People often seek the services of a personal injury attorney after an accident or any other event that caused an injury. Automobile accidents are among the causes of people seeking legal assistance. Legal help may also be necessary for slip-and-fall accidents that occur on someone else’s property. Before the lawyer can take on your case, they evaluate your case in the following ways:
Determine Liability
A personal injury attorney can analyze the legal responsibility that the defendant has towards the plaintiff. This includes proving that the defendant had a legal duty to do something or to refrain from doing something that caused harm. They then evaluate if there has been a breach of duty. This means identifying whether the defendant was negligent or did not act as a reasonable person would under the circumstances.
Lawyers analyze the causation that links the breach of duty and the injury. They have to prove that the defendant was responsible for the plaintiff’s loss in some way. This may require acquiring evidence such as statements from eyewitnesses, the experience of professional witnesses, and documents. They also look at whether it was reasonably foreseeable that the defendant’s action could cause harm. If the injury was a direct consequence of the defendant’s actions or negligent behavior, the plaintiff may be more likely to succeed in proving negligence.
Evaluate Damages
Economic damages are real damages like medical bills, salary loss, and damage to property. They are easier to measure and clearly associated with the injury. Another type is called non-economic damages, which include general damages such as pain and suffering, mental and emotional trauma, and loss of enjoyment of life.
Economic damages are much easier to quantify, while non-economic damages require a more profound understanding of the plaintiff’s overall quality of life. There are also punitive damages where an employee has been involved in extreme misconduct or gross negligence. These damages are meant for the defendant to pay as a penalty and to discourage the defendant from engaging in similar conduct.
Gather Evidence
In a personal injury case, practitioners gather different forms of materials to substantiate their argument. This often comprises medical records and bills that point out the degree of injury and cost. When filling out insurance claims, official reports from the police or any other relevant authorities give details of the occurrence. The photos and videos of the accident scene, the people involved, and the damaged properties can serve as tangible evidence of the losses.
Witness testimonies and expert opinions are helpful to support the client’s story and proof of negligence or recklessness. Employment records and pay stubs help determine lost wages arising from the injury. With surveillance videos, it would be possible to establish how the occurrence of the event led to the injuries. Tangible items, including destroyed items belonging to the victim or products that caused a malfunction, can also be part of the evidence. Other types of evidence include insurance policy forms, letters to and from insurance firms, and any other health records that may be pertinent to this case.
Pursue Compensation
After giving notice to the concerned parties, the lawyer determines negligence and quantifies the loss, such as hospital bills, lost income, and compensation for the injury or anguish. The lawyer will then write the demand letter containing the details of the claim and the compensation that is sought. Closings ensue, during which the lawyer lobbies on behalf of the client. If these discussions do not produce the desired results, the lawyer can decide to sue. This marks the beginning of discovery, during which the parties engage in discovery through interrogatories, depositions, and document production.
During this time, the lawyer can also still be bargaining, possibly through mediation or arbitration. Should the parties agree on any settlement at any stage of the process, the lawyer studies the terms and helps in the implementation of the settlement. The lawyer will go to trial and present the case in court if there is no settlement. After trial, they file any necessary motions or appeals before disbursing the settlement or judgment to their client.
Working With a Personal Injury Attorney
An attorney has extensive knowledge of the relevant laws and regulations concerning personal injuries. They can fairly evaluate the damages you are entitled to and engage in dealings with insurance providers. They investigate, question witnesses, and collect all facts necessary for the case. Do not face your personal injury case all by yourself. Call a personal injury lawyer to increase your chances of being compensated fairly.
