Lawyer

Common Personal Injury Cases and Why to Hire a Lawyer

No one ever expects they will need a lawyer. But injuries happen when you least expect them, affecting every area of your life. The attorney you choose is the most important decision you will need to make. You need an effective advocate to fight for your rights.

An injury can have a serious impact on you and your family. You will face the biggest challenges of your life when you need to focus on healing. Insurance companies, along with the negligent party, may try to take advantage of your vulnerability.

What constitutes a personal injury? A personal injury is caused by the negligent acts of another person. Negligence means failure to exercise reasonable care, such as when a dog owner does not keep their pet confined and it bites someone. That is negligence on the part of the dog owner.

Here are the common personal injury cases:

  • Animal bites
  • Automobile accidents
  • Construction accidents
  • Slip and fall accidents
  • Abuse and assault
  • Product liability
  • Medical malpractice
  • Defamation

What to Expect From a Personal Injury Lawyer

  • Investigate your case
    • The attorney will investigate to determine liability. He will determine if the negligent acts of the other party were responsible for your injury.
    • During the investigation, the attorney will review the accident report, talk to witnesses, and question the victim about the incident.
    • In cases such as product liability and defamation, the attorney will determine if you have a valid case.
  • Identify responsible parties
    • Not all cases are straightforward when determining liability.
    • To win the case, you must pursue the right party.
    • If you consumed a defective product, is it the manufacturer or the store that is liable?
    • If a government vehicle injured you, do you sue the driver or the state?
  • Gather Documentation and Evidence
    • In an injury case, gathering evidence is crucial. If you are recuperating, you cannot gather it yourself.
    • The lawyer will collect all the relevant evidence for the case and gather the documentation to file a claim, such as
      • Photos of the scene
      • Official police reports
      • Medical information
      • Insurance information
      • Accident leave reports and income data from your employer
    • Calculate damages
      • The evidence, medical information, and income data gathered will help the attorney calculate damages. He will pursue the liable party for:
        • Medical expenses
        • Pain and suffering
        • Emotional distress/mental trauma
        • Loss of work
      • Experienced lawyers know how to quantify injuries and determine adequate compensation for their clients. He will then send a demand letter to the liable party or their insurer. The letter will demand payment for your injuries.
    • Negotiate with the insurance company
      • Most cases are resolved through a settlement with the insurance company. Only 3% of the cases go to trial.
      • This is a critical step. Insurance companies will offer a lower amount to settle your cases. The lawyer then negotiates with the insurance company to get the compensation you deserve.
      • If the insurance company rejects the claim or suggests an unsuitable settlement amount, the lawyer may recommend a trial.
    • File a lawsuit
      • If the case goes to trial, the attorney will gather all the evidence and documentation that will be useful in your case.
      • The evidence and witness should prove the negligent acts of the defendant.
    • Conduct discovery
      • Discovery is a pre-trial procedure.
      • This is the step where evidence is exchanged with the defendant’s attorney to build their case.
      • The attorney may cross-examine the defendant’s witnesses to learn what to expect from the defense.
    • Gather expert witness
      • Sometimes witnesses are necessary to prove negligence and damages, such as therapists, counselors, doctors, forensic experts, financial experts, and others.
    • Representation in court
      • The attorney will argue your case, question witnesses, and get you suitable compensation.
      • Most personal injury attorneys will charge on a contingency basis. Their fees are deducted from the settlement amount. This motivates them to work harder, as they get paid only if they win their case.

Hiring a personal injury lawyer is the best thing you can do after you are injured in an accident.

If you find yourself in need of a personal injury lawyer, contact a reliable injury attorney.

Your potential attorney should be conversant with the Colorado Worker’s Compensation Laws. It would be vital to deal with the expert lawyers of the employer along with insurance company lawyers opposing your claim. The experience and expertise of the attorney would help you receive fair compensation from the employer and the insurance company.

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