Ask The Expert: When Should You Call a Lawyer After an Injury?

Sep 7, 2026

When Should You Call a Lawyer After an Injury?

What to Expect and How to Choose One

BY DERICK RUNION (Guest Contributor)

There is a common misconception that you only need to call a personal injury attorney after a serious accident.

If someone is hospitalized, suffers a major brain injury, or is facing an obvious long-term disability, the need for legal guidance may be clear.

The harder situations are often the ones that do not seem serious at first.

You may walk away from a car crash, fall, or other accident feeling shaken up but relatively fine. You may have some soreness, headaches, or other symptoms and assume they will go away. You may not want to make a big deal out of what happened, much less call an attorney.

The problem is that you may not yet know the full extent of your injuries.

Derick Runion, Lawyer

“There is a common misconception that you only need to call a personal injury attorney after a serious accident. The problem is that you may not yet know the full extent of your injuries. What initially seemed like a minor injury can end up affecting your health, income, and daily life for much longer than you anticipated.”

— Derick Runion —

When Should You Call a Lawyer After an Injury?

What to Expect and How to Choose One

BY DERICK RUNION (Guest Contributor)

There is a common misconception that you only need to call a personal injury attorney after a serious accident.

If someone is hospitalized, suffers a major brain injury, or is facing an obvious long-term disability, the need for legal guidance may be clear.

The harder situations are often the ones that do not seem serious at first.

You may walk away from a car crash, fall, or other accident feeling shaken up but relatively fine. You may have some soreness, headaches, or other symptoms and assume they will go away. You may not want to make a big deal out of what happened, much less call an attorney.

The problem is that you may not yet know the full extent of your injuries.

Derick Runion, Lawyer

“There is a common misconception that you only need to call a personal injury attorney after a serious accident. The problem is that you may not yet know the full extent of your injuries. What initially seemed like a minor injury can end up affecting your health, income, and daily life for much longer than you anticipated.”

— Derick Runion —

Some symptoms develop gradually. Others become more significant when you return to work, try to resume normal activities, or simply realize weeks later that you are not recovering the way you expected.

What initially seemed like a minor injury can end up affecting your health, income, and daily life for much longer than you anticipated.

That does not mean everyone who is involved in an accident needs to hire a lawyer. But it does mean you should not assume that talking to one is only appropriate after a catastrophic injury.

Sometimes the value of getting legal advice early is simply understanding your options before you know exactly where your recovery is headed.

Why Early Advice Can Matter Even When You Feel Fine

Brain injuries are a good example of why the seriousness of an injury is not always obvious right away.

The CDC notes that some symptoms of a mild traumatic brain injury or concussion can appear immediately, while others may not become noticeable for hours or days. CDC guidance on mild TBI and concussion symptoms

That uncertainty is one reason I generally believe that, when there is a possibility of a meaningful injury, it is better to get legal advice sooner rather than later.

Calling an attorney does not mean you are filing a lawsuit. It does not even mean you have decided to hire one.

A conversation can simply help you understand what to pay attention to, which decisions could have consequences later, and whether there is anything that needs to be done now to protect your options.

From a legal standpoint, one of the most useful things an attorney can do early is create a boundary between the injured person and the other side.

Insurance companies may ask for recorded statements, medical authorizations, or detailed explanations of what happened and how you feel. Most people answer those questions in good faith. The problem is that you may be describing an injury before you fully understand it yourself.

When I represent someone, I generally do not want my client having unnecessary direct interactions with the insurance company or corporate defendant.

Part of my role is to stand between the client and the other side so the client can focus on recovery while we focus on communications, evidence, liability, and the claim.

Your Health Comes First

I say this often: your health is your most important asset.

The legal claim should follow the medical reality, not the other way around. The first priority after an injury is getting appropriate medical care and doing what is necessary to get your health back to square one, or as close to your pre-injury condition as possible.

That is also why I am cautious about trying to resolve a claim too early.

Two questions I hear constantly are, “How much is my case worth?” and “How long is this going to take?”

The truthful answer to both is usually: it depends.

The value of a claim can depend on the nature and duration of the injuries, the medical treatment required, time missed from work, whether there are lasting limitations, who was responsible, and the insurance coverage available.

The timeline can depend on many of those same factors. I never want to contemplate closing a case until we have a much clearer understanding of what is happening with the client’s health and what it may take to get that person back to their pre-injury condition.

If we do not yet understand the injury, we probably do not understand its full financial impact either.

When You May Not Need a Lawyer

Not every accident requires legal representation.

If there is no physical injury, property damage is minor, responsibility is clear, and the insurance company is handling the claim appropriately, hiring an attorney may provide little benefit.

I have written more specifically about when someone may and may not need a lawyer after an Arizona car accident, and I think it is important for attorneys to be candid about that distinction.

The reasons to at least speak with an attorney become stronger when symptoms continue or change, you are missing work, responsibility is disputed, an insurer is pushing for a quick settlement, the available insurance may not be enough, or a business, commercial vehicle, or government entity is involved.

The more uncertainty there is about your recovery or the claim, the more useful it can be to understand your options before making decisions that may be difficult to undo.

Why Waiting Can Matter in Arizona

There is also a practical reason not to assume you can always deal with the legal side later.

For many Arizona personal injury claims, A.R.S. § 12-542 generally provides a two-year limitations period after the claim accrues. Read A.R.S. § 12-542

Claims involving public entities can move much faster. Arizona’s notice-of-claim requirements generally require a person with a claim against a public entity, public school, or public employee to submit a formal claim within 180 days after the claim accrues. Arizona Attorney General guidance on claims against public entities

That can become relevant after incidents involving government vehicles, public schools, public transportation, public employees, or government-maintained property.

Arizona also follows a comparative negligence system. If an injured person is found partly responsible for causing the injury, the person’s damages can generally be reduced in proportion to their share of fault. Arizona’s comparative negligence statute

These rules contain exceptions and can depend heavily on the facts. The point is not that everyone should rush to file a lawsuit. It is that waiting until you are certain you have a serious legal problem can sometimes mean waiting too long to protect all of your options.

What Happens When You Contact a Personal Injury Attorney?

The first conversation should not feel like a commitment.

An attorney will usually want to understand what happened, what symptoms or injuries you are experiencing, what medical care you have received, what insurance is involved, whether anyone is disputing responsibility, and whether evidence or deadlines require immediate attention.

The attorney should also be deciding whether representation would actually benefit you.

If you decide to hire one, the lawyer may begin collecting records, preserving evidence, communicating with insurance companies, investigating liability, documenting losses, and following the progression of your medical care.

Early evidence can be particularly important in certain types of cases.

Truck crashes are a good example. Commercial trucking companies are sophisticated businesses, and they may have teams responding to a serious collision and gathering information almost immediately. In those situations, an attorney needs to understand the trucking industry, what evidence may exist, and what needs to be preserved.

That illustrates a broader point when choosing an attorney: experience with personal injury law generally is important, but experience with the specific type of case can matter too.

What Should You Look for When Choosing an Attorney?

If you decide to speak with a lawyer, remember that you are interviewing the attorney just as much as the attorney is evaluating your case.

Ask about relevant experience. Has the lawyer handled cases involving circumstances and injuries similar to yours? If the case involves a traumatic brain injury, commercial truck, or another specialized area, ask specifically about that experience.

Find out who will actually handle your case. The attorney you initially meet may or may not be your day-to-day contact. Ask how the firm works, who you will communicate with, and how you will receive updates.

Understand the fee agreement. Personal injury cases are commonly handled on a contingency-fee basis, but you should still know the percentage being charged, whether it changes if litigation is necessary, how case expenses are handled, and what happens to those expenses if there is no recovery.

Be cautious about guarantees. I do not believe an attorney can responsibly tell someone exactly what a case is worth or promise a particular outcome during an initial meeting. There are simply too many facts that may still be unknown.

Pay attention to whether the attorney listens. Your case is not just a stack of medical bills. It is about what the injury has done to your health, your work, your family, and your ability to live the life you had before. An attorney needs to understand that to represent you effectively.

You should leave the conversation feeling more informed, not pressured into signing something.

Talking to a Lawyer Does Not Mean You Are “That Person”

A lot of people hesitate to contact an attorney because they do not want to be litigious or make more out of an accident than it deserves.

I understand that.

But speaking with an attorney is not the same thing as suing someone. It is a way to get information.

You may speak with a lawyer and learn that you probably do not need representation. You may learn that there are issues you had not considered. Either way, you are making the decision with more information than you had before.

The risk is not that every minor accident will turn into a major injury. Most will not.

The risk is deciding too early that yours cannot.

If an injury eventually affects your ability to work, care for your family, or live the way you did before, you do not want to discover that you gave up important options simply because the accident did not seem serious on day one.

Take care of your health first. Pay attention to changes. Keep records. Ask questions. And if you are uncertain about the legal side, getting advice early can help you understand your choices while you still have them.

ABOUT THE GUEST CONTRIBUTOR

Derick Runion is the founding partner of Runion Personal Injury Lawyers in Phoenix and has practiced personal injury law in Arizona since 2011.

Runion

This article is provided for general educational purposes and is not legal advice. Laws, deadlines, and legal rights can vary depending on the facts of an individual case.

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