Sometimes—but not always. If your injuries are truly minor, required little medical treatment, and your damages are limited, you may be able to handle the claim yourself.
However, if your injuries become more serious than expected, the insurance company disputes your claim, or you’re offered a settlement before you know the full extent of your injuries, it’s worth speaking with a Virginia personal injury lawyer before making a final decision.
Every case is different. A free consultation can help you understand your legal rights and whether hiring a lawyer makes sense for your situation.
What Is Considered a Minor Injury?
There is no legal definition of a “minor injury.” The term generally refers to injuries that heal relatively quickly without causing permanent impairment or requiring extensive medical treatment. Examples may include:
- Minor strains or sprains
- Bruises
- Soft tissue injuries
- Minor cuts or abrasions
- Temporary soreness
Even injuries that seem minor at first can worsen over time. Neck injuries, back injuries, and concussions are common examples of conditions that may not fully develop until hours or days after an accident.
Imagine you’re rear-ended at a stoplight on Virginia Beach Boulevard and leave the scene with a sore neck. At first, you think it’s nothing more than stiffness, but two days later you’re diagnosed with whiplash and begin physical therapy. What seemed like a minor injury at the scene may ultimately require weeks or months of treatment.
When You May Not Need a Lawyer
Some claims can be resolved without hiring an attorney. For example, if:
- Liability is clear.
- The insurance company has accepted responsibility
- Your injuries required little medical treatment.
- You missed little or no work.
- Your medical bills are relatively limited
For example, you are bitten by a neighbor’s dog while walking through the neighborhood. The injury requires one visit to an urgent care clinic, heals without infection or scarring, and you quickly return to your normal activities. In that situation, you may decide to handle the claim without hiring a lawyer.
When You Should Consider Speaking With a Lawyer
Many people contact an attorney because they are unsure whether their claim is truly minor.
It may be worth scheduling a free consultation if:
- The insurance company disputes who caused the accident.
- You continue receiving medical treatment.
- Your injuries are getting worse instead of better.
- You missed work because of your injuries.
- A settlement was offered before you’ve completed treatment
- You are unsure what your claim may be worth.
Consider someone who is struck by a vehicle while crossing the street. At the emergency room, they are diagnosed with bruising and released the same day. Over the following weeks, however, persistent knee pain leads to an MRI that reveals a torn ligament requiring surgery. What initially appeared to be a relatively minor injury has become a much more significant claim. A free consultation can help you understand your legal rights before making important decisions.
Even if your injuries are relatively minor, the legal issues may not be. Virginia follows a strict contributory negligence rule. If the insurance company argues that you were even partially responsible for the accident, it may deny your claim entirely. If there is any dispute about how the accident happened or who was at fault, speaking with an attorney can help you understand your legal options.
Don’t Assume an Injury Is Minor Too Soon
One of the biggest mistakes people make is assuming they are fully recovered immediately after an accident.
Adrenaline can temporarily mask pain, and some injuries do not become apparent until later. Accepting a settlement before you understand the full extent of your injuries may prevent you from seeking additional compensation if your condition worsens.
A Settlement Is Usually Final
Once you accept a settlement and sign a release, your claim is closed for good, even if your injury later requires surgery, physical therapy, or other long-term treatment. Insurance companies know this, which is part of why they sometimes move quickly to offer a check before the full extent of an injury is clear.
Once you sign a release, you generally cannot reopen your claim simply because your injuries turned out to be more serious than you originally believed. So, before accepting a settlement, you should be reasonably confident that you understand the full extent of your injuries and whether additional treatment may be necessary.
In most personal injury cases, Virginia gives you two years from the date of the injury to file a lawsuit. While every situation is different, that generally means you do not need to rush into accepting the first settlement offer before you understand the full extent of your injuries.
Contact Our Virginia Personal Injury Lawyers
Even if you believe your injuries are minor, it can be helpful to understand your legal rights before deciding to go it alone. The Law Offices of Richard J. Serpe, PC has represented injured Virginians for decades. We can evaluate your situation and answer your questions during a free consultation.