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The News God > Blog > Law > Recognizing Your Personal Injury Lawyer’s Function in Your Legal Path
Law

Recognizing Your Personal Injury Lawyer’s Function in Your Legal Path

Rose Tillerson Bankson
Last updated: March 18, 2024 5:56 am
Rose Tillerson Bankson - Editor
March 18, 2024
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When you work with a personal injury attorney, you can hold the people who caused the harm accountable and get just financial compensation for your losses. From medical records to witness statements and expert testimony to photographs and video evidence, the arsenal of tools your lawyer has at their disposal can strengthen your case.

Collecting Compensation

Once an attorney has established liability, they can calculate your damages. It involves adding up your quantifiable costs, such as medical bills, prescriptions, mobility devices, and ongoing treatment costs. It also involves calculating your non-economic damages, such as pain and suffering. Ultimately, a personal injury attorney’s guidance and expertise significantly impact your case, ensuring you receive the compensation you deserve. If you settle outside court, your lawyer will handle all necessary paperwork and meet important filing deadlines. If someone else’s negligence caused an accident that resulted in your injuries, you need to get in touch with a results-driven personal injury attorney right away. This kind of attorney will not accept paltry settlement offers and will fight for your desired results.

Establishing Liability

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Determining liability is at the heart of personal injury cases. It requires a direct correlation between a defendant’s breach of duty and the plaintiff’s harm. It requires thoroughly investigating the incident and obtaining evidence like police reports, witness testimony, surveillance footage, medical records, and expert opinions. A knowledgeable injury lawyer will spend the necessary time learning about the specifics of your accident and its cause. To determine if you have a valid claim for damages, your lawyer will prepare a demand package that outlines your losses and how they have affected you personally, professionally, physically, and emotionally. It includes calculating the cost of your injuries, lost income, and pain and suffering. It is the basis for your compensation request.

Negotiating

Most personal injury cases are settled without going through a full civil trial. However, when an accident results in a courtroom battle, a qualified personal injury attorney can provide expertise and guidance through the mediation or litigation settlement conference process and negotiations with insurance companies. Effective negotiation depends on understanding all parties’ interests and motivations. An attorney can help an injured party understand their case in a way that is not clouded by fear, anger, stress, or other emotional reactions. A personal injury lawyer can also help a victim establish their damages by calculating the cost of medical bills, future rehabilitation costs, and lost wages. Not-for-profit losses like pain and suffering may also be included. The objective is to secure compensation that meets a victim’s needs and is proportional to the accident’s consequences.

Gathering Evidence

Good evidence is crucial for constructing a compelling legal case. Documents and receipts about medical care and damages, witness names and contact details, and visual documentation from the accident scene are all examples of what can be included. Witness statements can be powerful in a personal injury case because they offer direct insight into what happened. This type of evidence is often more convincing than circumstantial or indirect evidence. Along with compiling your medical bills and records, your lawyer will draft a theory of liability, consult with doctors regarding the severity and permanence of your injuries, and prepare for interrogations or depositions. They will then prepare a demand package to present to the insurance company.

Filing a Lawsuit

Typically, civil lawsuits are monetary and aim to compensate plaintiffs for their losses. A personal injury lawyer is often instrumental in ensuring that this compensation is fair and comprehensive by securing compensation that covers path and future medical expenses, lost earning capacity, loss of quality of life, emotional distress, and more. Personal injury attorneys also handle filing paperwork on behalf of their clients, which is essential given that each jurisdiction has a statute of limitations that dictates the window of time within which victims can file for compensation. They are also adept at handling the investigative process, collecting quality evidence, and securing witness statements. Their expertise saves clients time, stress, and money and ensures their claims are filed correctly. They may also help their clients pursue punitive damages in cases involving egregious conduct.

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