What Do Personal Injury Lawyers Do?Last updated on: October 10, 2022
It is perfectly legal to represent yourself in a personal injury case, and you may be tempted to do so when considering the alternative means seeking out a lawyer and dealing with their practices and their fees. When determining the value of acquiring a personal injury lawyer for your case, you should know what a personal injury lawyer brings to the table that benefits you and your case.
In simple terms, a personal injury lawyer assists individuals and families in recovering damages based on negligence. The practice requires specific skills, experience, and hard work.
Files A Lawsuit For Damages
If you hire a personal injury attorney, they will be responsible for filing your claim with the court, which is what officially begins your lawsuit.
Your claim isn’t just the starting point of what might eventually lead to a trial, though—it’s extremely important your initial plea is legally and factually sufficient, because otherwise a judge would dismiss your claim before even hearing the facts.
Personal injury attorneys know how to craft initial pleadings in the way most beneficial to your case, and will avoid getting your case dismissed on a technicality.
Identifies The Negligent Party
In some cases, the negligent party is obvious—the distracted driver, the manager who ignored safety precautions in the workplace, the doctor who performed an operation incorrectly. But in some cases, the negligent party may be harder to identify.
For example, if you are injured by medication, is the prescribing doctor or the pharmaceutical company negligent? If you are exposed to a toxic chemical on the job, was the manufacturer negligent, or the workplace that exposed you?
The answers to these questions relate to the various nuances of personal injury law as well as the exact circumstances of your case. A pharmaceutical company might be negligent if they incorrectly formulated a dosage of their medication, while the prescribing doctor might be negligent if they should have known the medication would cause the injury it did.
A personal injury lawyer will be able to listen to your story of what has happened and identify possible plaintiffs in a lawsuit.
Participates In Alternative Dispute Resolution
Your personal injury lawyer will help you resolve your case in whatever way is best for you, but that doesn’t necessarily mean going to trial.
While a jury trial is the most recognizable image of the legal system, very few cases ever actually make it there, and often, neither parties want to go to trial. Trials require a lot of intensive preparation and they can drag on continuously, a time-consuming as well as expensive process for everyone involved.
Many parties seek an alternate route to rectify their legal issues. Alternative dispute resolution is a process through which the two sides of a conflict submit to the mediation of a neutral party to bring about a settlement that both sides are willing to accept.
While no outcome can be guaranteed in the legal system, an experienced personal injury attorney will be able to give you some idea of your chances in court versus alternative dispute resolution, and can explain the legal consequences of whatever choice you make.
Finds Medical Experts And Requests Evaluations
In a negligence case, it isn’t enough just to prove that you have been injured. You also have to prove that the negligent actions of the individual who injured you were what caused your injury, and not any other circumstance.
In addition, asking for compensation for an injury means that any damages, loss of earning potential, or ongoing medical issues you sustain must be well-proven in court.
In order to provide evidence to the court as to why you deserve to be compensated for your injury, your personal injury attorney will have access to expert witnesses to testify about your injuries and how they occurred. A personal injury attorney knows what evidence will be most compelling and how it needs to be presented, and they have the resources to gather that evidence in ways that most private individuals do not.
Requests Bills, Records, And Economic Projections
Just as with medical bills, compensation for other damages requires the plaintiff to establish clearly what those costs are that need to be recouped.
Some cases are more straightforward than others; in a car accident, calculating the damage might be as simple as determining how much it will cost to repair the damaged car. But some cases can be complicated, especially when factoring in elements such as lost profits or future earning potential, and in these situations a personal injury attorney will be very helpful in determining an accurate picture of what needs to be compensated for in your case.
Establishes The Claim Through Investigation And Discovery
Negligence cases place a lot of importance on investigatory evidence to prove that a party was or was not being negligent.
Personal injury attorneys know this, and have extensive experience in gathering the evidence that will convince a judge or jury that their client was harmed by negligence.
Personal injury attorneys can use digital means of reconstruction to investigate accidents, speak to expert witnesses, and otherwise make a thorough investigation of the circumstances of their client’s claim in a way their client probably can’t on their own.
Prepares For Trial, Under The Right Circumstances
It’s true that trials can be time consuming and expensive. However, sometimes cases need to go to trial when a settlement is unable to be reached privately. In these cases, a personal injury lawyer has to argue for your claim to the court in the most compelling way possible as well as addressing the motions and arguments of the opposing side.
The legal system, and especially trials, can be extremely complicated, and your chances of succeeding in your claim will increase drastically if you have an experienced personal injury lawyer. Rules about conducting lawsuits can vary even from jurisdiction to jurisdiction, and a competent lawyer will be able to help you navigate this system.
Protects Your Right To Recover Compensation
Whether the opposing party in your claim is an individual, a corporation, or an insurance company, it’s unlikely they’ll willingly pay large amounts of money as compensation without hiring their own legal counsel.
In trying to disclaim their fault in the harm caused to you, the opposing party might accuse you of fault instead, try to dispute the nature of your injuries, or otherwise attempt to find fault in your claim.
Having an experienced attorney is extremely important when communicating with opposing parties because attorneys will know how best to express things so that you do not accidentally admit fault or say anything that damages your claim later.
Prepares A Settlement Demand And Negotiates A Settlement Agreement
In many cases, a personal injury claim can be resolved by a settlement. Often one or both parties want to avoid the expense and time of a trial. In addition, the outcome of a trial could be uncertain for both or either party, and in many cases, someone may want to mitigate their risk with a surer option.
Even if you do not have to go to trial, a personal injury attorney will be helpful in navigating a settlement offer. An attorney can determine how a settlement you have been offered compares to what you might receive at trial, and can inform you of what your rights and legal situation will be after you agree to a settlement. The decision to accept or deny a settlement will always be yours, but having the expertise of a lawyer will let you make the most informed decision possible.
Discusses Your Claim With Insurance Companies
The way you communicate with the other parties involved in your claim could have an effect on your changes for recovery.
One of the most important situations in which this is true is when communicating with insurance companies. Insurance companies do not make their money by paying out as much as possible to each claim; they want to retain as much of their capital as possible, and their agents are trained in getting claimants to admit fault and press for less compensation.
Having a personal injury lawyer means having someone well-versed in how to negotiate with insurance companies to help you with your communications, ensuring that you have the best possible chance of maintaining your claim.
Calculates The Value Of Your Damages
It is extremely difficult to calculate the value of a case.
Just a few of the factors that influence the value of a personal injury case include the severity of the injuries sustained, and whether or not treatment for them is ongoing; lost wages, or loss of employability in the future; property damages and repairs; and pain and suffering.
However, while it might not exactly match up with what a judge eventually awards in a claim, the plaintiff must give an accurate inventory of their damages and why they are pursuing compensation for each one.
While no one can predict how much a case is worth with perfect accuracy, an experienced personal injury attorney will be able to help you determine all of your damages, as well as keep you informed on your chances of recovery.
For example, damages for medical expenses are more commonly recovered than damages for emotional suffering, because medical expenses are much more easily quantifiable. In some states, the degree of fault that can be attributed to the plaintiff might also affect the value of damages.
What Types Of Cases Do Personal Injury Attorneys Handle?
Personal injury attorneys handle cases in which someone was harmed due to the actions of another.
The three typical types of personal injury cases are negligence, intentional torts, and strict liability.
Why Does An Injured Person Need A Lawyer?
If you have been injured in an accident, you are already dealing with a stressful situation. You shouldn’t have to worry about fighting for the compensation you deserve on top of that. Having a lawyer with your best interests at heart will ensure that you can focus on recovery while your lawyer pursues compensation for what has happened to you.
Contact Zinda Law Group Today
At Zinda Law Group, our experienced attorneys have recovered compensation for numerous clients across multiple jurisdictions. Your case will be handled with compassion and expertise, allowing you to rebuild your life without worrying about whether your claim is being handled well.
If you or a loved one has been injured, call Zinda Law Group today. Our No-Win, No-Fee Guarantee means that you don’t pay anything unless you receive a positive verdict.
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