If you have been injured as the result of another person's negligence or wrongful act, you may decide to retain the services of a lawyer to ensure that your rights are protected and that you obtain proper financial compensation for your injuries. There are several reasons why you may wish to have a lawyer represent you.

1. The insurance adjuster (claims representative) in charge of your file is working for the insurance company, not you. An adjuster's job is to attempt to settle your claim in the best interests of the insurance company which usually means less than the full compensation to which you are entitled. You may wish to obtain the services of legal counsel who will be working on your behalf and in your best interests.

2. Statements
When you first meet with the adjuster, you will be asked to provide a detailed written statement regarding the accident and how it has affected you. It is the function of the adjuster to explore issues which could reduce the amount of your claim, such as whether you were partly to blame for the accident or whether you had a pre-existing injury or medical condition that could reduce the amount of your financial recovery. Although the statement is prepared by the adjuster during the discussion with you, you will be asked to sign it. If your statement is not accurate in all respects, it could be used against you at some later time in the claims process.

3. Authorizations
During your initial meeting with the adjuster, you will also be asked to provide authorizations for the release of medical information and documentation. This allows the insurance company to access your medical history both before and after the accident including a medical services plan printout listing all health care providers that you have seen and the services provided. There may be medical matters of a highly personal nature in your medical file that are not relevant to your claim.

4. Initial consultation
Ideally, an accident victim should seek legal advice before the initial meeting with the adjuster. Most personal injury lawyers will provide you with an initial consultation at no charge.

During this consultation the lawyer can assess your situation, listen to any concerns that you may have, and provide you with appropriate advice. If you decide to retain the lawyer, he can provide a statement on your behalf as well as other necessary documentation to activate your claim. He can insulate you from the claims process and make sure that you receive the benefits to which you are entitled so that you can concentrate on your recovery.

5. Documentation
A lawyer will obtain all relevant medical and wage loss documentation on your behalf and supply it to the insurance company in support of your claim. You may find this preferable to having a representative of the insurance company contacting your health care providers and employer to discuss your claim, and obtain information and documentation that may not be relevant.

6. Limitation periods
There are numerous limitation periods which may be applicable to your claim. If you do not file and/or provide documentation within certain time limits during the claims process, your claim could be terminated. Lawyers are aware of these limitation periods and can take appropriate action in a timely manner to preserve and protect your rights.

7. Medical examinations
During the course of your recovery, the insurance company may arrange for you to attend what they refer to as an "independent medical examination". This is an examination by a specialist, usually an orthopaedic surgeon, picked by the insurance company. This doctor is not there to treat you or provide you with medical advice. His function is to examine you and provide a detailed report to the insurance company. In many cases on-going treatment is terminated on the basis of the opinion supplied by the specialist.

Many of these specialists derive a large part of their income from these examinations and a lawyer will know whether it is in your best interests to attend. In certain cases a lawyer can provide the adjuster with the names of alternative doctors for the examination which are sometimes accepted. Usually, the lawyer can at least obtain the report prepared by the doctor as a condition of your attendance.

8. Medical opinions
The value of your claim is based largely on medical opinion. A lawyer will have your doctors provide medical reports that include opinions on matters that are necessary to support your claim. A lawyer can retain other experts such as occupational therapists, vocational consultants, and economists who can assist in the proof and valuation of claims for impaired earning capacity and future care costs.

9. Amount of compensation
After a lawyer has received the necessary medical and expert reports, he is able to properly evaluate the amount of your claim. He has access to decisions of previous court cases that are similar to yours which can be used to evaluate and support your claim. Without a lawyer, you will not know what your claim is worth, and therefore you will be at a disadvantage against an experienced adjuster when the time comes to negotiate a fair settlement of your claim.

10. Negotiation skills
Once a lawyer is able to determine the value of your claim, he is then able to use his negotiation skills to obtain the best possible settlement with the insurance company. Approximately 95% of claims settle prior to trial, often as a result of mediation. In the event that a fair settlement can not be reached during the negotiation process, a lawyer can present your case at trial in an effective manner so that a court can decide on proper compensation for you.

By Stuart Lein
December, 2006