Most insurance claims resolve without needing a lawyer. But in certain situations, legal help can make a significant difference in your outcome. Here's how to know when it's time to consult an attorney.
Signs You May Need Legal Help
Serious Injuries
- Long-term or permanent injuries
- Significant medical bills
- Injuries affecting your ability to work
- Injuries requiring ongoing treatment
Disputed Liability
- The other party claims you're at fault
- Fault is genuinely unclear
- Multiple parties are involved
- Your insurer is blaming you
Claim Denial or Significant Delays
- Your claim has been denied
- The insurer won't respond or is stalling
- You're being offered far less than your losses
- Bad faith practices are suspected
Free Consultations
Most personal injury attorneys offer free initial consultations. You can get professional advice on whether you need representation at no cost.
When You Probably Don't Need a Lawyer
Legal help is usually unnecessary for:
- Minor property damage claims
- Clear fault situations with cooperative insurers
- Minor injuries with straightforward treatment
- Claims being paid fairly and promptly
What Attorneys Can Do
Investigate Your Claim
- Gather evidence thoroughly
- Obtain police reports and records
- Interview witnesses
- Work with accident reconstruction experts
Handle Communications
- Deal with insurance companies on your behalf
- Protect you from making damaging statements
- Respond to legal demands
- Manage paperwork and deadlines
Negotiate Settlements
- Calculate full value of your claim
- Present evidence effectively
- Counter lowball offers
- Know when to push and when to settle
Take Legal Action
- File lawsuits when necessary
- Represent you in court
- Navigate legal procedures
- Argue your case before a judge or jury
Types of Attorneys
Personal Injury Lawyers
Focus on injury claims from accidents. Usually work on contingency—they only get paid if you win.
Insurance Coverage Attorneys
Specialize in policy disputes with your own insurer. Helpful for denied claims or coverage questions.
General Practice Attorneys
May handle various legal matters including some insurance issues. Good for simpler disputes.
Understanding Contingency Fees
Most injury attorneys work on contingency:
- No upfront cost to you
- Attorney takes a percentage of your settlement (typically 25-40%)
- If you don't win, you don't pay attorney fees
- You may still owe costs (filing fees, expert witnesses)
Read the Agreement
Before hiring, understand exactly what percentage the attorney takes and what costs you're responsible for. Get it in writing.
Finding the Right Attorney
Where to Look
- State bar association referral services
- Recommendations from friends or family
- Online reviews and ratings
- Local legal aid organizations
Questions to Ask
- How much experience do you have with cases like mine?
- What's your fee structure?
- Who will handle my case day-to-day?
- What's your assessment of my claim?
- How long do you expect this to take?
Working with Your Attorney
Once you hire a lawyer:
- Provide all documents and information requested
- Be honest about everything
- Respond promptly to communications
- Don't speak to insurance companies directly
- Follow your attorney's advice
Alternatives to Hiring a Lawyer
If you're not sure you need full representation:
- Get a consultation for advice only
- Hire an attorney for specific tasks (letter writing, review)
- Use legal aid services if you qualify
- File complaints with your state insurance department
- Pursue mediation or arbitration
The Bottom Line
Consider legal help when:
- Injuries are serious or long-term
- Significant money is at stake
- The insurance company isn't treating you fairly
- Liability is disputed
- You're overwhelmed by the process
A good attorney can level the playing field with insurance companies and help you get fair compensation. When in doubt, take advantage of free consultations to understand your options.