Making the Final Decision on Whether to Hire an Attorney

In the end, only you can decide whether or not you need an attorney to settle your claim. The questions in the previous section should help you make the decision. However, you also should consider other factors. For example, if you are not comfortable negotiating with people, it might be a good idea to retain legal help. In addition, you need to think about the time and effort it will require for you to “do it yourself.” Your time, after all, is valuable. In the case of a relatively minor injury (one where you are out of the hospital quickly, require a relatively small amount of follow-up visits to the physical therapist or chiropractor, and where you miss a small amount of work) you may be able to settle very quickly on your own. If you are severely injured, or permanently injured, your case may be more complicated than you can handle on your own.

You should also think about the amount of money that will end up in your pocket depending on whether or not you choose to “do it yourself” or hire an attorney. One item to consider is the way that insurance companies and attorneys often (though not always) differ on how you will be compensated. Many insurance companies consider the money necessary to pay your medical bills as separate from the money that you receive for your pain and suffering. Most attorneys do not separate these items. All of the money that the insurance company pays out, whether it is toward medical bills or pain and suffering, is subject to the contingency fee. Consider the following example. Your total medical bill is 2,000 dollars. The insurance company agrees to pay you 6,000 dollars for your pain and suffering. The total amount of money in your pocket after your claim is settled is 6,000 dollars). Now imagine that you retain an attorney to help you. They are better at negotiation than you are, so they secure 8,000 for your pain and suffering in addition to the money necessary to pay your bills. However, the attorney may charge a contingency fee of 30 percent. Since the total amount of your settlement was 10,000 dollars (2,000 for your medical bills and 8,000 for your pain and suffering) the attorney keeps approximately 3,300. Your net gain from retaining an attorney in this case is 700 dollars. This is another good reason to ask an attorney what he or she thinks you case is worth.