of your medical insurance carrier and maximize your recovery.
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