When Should You Hire a Personal Injury Lawyer After an Accident?

Key Takeaways

Accidents happen. Car accidents. Slip and fall accidents. Workplace accidents. E-bike accidents. And here's the thing: these accidents almost always catch you off guard. I am sure if you're reading this, there's a good chance one already has.

If you're wondering, "When Should You Hire a Personal Injury Lawyer," the answer is usually much sooner than most people realize. The answer is now. Here’s why.

Your Recovery Comes First

First and foremost, if you’re injured, you need prompt medical care. I'll tell you what I see people do instead: They wait. They hope things calm down. They take some ibuprofen and figure they'll see how the week goes. Meanwhile, the clock on their case is already running.

The Clock on Your Evidence Is Also Ticking

Evidence is the proof you need to support your personal injury case. In addition to your medical records, evidence may include things like photos and videos from the accident site, the object that caused your injury, and witness statements.

The evidence from the accident scene deteriorates and may even become unavailable entirely as time passes. A personal injury attorney will gather and preserve the evidence to help prove your case.

Your personal injury attorney will also probably advise you to begin keeping track of your activities and save any related documents. This includes things like:

• the date, time, and contact information for every phone call
• your recovery progress journal and photos
• a calendar of accident-related appointments
• insurance communications
• work communications
• employment records that show your lost wages

Think about it this way. Before the accident, you coached your kid's soccer team on Saturday mornings, and now you can't stand for more than twenty minutes. That difference is your case! The more clearly you can document what your life looked like before, the more clearly I can show what the accident took from you.

Don't Let the Insurance Company Bully You

The insurance company may try to intimidate you and coerce you into signing a settlement—even before you know the full extent of your injuries. And here’s the thing: the bills keep coming, even if you can’t work because of the accident. The insurance companies know this and exploit it. A settlement check may get money in your pocket sooner. But when you sign that settlement agreement and cash that check, you’re potentially signing away your rights to a full financial and medical recovery.

As soon as you hire an attorney, the insurance company must only communicate with you through your attorney. You can focus on your recovery without harassing phone calls from the insurance company and know that someone on your side is handling your case.

And frankly, after thirty-plus years of watching insurance companies pull this, it’s pretty motivating as an attorney to make sure they don't get away with it

Time Is Ticking: Statute of Limitations

There’s also a legal timeclock running on your personal injury claim. This is known as the “statute of limitations.” In Illinois, you generally have two years from the accident to file a lawsuit against all parties potentially responsible for your injuries, although this is not always the case. Some potential defendants, such as municipalities, have much shorter limitations periods. And some potential cases may include notice requirements.

If your injury happened at work, you probably have a workers’ compensation claim instead of a personal injury claim, which requires injured employees to notify their employer within 45 days. Failing to meet this deadline could jeopardize your workers’ compensation claim. Depending on the circumstances, you generally have two to three years from the accident, injury, exposure to file a claim with the Illinois Workers’ Compensation Commission.

I know that's a lot of deadlines to keep track of, especially when you're dealing with an injury. That's exactly why you call a lawyer and let them worry about it.

You Have Nothing to Lose by Calling a Personal Injury Lawyer

If you're still asking yourself, "When Should You Hire a Personal Injury Lawyer," consider that most personal injury attorneys offer free consultations. This includes me. I also understand that picking up the phone after an accident, when you're hurt and stressed and not sure what you even have, is not easy. You don't need to have it figured out before you call; that's my job.

I want to hear what happened to you and how it’s affected you and your family. I’ll evaluate your case and let you know if I think I can win it. If I do, I’ll take your case on a “contingency” fee basis. This means you only pay me if I win your case. I take my payment from your settlement or verdict (usually one-third), and I even advance all litigation costs. This means you pay nothing out of pocket. And if I don’t win your case? You don’t pay me.

In other words, you have nothing to lose by meeting with a personal injury lawyer after an accident—and everything to gain.

Here's Where I Come In

Waiting too long to get legal advice after an accident can damage—and even destroy—your case. Some people wait to “see how things go” because they’re not sure they have a case. Call me. I will answer the phone. Let an experienced and knowledgeable professional make that decision on your behalf. If I think I can win your case for you, I’ll get to work right away so we can build the best case possible—and you can focus on your recovery.

If you have been in an accident and have questions, contact Chicago personal injury attorney Stephen L. Hoffman for a free consultation at (773) 944-9737. Stephen has over 35 years of legal experience and gets results; he has collected millions of dollars for his satisfied clients. He is listed as a SuperLawyer, has a 10.0 rating on Avvo, and is BBB A+ accredited. Stephen is also an Executive Level Member of the Lincoln Square Ravenswood Chamber of Commerce.