When Do You Need a Lawyer for a Personal Injury Case in Washington, DC?
If you have a personal injury case in Washington, DC, a personal injury lawyer can help make the process easier. Personal injury cases in DC are typically complex, although the level of complexity depends on the type of case you have. For instance, while car accident claims can be a hard nut to crack, they are not nearly as complex as medical malpractice claims.
“It has been observed over time that no matter how hard the case may be, the right lawyer can help or guide you,” says Attorney John Yannone of Price Benowitz Accident Injury Lawyers, LLP. However, do you need a lawyer for every type of personal injury case, or is it only for a select few? Let us look at the different types of personal injury cases you can have in DC and when you need a lawyer.
Two Major Types of Personal Injury Cases in Washington DC
Personal injury cases can feature many incidents, such as car accidents, slips and falls, medical malpractice, and more. However, they all fall into two major categories, depending on the motive behind the defendant’s actions or inaction. These two categories include intentional injury claims and personal injury caused by negligence.
Intentional Injury
For an intentional injury claim, the defendant intentionally harmed you or acted knowing their actions would hurt you. This type of claim usually occurs when the defendant commits the following:
- Assault, which can be battery that was not finished because someone intervened or threatened to offensively touch someone
- Battery, which means touching someone in a harmful and offensive way and without the person’s permission
- False imprisonment, which means holding someone forcibly and against their consent
Negligence Injury
A personal injury that occurs due to negligence means the defendant did not exercise reasonable care when interacting with the plaintiff. If your case is a negligent case, you will need to prove that the defendant owed you a duty of care. The standard duty of care means acting in a way a reasonable person would have acted in a similar circumstance.
There is a need to prove the duty of care because the defendant does not always owe the plaintiff a duty of care. Moreover, the plaintiff’s entitlement to a duty of care typically depends on the predictability of the consequences of failing to uphold a duty.
When Should You Get a DC Personal Injury Attorney?
DC’s laws do not mandate you to get a lawyer when you have a personal injury case. You can go through it yourself, especially if the case does not go to trial, which it probably will not. Nevertheless, there are instances where talking to a lawyer is particularly crucial to the success of the case, such as:
- When you have suffered serious harm
- When you are not sure how much compensation you deserve or how to calculate it, and the defendant is being uncooperative.
- When your case did not end at settlement, negotiations, like most personal injury cases do
- When you need to bargain with an insurance company
- When you need to prove the defendant’s liability
- When the defendant has a legal team
- When the settlement the defendant is offering is too low to cover the damages you have suffered
- When your insurer refuses to provide compensation
Does Having a Lawyer Change Anything?
Having a lawyer to represent you in your personal injury case does not guarantee you will win the case. Moreover, you can pursue an appropriate recovery even without a lawyer, although that depends on the type of case you have.
For example, you would not need a lawyer if your accident is minor or when the defendant accepts responsibility for the accident. Also, if you could get the funds you need to cater to your loss quickly, you would likely not need a lawyer.
Conclusion
Whether you need a DC injury lawyer depends on the details of your case. Meanwhile, if you are not exactly sure what those specifics are, you can consult a personal injury law firm. Moreover, initial consultations are typically free, so you would not be obligated to pay any consultation fee or anything.
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