If you have a personal injury case in Washington, D.C., a personal injury lawyer can help make the process easier. Personal injury cases in D.C. are typically complex, although the level of complexity depends on the type of case you have. For instance, while car accident claims can be challenging to resolve, they are not nearly as complex as medical malpractice claims.
“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 personal injury case, or only for a select few? Let’s look at the different types of personal injury cases you can have in D.C. and when you need a lawyer.
Two Major Types of Personal Injury Cases in Washington, D.C.
Personal injury cases can involve many incidents, such as car accidents, slip-and-fall accidents, and medical malpractice, to name a few. 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 can be a form of battery that is unfinished if someone intervenes or threatens to make offensive contact with another person.
- Battery refers to making contact with someone in a harmful and offensive way without the person’s permission.
- False imprisonment is 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 one of negligence, 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 in a similar circumstance.
There is a need to establish the duty of care, as the defendant does not always owe it to the plaintiff. Moreover, the plaintiff’s entitlement to a duty of care typically depends on the predictability of the consequences of failing to uphold that duty.
When Should You Get a D.C. Personal Injury Attorney?
D.C.’s laws do not mandate you to get a lawyer when you have a personal injury case. You can handle 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 the following:
- When you experience serious harm
- When you are unsure how much compensation you deserve or how to calculate it, and the defendant is uncooperative.
- When your case did not end in a settlement or negotiations, as 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 your damages.
- 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 that 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 if the defendant accepts responsibility for it. Also, if you could quickly get the funds you need to cover your loss, you likely wouldn’t require a lawyer.
Conclusion
Whether you need a D.C. 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. In addition, you typically won’t have to pay a consultation fee, as initial consultations are free.
