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“While we’re talking,
Envious time is fleeting:
Seize the day, put no trust in the future. ”

— Horace

This is my first blog post from my new San Diego location. So hey La Jolla, San Diego. Let’s discuss why I’m necessary.

If you think you have a bodily injury claim, you could hire a personal injury lawyer. Here’s why you want to.

Proper evaluation of your claim

Generally speaking, you are entitled to recover all damages caused by all responsible parties. A personal injury lawyer can evaluate your claim and determine the extent of your damages. You may not have realized that you could recover lost wages if the injury caused you to miss work. A personal injury lawyer can also identify all possible defendants. Of course you knew that the driver who hit you is responsible. But did you know that the owner of the car could also be responsible? And perhaps the manufacturer of the car is responsible too.

Possibility of litigation

Rarely will you receive a reasonable offer from an insurance company without litigation. Litigation is complicated, exhaustive, and expensive. Insurance companies know they can give you a low settlement offer because they assume you won’t (or can’t) pursue litigation. Personal injury lawyers litigate and possess the required expertise and resources. Litigation generally forces insurance companies to provide a more reasonable settlement offer.

Reduction of liens

Clients are surprised to learn that if there’s a recovery they may be required to pay back their health insurance company. That’s because the health insurance company may have a lien on any settlement proceeds. A personal injury lawyer, however, can help reduce the amount of the lien.

California Civil Code 3040 (c)(2) provides that if an attorney is retained, the lien cannot exceed 1/2 of the money due to the client in any settlement. Personal injury lawyer have other ways to reduce your liens even further. This, in turn, gives you a greater recovery.

Shared interest

The defendant isn’t on your side. The insurance company isn’t on your side. Who is? Personal injury lawyers work on contingency, which means they don’t get paid unless you recover. So you and your attorney have a shared interest: actual and maximum recovery.

Time saved

Claims, and especially litigation, take time. Insurance companies know you don’t have a lot of time, and they use that against you. A personal injury lawyer handles your claim for you. You don’t have to worry about lost time.

Conclusion

There are more reasons, but you get the idea. And most personal injury lawyers give free consultations, so when you schedule one ask the lawyer why he or she is necessary. That will get their attention.

Questions? Contact Me for a free consultation.

Evan Walker

Evan W. Walker is a La Jolla attorney who has practiced law since 2008. He has practiced law throughout California, Connecticut, and Louisiana.

Evan worked for and defended insurance companies during the first 7 years of his practice. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes.

Evan’s practice is devoted to serious personal injury claims and catastrophic property damage claims. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos.

Evan regularly shares his expertise with other attorneys by teaching courses on insurance and inverse condemnation. He has taught several continuing legal education courses to Attorney Credits, a nationwide CLE company, and ProLawCLE, another nationwide CLE company. He also contributes to various podcasts and publications.

Associations:

  • Member, State Bar of California
  • Member, San Diego Bar Association
  • Member, Consumer Attorneys of California
  • Member, Consumer Attorneys of San Diego
  • Member, La Jolla Bar Association
  • Member, La Jolla Village Merchants Association
  • Member, San Diego Chamber of Commerce