Personal injury law is one of the most diverse legal subfields.
While most people associate personal injury attorneys with courtroom representations, their job description is cross-cutting.
In fact, only a fraction of personal injury claims wind up in a full trial. An experienced attorney will leverage their expertise to negotiate for an out-of-court settlement, allowing you to recoup your financial losses faster so you can focus on your recovery.
Read below as we expound on a personal injury lawyer’s job description.
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The duty to offer meaningful legal assistance cuts across all lawyers, including personal injury attorneys.
Professional personal injury lawyers are happy to provide useful advice on the legal aspects of your personal injury claim. Typically, this happens after carefully analyzing the facts of your case and determining if it has legal merits.
A personal injury attorney can also help to break down important legal jargon. While it’s not their mandate to provide you with a crash course in personal injury law, they have a duty to explain technical terms related to the case at hand.
However, to ensure you get the right legal counsel, hire an experienced local attorney with expertise in your domain. For example, if you reside in New York and need to deal with a personal injury case, hire one of the best New York personal injury lawyers.
Compelling evidence is necessary to win a personal injury claim. More importantly, every piece of evidence adduced must link your injuries to the alleged cause.
Personal injury attorneys are professionally trained in evidence documentation.
To uncover the cause of your injuries, the lawyer will typically start by collecting audiovisual details of the crime scene. They may also record witness statements (if any) and secure CCTV footage of the general surroundings.
A personal injury lawyer will then analyze these initial pieces of evidence, alongside medical treatment records and police reports, to build a solid legal strategy.
The evidence collected at the crash scene, coupled with medical records, is critical in determining the full extent of your damages.
Usually, your personal injury lawyer will review the medical reports to compute associated treatment expenses. These include emergency evacuations (where applicable), consultation and diagnostic fees, hospitalization costs, and the cost of ongoing treatment.
Besides, your lawyer will argue for the maximum compensation based on lost wages and emotional suffering. The fact that these metrics are difficult to quantify makes them easy to manipulate in your favor.
Legal clients have certain inalienable rights that must be upheld throughout the trial process. As a personal injury victim, you have a right to fair compensation.
Note that every negligent accident has financial implications. That underscores the significance of contacting a personal injury lawyer despite the severity of your injuries.
Personal injury victims also have a right to an expedited trial. Having the case settled fast enough enables you to focus on full recovery.
Your lawyer will interpret these rights, allowing you to proceed with the claims process better informed.
There are two primary approaches to pursuing personal injury claims, namely out-of-court settlements and full trial.
Out-of-court settlements are less time-intensive. If the negligent party is cooperative, you could reach an amicable deal within hours.
However, the defendant’s insurer may deploy stalling tactics or decline to offer compensation that your attorney deems to be commensurate with your injuries. In such cases, the matter will inevitably wind up in court.
Your personal injury lawyer will also explain how the legal process works. This is particularly important for claims that end in full trial, as courtroom attendees are required to observe certain basic procedures on adornment, speech, and conduct.
Personal injury attorneys have a duty to be forthright with their clients. While you hope that investigations find the other party wholly at fault, there are instances where you could share in the blame.
If you’re partly responsible for your injuries, your attorney will help apportion responsibility accordingly.
Personal injury cases in cities like New York are subject to a pure comparative negligence system, a fundamental doctrine that guarantees victims compensation despite their role in their injuries. That means you can recover damages even if you’re more than 50% responsible, although the compensation diminishes as your role in the accident increases.
Time is of the essence when prosecuting personal injury claims. To qualify for compensation, you must initiate the claims process before the statute of limitations expires.
The statute of limitations varies across jurisdictions. It’s generally three years from the date of an injury.
However, certain exemptions apply.
Injuries resulting in wrongful deaths typically have a two-year statute of limitation from the victim’s death, while claims against the government may be filed in as few as 90 days. If the injured is a minor, the statute of limitation doesn’t kick off until the victim becomes a legal adult.
Your personal injury attorney will help to interpret the statute of limitations applicable to your specific case.
Personal injury lawyers engage in negotiations with insurance companies, a complex process that requires convincing claims adjusters that you deserve the maximum compensation for your injuries.
Your lawyer will kick-start the process by sending out a demand letter to the defendant’s insurance companies. The insurers respond with a counteroffer, which your attorney may challenge with another counteroffer.
This back-and-forth tussle proceeds until both parties reach an amicable solution.
Besides, personal injury lawyers manage correspondence with insurance companies on your behalf. This prevents you from accepting liability or making self-incriminating statements.
A personal injury attorney represents your best interests throughout the claims process.
If the lawyer cannot reach an amicable deal with the defendant’s insurers, they’ll escalate the matter to a full trial by filing a formal complaint in court.
During the trial, your personal injury attorney will adduce critical evidence to solidify your case. They’ll also challenge the defendant’s theory and cross-examine witnesses while passionately pleading your case to the presiding judge.
As personal injury lawyers have their jobs cut out for them, proper research is critical while looking for a qualified attorney. Check that the individual you’re about to hire graduated from a recognized law school and has relevant certifications to that effect.
It’s also best to hire someone who specializes in personal injury law. Note that when it comes to this subfield, there’s no such thing as a ‘jack of all trades.’
Experience is another critical element when searching for a personal injury lawyer. Don’t just settle for a law firm that claims to have been around for years. Instead, ask for proof of satisfied clients and contact those referees on their overall experience working with the company.
Membership in professional associations, proven negotiation competencies, and excellent communication are equally worth considering while searching for a personal injury attorney. If you need assistance, contact Slam Dunk Attorney for legal help to ensure you have the best representation for your case.
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