If you’ve suffered severe injuries or financial losses due to another person’s breach of duty, you might have grounds for a personal injury lawsuit. Attorneys specializing in personal injury cases can assist you in obtaining payment for lost wages, medical costs, repair costs, and pain and suffering.
During a case evaluation, your lawyer will consider several things. These include:
Trial
Personal injury cases are settled out of court in most cases. But occasionally, a just settlement is out of reach. Your attorney will prepare for the test and file a lawsuit when it does. This preparation includes a detailed analysis of liability for your accident. It also thoroughly reviews applicable statutes, case law, and legal precedent. Throughout this process, your attorney will carefully assess medical records, obtain surveillance footage (if available), and retrieve police reports. They will also collect other evidence relevant to your claim, such as any photographs taken at the accident scene and copies of your prescriptions.
Often, your lawyer will have to conduct non-destructive testing on any product involved in the accident if it is potentially defective. It is a crucial step, as manufacturers often attempt to tamper with the evidence to avoid having their products found defective. Having strong and competent lawyers specializing in personal injury is essential.
Discovery
If you’ve ever been inside a courthouse, you’ve probably seen lawyers wheeling around Samsonite catalog cases and pushing folding carts stacked with cardboard boxes. Those carts contain the results of what’s known as discovery—a crucial pre-trial process where parties exchange information.
A personal injury lawyer will gather all relevant evidence to support your case. It includes recording statements from witnesses, assessing medical records, retrieving police reports, and consulting outside experts such as accident reconstruction specialists.
Your injury attorney will also review any documents you provide and recommend additional documentation. It may include income loss statements, property damage assessment reports, and correspondence with insurance companies. Suppose the at-fault party’s insurer denies responsibility or offers a low settlement offer. In that case, your injury lawyer will take charge of back-and-forth discussions, helping you negotiate a fair settlement amount. They can also prepare and file requests for admissions, interrogatories, and depositions on your behalf. All responses in these proceedings must be provided under oath and can be used as evidence in court.
Litigation
The attorney performs a detailed liability analysis once they have a complete evidence case. They will review applicable statutes, issues, and common law to establish a valid basis for a personal injury claim against the responsible parties. They also work to obtain medical reports that detail the extent of your injuries, employment records showing lost wages, and any other relevant documents to support a fair settlement amount. It is a complex process that requires extensive research and careful attention to detail to ensure you get the compensation you deserve. Your personal injury lawyer should also handle any back-and-forth discussions with insurance companies on your behalf. They’ve worked with insurance adjusters before, and they won’t force you to take a lowball offer. If a just settlement cannot be agreed upon, your lawyer will draft and submit the required court documents to begin a lawsuit. It is one of the most critical responsibilities a personal injury lawyer takes on.
Negotiation
Negotiations with insurance companies are a common way to settle personal injury claims; knowledgeable personal injury attorneys represent their clients in these discussions. They assist in calculating a fair compensation sum by considering lost wages, medical costs, and pain and suffering. They also ensure that any agreement adequately covers the accident victim’s future needs, including any care or treatment required. They may use experts to help substantiate claims, such as an economist or actuary, for financial projections of a person’s loss of earning potential after an injury.
A lawyer must file all relevant paperwork with the court on behalf of their client. Filing a lawsuit involves complicated procedures and strict deadlines, and it’s not a task for an inexperienced attorney. Personal injury attorneys have experience in the law and know how to present a case to a judge and jury. They also know the correct language and formatting to file legal documents properly. They may also have connections to investigators who can document evidence, interview witnesses, and develop theories about how an accident occurred.
