After an accident, you may be dealing with injuries, medical appointments, missed work, insurance calls, and unexpected bills all at once. A personal injury lawyer can help you understand your options, determine who may be responsible, and identify which insurance coverage may apply to your claim.
A personal injury lawyer can also take on the legal and insurance issues while you focus on your recovery. The attorney’s role goes far beyond negotiating a settlement. A lawyer can investigate what happened, preserve evidence, document your losses, deal with insurance companies, and protect your rights throughout the claim.
The earlier you understand your options, the easier it can be to avoid mistakes that may affect your case later.
Investigating How the Accident Happened
One of the first steps in a personal injury case is determining how the accident happened and who may be responsible.
A personal injury lawyer may review police reports, photographs, video, witness statements, medical records, and other evidence related to the accident. Depending on the case, additional evidence may include surveillance footage, vehicle data, employment records, maintenance records, phone records, or expert analysis.
In a car accident case, for example, an attorney may look at where the vehicles were damaged, what witnesses saw, whether traffic laws were violated, and whether video exists from nearby businesses or traffic cameras.
In a premises liability case, evidence may include photographs of a dangerous condition, incident reports, maintenance records, or information showing how long the hazard existed.
Gathering this information early can help preserve important evidence before it disappears.
Identifying Everyone Who May Be Responsible
A personal injury lawyer can investigate whether another person, business, employer, property owner, manufacturer, or other entity contributed to the injury.
For example, a company may share responsibility when an employee causes a crash while performing job duties. A property owner may be responsible for certain dangerous conditions. A manufacturer may face liability when a defective product causes an injury.
Identifying all potentially responsible parties matters because each may have different insurance coverage and legal obligations.
Identifying the Insurance Coverage That May Apply
A personal injury lawyer can identify available insurance policies and determine how they may apply to your case.
Depending on the circumstances, coverage may include:
- liability insurance
- automobile insurance
- uninsured motorist coverage
- underinsured motorist coverage
- commercial insurance
- homeowners insurance
- medical payments coverage
- Michigan no-fault benefits
Insurance rules also differ between Ohio and Michigan, especially after motor vehicle accidents. An attorney familiar with the law where the accident occurred can help determine which claims and benefits may be available.
Communicating With Insurance Companies
Insurance adjusters may contact you soon after an accident. They may ask for a recorded statement, medical authorization, documents, or information about how the accident occurred.
You do not have to handle those conversations alone.
Once you hire a personal injury lawyer, your attorney can communicate with the insurance companies involved in your claim. Your lawyer can respond to requests, provide appropriate documentation, challenge incorrect assumptions about fault, and address disputes over medical treatment or damages.
This can also help prevent you from accidentally making a statement that an insurance company later takes out of context.
Protecting You From Insurance Company Tactics
Insurance companies investigate claims with their own financial interests in mind.
An adjuster may question whether your injuries came from the accident. The company may argue that you were partly responsible, question whether treatment was necessary, or make an early settlement offer before you know the full extent of your injuries.
A personal injury lawyer can evaluate those arguments and respond with evidence.
An attorney can also review a settlement offer before you accept it. Once you sign a release, you may give up the right to seek additional compensation later, even if your condition worsens or you need more treatment.
That makes it important to understand what you are agreeing to before resolving a claim.
Documenting Your Injuries and Medical Treatment
Medical records play an important role in a personal injury claim. They help show what injuries you suffered, the treatment you received, and how those injuries affected your health.
A personal injury lawyer can gather relevant medical records and bills and organize the documentation needed to support your claim.
Your attorney may also review whether you need future treatment, rehabilitation, surgery, medication, medical equipment, or other care.
In more serious cases, an attorney may work with physicians, vocational experts, economists, accident reconstruction professionals, or other specialists. Their opinions may help explain the severity of an injury, future medical needs, reduced earning ability, or how the accident occurred.
Calculating the Full Value of a Personal Injury Claim
A personal injury claim may involve much more than the medical bills you have already received.
Depending on the circumstances, your losses may include:
- emergency medical expenses
- hospital bills
- surgery
- rehabilitation and physical therapy
- medication
- future medical treatment
- lost wages
- reduced earning ability
- property damage
- pain and suffering
- disability
- scarring or disfigurement
- loss of enjoyment of life
Some losses are easy to document with bills or pay records. Others require a closer look at how the injury has changed your daily life.
A personal injury lawyer can review both the financial and personal effects of the accident. That evaluation can help determine what compensation may be available under the law.
Handling Lost Wages and Reduced Earning Ability
An injury can affect your finances long after the initial accident.
You may miss several days or weeks of work while you recover. A more serious injury may keep you from returning to the same job or working the same number of hours.
A personal injury lawyer can gather wage records, employment information, tax documents, and other evidence showing how the injury affected your income.
When an injury causes permanent work limitations, an attorney may also evaluate whether the claim should include future lost earnings or reduced earning capacity.
Handling Medical Bills and Insurance Issues
Medical bills often begin arriving before a personal injury claim is resolved.
A lawyer can help determine which insurance coverage may apply to accident-related treatment and address issues involving unpaid bills, health insurance, automobile insurance, medical liens, or reimbursement claims.
The process differs from case to case.
For example, health insurance may pay certain medical expenses while a personal injury claim is pending. That insurer may later seek reimbursement from a settlement. Other cases may involve automobile insurance or Michigan no-fault benefits.
Understanding who paid the bills and whether anyone has a reimbursement right is an important part of resolving a personal injury claim.
Negotiating a Personal Injury Settlement
Many personal injury claims resolve through settlement negotiations.
A lawyer can prepare a demand for compensation supported by evidence of liability, injuries, medical treatment, lost income, and other damages.
The insurance company may accept the demand, reject it, or make a counteroffer.
Your attorney can evaluate the response and explain the advantages and disadvantages of accepting a settlement or continuing to negotiate.
An early offer may not reflect the full impact of your injuries, especially if you are still receiving treatment or do not yet know whether you will need future care.
Filing a Lawsuit When Necessary
Not every personal injury case requires a lawsuit, and many cases settle before trial.
However, filing a lawsuit may become necessary when an insurance company disputes fault, undervalues a claim, denies coverage, or refuses to make a reasonable settlement offer.
A personal injury lawyer can prepare the court documents, conduct discovery, take depositions, work with experts, file motions, negotiate during litigation, and prepare the case for trial.
Preparing a case thoroughly can also strengthen settlement negotiations. Insurance companies know that a case may proceed to court if the parties cannot reach an agreement.
Representing You in Court
If a personal injury case goes to trial, your attorney presents the evidence and legal arguments to the court.
That may include questioning witnesses, introducing medical records and other evidence, presenting expert testimony, cross-examining witnesses, and explaining how the accident caused your injuries and losses.
Trial preparation starts long before anyone enters a courtroom.
An attorney who prepares a claim carefully from the beginning is in a better position to present the case effectively if litigation becomes necessary.
Protecting You From Mistakes That Could Affect Your Claim
What you say and do after an accident can sometimes affect your personal injury claim.
A lawyer can advise you before you:
- give a recorded statement
- sign a medical authorization
- provide documents to an insurer
- accept a settlement
- sign a release
- post information about the accident or your injuries online
Your attorney can also help you understand legal deadlines and the steps you need to take while your case is pending.
Getting legal advice early may help prevent problems that become difficult to correct later.
What Types of Cases Do Personal Injury Lawyers Handle?
Personal injury law covers many different types of accidents and injuries.
Gallon, Takacs & Boissoneault handles personal injury matters involving:
- car accidents
- truck accidents
- motorcycle accidents
- pedestrian accidents
- bicycle accidents
- dog bites
- premises liability
- medical malpractice
- wrongful death
- serious injuries caused by negligence
The facts and laws involved can differ significantly from one type of personal injury case to another. An attorney can review what happened and determine what type of claim may apply.
When Should I Contact a Personal Injury Lawyer?
You do not have to wait until an insurance company denies your claim to talk with an attorney. Insurance companies may make quick settlement offers before you know how long your recovery will take, whether you will need more treatment, or how much work you may miss. Once you sign a release and settle your claim, you generally cannot go back and ask for more compensation later.
Consider seeking legal advice when:
- you suffered a serious injury
- you needed emergency or ongoing medical treatment
- you missed work because of your injuries
- fault is disputed
- more than one party may be responsible
- several insurance policies may apply
- an insurance company asks for a recorded statement
- an insurer pressures you to accept a quick settlement
- you receive a settlement offer before you know the full extent of your injuries
- your injuries may require future treatment
- you are unsure which insurance company should pay
Speaking with a personal injury lawyer early gives your legal team more time to preserve evidence, investigate the accident, review available insurance coverage, and protect your claim.
Do I Need a Personal Injury Lawyer for Every Accident?
Not every accident requires an attorney.
A minor accident with no injuries and a straightforward insurance claim may not require legal representation.
However, personal injury claims become more complicated when injuries are serious, medical bills are significant, work is affected, liability is disputed, or insurance coverage is unclear.
A personal injury lawyer can review the facts, explain your options, and help you decide what steps make sense for your situation.
Talk With a Personal Injury Lawyer at Gallon, Takacs & Boissoneault
When someone else’s negligence causes an injury, you should not have to navigate the insurance and legal process alone.
The personal injury team at Gallon, Takacs & Boissoneault can investigate your accident, preserve evidence, identify available insurance coverage, communicate with insurance companies, evaluate your losses, negotiate your claim, and take legal action when necessary.
We represent injured individuals and families throughout Northwest Ohio, Southeast Michigan, and the surrounding communities we serve.
If you have questions after an accident, call Gallon, Takacs & Boissoneault at 419-843-6663 or contact us online to schedule a free consultation.
Jeff joined GT&B in 2008 as a law clerk. After graduation, he worked in election law. In 2011, he returned to GT&B as an Associate, focusing on personal injury cases like auto accidents, premises liability, general negligence, wrongful death, and dog bites. Now a Senior Associate in the Personal Injury department, he is passionate about protecting his clients who have suffered injuries through no fault of their own and ensuring they receive the justice and compensation they deserve.
