What Do Personal Injury Lawyers Do? A personal injury lawyer can help with an injury claim in numerous ways, including the following:
CONDUCTING AN INVESTIGATION Personal injury attorneys always exercise care when taking on new clients since they typically finance cases themselves, making their money through a percentage of recovered compensation rather than upfront legal fees. Before they take a case, an attorney will assess the situation to determine whether the client has a valid claim. Personal injury lawyers don’t typically agree to work on a case unless they believe they have a solid chance of winning it for the client.
GATHERING EVIDENCE Once a personal injury attorney has decided to take a case, they will gather evidence of liability, which can be used to support the client’s claim. For instance, a personal injury attorney would likely seek out copies of any police or accident reports, medical records, and other documentation. If there were any witnesses to the incident that caused the client’s injury, the attorney may locate those people and get them to give statements. They may also compile visual evidence, such as photos taken at the scene of the accident or surveillance camera footage that captured the incident. Additionally, they might consult with experts who can provide testimony to support the client’s claim, including medical, mental health, and accident reconstruction experts. They will move quickly to gather and preserve any evidence that could potentially be lost or destroyed. This evidence can then be used to demonstrate that the alleged at-fault party was indeed responsible for the client’s injury.
DETERMINING THE VALUE OF YOUR CLAIM A personal injury attorney will calculate the value of the client’s claim once the severity and extent of their injuries and losses are known. The attorney’s goal is to help the client recover the maximum possible compensation for each loss they suffered. Losses can be economic, like medical expenses and lost income, or non-economic, like pain and suffering. For wrongful death cases, a personal injury attorney may be able to help a family recover compensation for funeral and burial expenses, medical bills incurred by the deceased person before they passed away, loss of household services, and loss of companionship, guidance, love, and affection.
NEGOTIATING WITH INSURANCE COMPANIES Personal injury lawyers have extensive experience negotiating with insurance providers, and they understand the tactics that insurance companies use to save money by reducing or denying claims. Injury victims stand a much better chance of securing a fair settlement if they have a personal injury lawyer to negotiate with the insurer and its legal team on their behalf. Personal injury attorneys often handle all other communications with the insurance company as well, which prevents the client from accidentally making a mistake that could jeopardize their claim.
PREPARING AND FILING COMPLAINTS If settlement talks fall through, or the insurance company simply refuses to offer a fair settlement, a personal injury lawyer may take legal action by preparing and filing a lawsuit against the at-fault party. Referred to as a complaint, this legal document lays out the reasons why that party, now called the defendant, is liable for the injuries suffered by their client, who is now called the plaintiff. It also specifies the amount of compensation the plaintiff is seeking.
ENTERING DISCOVERY During discovery, which occurs in the pre-trial stage of the legal process, a personal injury attorney will turn over evidence that they have collected to the defense and request evidence from the defendant’s legal team. They may also conduct depositions with experts and witnesses.
