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What is a Personal Injury Lawyer?

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A man standing next to a damaged car after an accident.

Personal injury lawyers are individuals that offers legal representation to those that have been injured in an accident. They work through tort law, in which includes negligent acts in addition to intentional ones. They seek compensation for accident victims.

Types of Personal Injury Cases

Personal injury cases typically involve the careless acts of others. This includes vehicle accidents, including motorcycle and truck accidents. Personal injury lawyers might also oversee other types of transportation accidents, comprising of aviation, bike, mass transit, boating and pedestrian accidents. They might also oversee cases involving premises liability, comprising of careless security, slip and falls and dog/animal bites and/or attacks. They might also oversee cases involving retirement home abuse and/or neglect and construction accidents. Cases involving medical malpractice also fall under the personal injury cases umbrella.

Types of Compensation

Personal injury complainants might be entitled to compensation for the damages that they have endured. This includes medical costs, income loss, loss of earning capability, emotional misery, companionship loss, loss of happiness of life, mental distress and/or pain and suffering.

Acts of Personal Injury Lawyers

The specific actions that personal injury lawyers carry out is subject to the type of case, specialized area and where they are in the steps of a case. Many of the actions that personal injury lawyers carry out and how they benefit your case comprise of:

Investigating Claims

Personal injury lawyers typically work on a “contingency fee” basis in which they only charge their fees following them having retained a settlement or jury verdict. Since they usually finance personal injury cases, they take immense care in screening possible clients and assessing the facts of the case. A personal injury lawyer is not going to want to take on a case that they don’t think is going to result in a win for their client.

Gathering Evidence

A personal injury lawyer gathers evidence to support the plaintiff’s claim, obtaining police or incident reports. They track down and collect statements from witnesses, take or oversee photographs, and retain evidence such as property damage, CCTV footage, or other relevant proof for the case.

Evidence may determine liability for who was the cause of the accident and the degree of the damages that the plaintiff endured. Evidence might include medical reports and/or records, bills, employment paperwork, employment and/or property damage reports.

Insurance Company Negotiations

Most individuals do not negotiate as part of their everyday lives. Nevertheless, personal injury lawyers are accustomed with negotiating with insurance companies. They can examine the policy details and establish the maximum degree of compensation that might be available based on the particular circumstances of the case. A personal injury lawyer might also oversee all correspondence with the insurance company and hinder the injured victim from doing anything that might compromise their claim, like giving a recorded statement.

Sending Demand Letters

A personal injury lawyer might send demanding letters to an insurance company after comprehensively investigating their clients claim. This letter details the facts of the accident and demands a particular amount of damages for the injury that the defendant was the cause of.

Preparing Pleadings

If the insurance company declines to offer a settlement that is fair, the personal injury lawyer might prepare a grievance against the defendant. The grievance sets out the legal arguments concerning why the defendant is accountable for the accident. The grievance also specifies the amount of damages that the client is pursuing.

The defendant commonly has 30 days from the date of receiving the grievance to prepare a response to it.

Conducting Discovery

The plaintiff’s lawyer might start discovery processes. This includes sending investigators to the defendant to request for certain information. This can also comprise of deposing those involved, witnesses and experts.

Representing Clients at Trial

If the case progresses to trial, a personal injury lawyer offers their client representation in court. They are accustomed with court traditions and procedures and can guarantee that these steps are followed carefully.

Contact a Lawyer for Help

It is vital to have a personal injury lawyer along with you when you have been injured in an accident that was caused by another person. Your lawyer can assist you in balancing the scales do to the fact that the other side is going to probably have a lawyer too. They can make use of resources such as expert witnesses and P.I.’s when required.

Source:

  1. What does a Personal Injury Lawyer Do and Why is it Beneficial to Hire One? Hg.org. (n.d.). Retrieved April 19, 2022, from https://www.hg.org/legal-articles/what-does-a-personal-injury-lawyer-do-and-why-is-it-beneficial-to-hire-one-46150

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