Personal injury lawyers have an important role in our society. If you have been involved in an accident where someone’s negligence caused you physical or emotional pain, you will come to know their importance for sure. They do their best to get you compensation and serve justice. They either negotiate with the insurance company or take your case to trial. In both cases, they do a lot of work on your behalf. What are the accidents that can turn into personal injury cases, and what can a lawyer do? Let’s find out. (Image Credits: August de Richelieu/Pexels)
Types of Personal Injury Cases
Any physical or mental injury counts as a personal injury. Here are some of the common cases a personal injury lawyer handles:
- Car Accident Claims
- Slip and Fall Accidents
- Medical Malpractice
- Dog Bites
- Premises Liability
- Assault
- Workplace Accidents
- Defamation Claims
- Construction Injuries
- Product Liability
What a Personal Injury Lawyer Does
Advice You of Your Rights
The first thing that happens when you consult a lawyer is that he listens to you, asks questions, and advises you of your rights. He can talk to you about the statute of limitations. That is the time before which you have to file a claim or it’s invalid. It can be one or two years in some states. He can also explain your position in case of comparative negligence. He should be knowledgeable about the laws of every state, to be able to recommend the best steps to take.
Investigate the Accident
Now that you’ve consulted a lawyer and they’ve discussed your rights, they can take it from here. A good lawyer will investigate every aspect of the accident through his investigators. The investigation will include visiting the accident scene, talking to witnesses, acquiring the police report, medical records, and bills. The legal team at Trollinger Law LLC states that a good lawyer should hold the at-fault party accountable for everything, including medical bills, lost income, pain, and suffering. Look for good lawyers in your area that make sure you get what’s rightfully yours.
Assess Damages
Your lawyer has been fighting victims of personal injuries for years. They will know better how to make a real assessment of the damages caused by the accident and even ask an economist or actuary to help them make a sound assessment. They can estimate the long term effect on injuries. That can be a loss of income or earning capacity in case the victim becomes disabled.
Negotiate with Insurance Companies
While your lawyer is preparing your case, they know very well that the insurance company is doing the same. They are investigating, collecting evidence, and building a case against you. After your lawyer builds your case, he sends a demand letter to the insurance company. It contains the payout amount, an overview of the case, and an explanation of expenses and losses. This is the start of negotiations. The insurance company will either agree, refuse to pay, or offer a lesser amount. If your lawyer and the insurance company can’t agree on a settlement, your lawyer may file a lawsuit.
Do the Litigation Process
The litigation process is a long process that may take months or longer. It starts with filing a complaint, which is a legal document with the legal arguments, facts, and demands. The complaint is served to the defendant, who responds with what is called ‘the answer’. Then there’s the discovery process where both sides exchange information in the form of dispositions, requests for documents, and interrogatories. Then there’s a pre-trial motion that your lawyer may use to prevent the defendant from using a specific piece of evidence. Every step of the process is done by your lawyer, who will keep you informed of updates.
Represent You in Court
The final part is the hardest part, which is representation in a trial. Most personal injury cases don’t end up in courts, they get settled in negotiations. You have to trust your lawyer from the start to be able to plead your case in court. They should have great social skills that will help you win the case. Choose an expert and experienced lawyer to handle the litigation process and the trial.
Your lawyer is someone you will have to deal with for a long time until everything is settled, that’s why you have to make a good choice. Go with a lawyer you can trust and talk to. They have to be committed to your case, and adamant to get you the compensation you deserve. And they have to be willing to go the extra mile and take the case to court from the first day.