To Get Legal Help or Not?

by Cassie

I am involved in a defective product personal injury case. I am at the point where I have an insurance company asking me to write a statement on how the accident happened, send bills, and send my settlement proposal in due course.

I do not know if I should get legal representation now or wait until I am going nowhere in the negotiations. They have asked to examine the product in question at my house. I am so nervous that my injury is a one time deal... but I know this product is defective.

Should I get legal help or not?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "To Get Legal Help or Not?":

Cassie (Texas):

You may not need an attorney. You might be able to settle the case yourself. Writing a clear statement explaining how you were injured by the company's product is something you have to do. The insurance company will need to rely on your written statement to offer you any money.

Create a "Demand Packet". Go by your local office supply store and buy a couple of manilla folders with the metal fasteners at the top. Also buy some tabs. You won't need more than 5 or 6. And buy a couple of 9" X 11" envelopes and some postage.

Bring with you your medical bills and any out of pocket expenses like prescription and over the counter medications. If you had to miss work because of the injury make sure you have a credible written verification of your lost wages. While at the office supply store make copies of all those documents.

When you get home tab the medical bills (they're referred to as "Specials"). Then tab your out of pocket expenses. Next tab your lost wage verification. The last tab will be the amount you are requesting for your pain and suffering and to settle the case.

Send the packet to the insurance company and wait to see what offer they make. If you are satisfied then you can accept it. If not you can argue your claim, or take it to an attorney to be reviewed. Most personal injury attorneys won't charge any fee for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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