You’re hurt. The medical bills are piling up. Your insurance company is calling non-stop, pushing you to accept their settlement offer “before it expires.” And you’re wondering whether you should call a personal injury lawyer or just take what the insurance company is offering?
If you’re dealing with injuries from a car accident or a slip and fall, you’re probably feeling overwhelmed. The last thing you want is more stress, more paperwork, or more people telling you what to do. But before you sign anything or make any big decisions, let’s talk honestly about what happens when you file a personal injury lawsuit in California.
The Downsides (Yes, There Are Some)
Let’s be real, filing a lawsuit isn’t always sunshine and rainbows. Here are the main drawbacks you should know about.
It Takes Time
This might be the biggest frustration. Personal injury cases don’t wrap up in a few weeks like you see on TV. Most cases take several months to over a year to resolve. If your case goes to trial (which is rare but possible), it could take even longer. When you’re struggling to pay bills right now, waiting months for a resolution can feel impossible.
Your Life Gets Examined
When you file a lawsuit, the other side’s lawyers will dig into your medical history, your work history, and pretty much everything else they think might be relevant. They’ll want to see your social media posts and your medical records, and they might even have someone follow you around to see how injured you really are. It’s invasive and uncomfortable.
No Guarantees
Here’s the scary truth: even if you have a strong case, there’s no guarantee you’ll win at trial. If you turn down an insurance settlement and go to court, there’s always a chance the jury could award you less than what the insurance company offered – or even nothing at all.
It Costs Money Upfront
Wait, this one isn’t actually true for most personal injury cases. Most personal injury lawyers work on a “contingency fee,” which means you don’t pay them unless you win. But there might be some small costs for things like filing fees or getting medical records. The typical personal injury lawyer advances you these costs until you settle your case.
The Upsides (And Why They Usually Outweigh the Downsides)
Now, here’s where things get interesting. The benefits of filing a lawsuit often far outweigh those downsides, especially when you’re dealing with serious injuries.
You’ll Probably Get More Money
Insurance companies are businesses. Their job is to pay you as little as possible. The first offer they make is almost never their best offer, it’s their starting point (tip: most insurance adjusters can offer up to 2x their initial offer). When you have a lawyer, insurance companies know they can’t lowball you. Studies show that people with lawyers typically recover three to four times more money than people who handle their own claims.
Someone Fights for You
Right now, you’re probably feeling like it’s you against the world. The insurance company has teams of lawyers and adjusters whose full-time job is to minimize what they pay you. When you hire a personal injury lawyer, suddenly you have someone in your corner who knows how the game is played.
You Get Your Life Back
Instead of spending your time fighting with insurance companies, gathering paperwork, and trying to figure out legal deadlines, you can focus on getting better. Your lawyer handles all the legal stuff while you handle your recovery.
The Phone Calls Stop
One of the first things most personal injury lawyers do is contact your medical providers and bill collectors to let them know you have legal representation. This usually gets them to back off the collection calls and payment demands while your case is moving forward. Imagine not having to dread every phone call or piece of mail anymore.
You Hold People Accountable
If someone’s careless driving or a business’s negligence caused your injuries, filing a lawsuit isn’t just about money, it’s about making sure they face the consequences for their actions. Sometimes, that’s the only way to prevent the same thing from happening to someone else.
Everything Gets Properly Valued
You might think your case is just about your medical bills and missed work. But there’s a lot more to consider, like future medical expenses, pain and suffering, permanent limitations, and how your injuries affect your daily life. Insurance companies don’t want to talk about these things, but they’re all part of what you deserve to be compensated for.
Here’s the Bottom Line
You wouldn’t try to treat your own injuries without seeing a doctor, right? So, why would you try to handle your legal rights without talking to a lawyer?
Most personal injury lawyers offer free consultations. That means you can sit down with a professional, explain what happened, and get an honest opinion about whether you have a case, without paying a dime. They’ll tell you if your case is worth pursuing or if you should just take the insurance settlement.
Think about it this way: the insurance company has lawyers working for them 24/7. Shouldn’t you at least talk to one lawyer to see what your options are?
The Insurance Company Wants You to Decide Right Now
There’s a reason insurance companies pressure you to accept their settlement quickly. They know that once you hire a lawyer and really understand what your case is worth, you’re not going to accept their lowball offer.
Don’t let them rush you. In California, you generally have two years from the date of your accident to file a lawsuit. That doesn’t mean you should wait two years as evidence disappears and witnesses forget things, but it does mean you don’t have to make a decision today just because an insurance adjuster is pressuring you.
What Should You Do?
If you’re reading this article, you’re already asking the right questions. Here’s our advice: call a few personal injury lawyers and get their take on your situation. Most of them will give you a free consultation, and you’ll walk away with a much better understanding of what your case is really worth.
Remember, talking to a lawyer doesn’t mean you have to file a lawsuit. It just means you’re getting all the information you need to make the best decision for you and your family.
You’ve already been through enough. Don’t make it harder on yourself by trying to navigate the legal system alone. Let the lawyers decide if you have a case worth pursuing, that’s what they do for a living.
Read next: How to find the best personal injury lawyer.
