How personal injury lawyers fight for the rights of clients
Accidents and injuries have become an increasingly unfortunate everyday reality. According to the United States Courts website statistics, personal injury/product liability filings surged 97% in 2020.
In such situations, the support of experienced injury lawyers is crucial to help fight for victims’ rights. By hiring a qualified personal injury lawyer, your interests are safeguarded in the aftermath of mishaps arising due to the negligence of others.
Let’s explore the world of personal injury law and glean insights into how personal injury lawyers navigate the tricky world of litigation to fight for the rights of their clients.
Understanding personal injury law
Personal injury law – tort law – is a branch of civil law dealing with cases involving physical or emotional harm to an individual resulting from another person’s negligent or intentional actions. Primarily, the objective of personal injury law is to provide financial compensation to the victim, thus helping them recover from their losses and resume their normal life.
Common types of personal injury cases
Common types of personal injury cases include:
- Car/motorcycle/bicycle accidents
- Slip and fall accidents
- Medical malpractice
- Product liability
- Workplace accidents
- Dog bites
The legal basis for personal injury claims
The foundation of personal injury claims lies in the legal concept of negligence, which occurs when an individual or entity fails to exercise reasonable care, harming another person. To establish negligence, a personal injury lawyer proves four elements of such cases:
Role of a personal injury lawyer
Personal injury lawyers play various critical roles in fighting for their client’s rights, including:
- Client representation: Personal injury lawyers represent their client’s best interests throughout the legal process, ensuring their rights are protected and they receive fair compensation.
- Investigation and evidence gathering: Personal injury lawyers conduct thorough investigations and gather crucial evidence that supports their client’s claim. This process involves reviewing police reports, medical records, and witness statements, conducting accident scene inspections, and obtaining expert opinions.
- Negotiation and communication with insurance companies: Personal injury lawyers are skilled negotiators and communicate with insurance companies on behalf of their clients.
- Legal strategy and case preparation: Personal injury lawyers develop solid legal strategies and prepare their client’s cases for trial when necessary. This includes drafting pleadings, motions, and other legal documents and preparing their client and witnesses for testimony.
Proving liability in personal injury cases
To prove liability in a personal injury case, injury attorneys establish negligence by demonstrating that the accused party owed a duty of care, breached that duty, and caused the plaintiff’s injuries as a result.
To demonstrate negligence and thereby prove liability, personal injury lawyers use expert witnesses who provide these legal professionals with specialized knowledge and opinions on various aspects of the case, such as medical, engineering, or financial matters.
Furthermore, personal injury lawyers demonstrate causation and damages by showing that the defendant’s actions directly caused the plaintiff’s injuries and resulted in quantifiable damages, such as medical expenses, lost wages, and pain/suffering. They use the evidence collected, such as photographs, videos, witness statements, and expert testimony, to achieve this objective.
Securing fair compensation for clients
Essentially, personal injury clients are entitled to:
- Economic damages that include medical expenses and lost wages
- Non-economic damages that include pain and suffering, emotional distress
- In some cases, punitive damages
Personal injury lawyers fight for the rights of their clients by ensuring the accurate calculation of compensation. This entails assessing the extent of the client’s damages, factoring in their current and future medical expenses, lost income, and non-economic damages.
Additionally, these legal experts employ various strategies to maximize their client’s compensation, such as presenting a persuasive case, leveraging expert testimony, and negotiating aggressively with insurance companies.
Steps in a personal injury case
Typically, personal injury cases involve the following steps:
- Initial consultation and case evaluation whereby the personal injury lawyer evaluates the client’s case to determine its merits and potential for success.
- Filing a claim which happens after the attorney determines that the client’s case has merit, and when necessary, they initiate a lawsuit against the at-fault party.
- In the discovery process and information exchange, all parties exchange information and evidence relevant to the case to develop legal strategies accordingly.
- Settlement, negotiation, or trial where all parties involved agree on compensation or resort to going to court.
- Post-trial procedures and appeals happen when either party believes legal errors occurred during the process. At this phase, the personal injury lawyer helps their client collect the awarded compensation and enforces the judgment if necessary.
Choose the right personal injury lawyer for the success of your case
In the unfortunate circumstance that you’re involved in an accident, finding the right personal injury lawyer is key to a successful claim.
Ensure that the attorney you choose is experienced and specializes in the field of personal injury law – additionally, research their reputation and track record. Be on the lookout for an attorney or law firm that values communication and builds a rapport that instills confidence.
Need to protect your interest? Talk to reputable personal injury lawyers today. Let reliable personal injury attorneys bring their experience and knowledge to secure the best results for your case.