What Does an Injury Attorney Do?
An
injury attorney is a lawyer who assists accident victims navigate the maze of legal procedures and insurance jargon. For instance, injury attorneys can assist victims with collecting medical bills and other documents that support damages in cases involving defective products or a mishap.
Injury attorneys will investigate the matter by interviewing witnesses and hiring experts to prove the claim. They will then file a lawsuit against the liable party.
Liability Analysis
In handling a personal injuries case, an attorney must be able analyze the unique circumstances of each client to determine what type of compensation they're eligible for. In most cases, a plaintiff may be entitled to reimbursement for two different types of losses: economic and non-economic damages. Economic damages cover repayments for the costs incurred by a person out of pocket such as medical bills and lost wages, while non-economic damages are a way to recover more intangible losses, such as mental suffering, pain and suffering and reduced enjoyment of life.
An injury lawyer must collect lots of evidence to determine the type of compensation a client might be entitled to. They also require an in-depth analysis of the law. This includes looking over California case law, applicable statutes and legal precedents. It also involves engaging with experts and analyzing medical causation, which is the determination whether or not injuries and limitations were caused by a specific accident or are a result of a pre-existing condition or age. This information is used to aid the injury attorney to negotiate a settlement or file a
lawsuit.
Preparation for Trial
The preparation for trial can be a long and complicated process. As trial gets closer,
lawsuit legal teams examine evidence, develop their theory of the case, and develop an appealing narrative that can most effectively present their theory to a jury.
In the course of trial preparation, our lawyers determine the necessary witnesses, plan depositions, and prepare them for cross-examination. They also write trial briefs to address anticipated arguments of substance by the opposing party, and trial binder which will hold the exhibit list (with annotations on objections), witness outlines and questions, and any pertinent laws or cases that will be used during trial.
It is important to keep in mind that the defense team will do everything in trial preparation to attack and discredit your claim and to show that you have not been injured as badly as you claim. This includes hiring private investigators to follow you and document things they could use at your trial. It is crucial to stay aware of your surroundings at all times, and to follow the instructions of your medical professionals.
You should choose an injury lawyer who is a member of a state or national association of lawyers that specialize in representing victims during the process of preparing for your trial. These associations provide ongoing legal education and lobbying activities in order to advance the rights for injury victims.
Negotiating a Settlement
After examining and gathering the evidence, your attorney will draft a settlement request. The request is sent to the insurance company along with any documentation that supports your request. This is usually the first step of an exchange of information process.
Insurance companies will try to limit or even deny your settlement request, and it is crucial to have a knowledgeable attorney. Your attorney will be able to tell you if it's in your best interest to file a lawsuit if the insurance company refuses a reasonable settlement.
Your lawyer for injury can draft a counter-offer if the settlement offered by the insurance company isn't enough to pay your medical bills and other losses. Your lawyer will take a careful look at your losses to ensure they cover all costs you have incurred in the past, including future medical bills and
lawsuit lost wages.
Many who sign up for settlements in the early stages without the help of an attorney are disappointed when they find out that the settlement does not meet their requirements. It is a mistake to rush into a settlement. Your lawyer will ensure that your agreement releases any liable parties and includes the language to protect you from possible health insurance, Medicare, or Medicaid lien issues. They can also negotiate for expedited settlement payment.
Filing a Lawsuit
If an insurance company is unwilling to settle a fair amount or the plaintiff is unable reach a satisfactory agreement with the defendant, it may be necessary to file a lawsuit. An injury attorney can help with every aspect of a lawsuit, from the initial consultation through the final decision.
The lawyer for your injury will examine the facts and decide if your case meets the legal requirements to file an individual injury claim. They will collect evidence such as medical records, eyewitness accounts police reports, and more. They will also examine documentation from all parties involved, including insurance companies.
After they have reviewed the evidence, an injury attorney will draft a lawsuit detailing how the defendant's actions resulted in your injuries and the remedies you are seeking. The complaint will outline tangible losses, such as medical expenses and property damage and tangible ones like pain, suffering, and disfigurement. It will also detail any punitive damages, which are meant to punish the defendant for their blatant negligence.
Your lawyer will examine the amount of monetary awards awarded in similar cases in order to determine the worth of your case. Once they have completed this process, they will discuss a representation agreement with you, should they choose to accept your case. If they choose not to, they will explain why so you can make an informed decision about your next steps.