One second your life is normal and the next you find yourself in an accident. One second you are driving to work, the next you find yourself laid up in bed with bills piling up and lost wages. You are in the worst place in your life and everyone and their mother is giving you advice, with one of them being “Call a personal injury lawyer.” The question is what do they do and is it really necessary?
This guide will help to explain the most important aspects of a personal injury lawyer. We will be going over common types of cases, the various benefits of having one and the most important aspect: how to pick the best lawyer for your case.
Personal Injury Lawyers Explained
A personal injury lawyer represents the legal interests of the accident victim. Injuries can occur in a multitude of circumstances and through various vehicles. The one through line with any personal injury case is the negligent act of one person, company or entity, that injures another person physically or psychologically. The lawyer is there to ensure you are properly compensated for your losses, whether they are financial (medical bills, loss of income), or physical (pain and suffering).
This field of law requires a great deal of legal expertise and an intimate understanding of the justice system. In other words, a personal injury lawyer will act as your legal representative from start to finish of your case.
Day to Day Roles of a Personal Injury Lawyer
Every lawyer and case is different, but as a whole, this is what a personal injury lawyer does on a daily basis:
Investigate: Gather Evidence – The evidence of a case is the lifeblood of a personal injury claim. The lawyer will compile all the facts of the case including police reports, medical records, witness statements, photos of the scene, and even their own investigations and expert witnesses to prove what happened and who was at fault.
Legal Counsel – The lawyer will go over your rights and legal options. They will explain them in simple terms as the legal system is notoriously difficult to navigate. This way you can make informed decisions on your own.
Communication – A personal injury lawyer acts as a centralized contact between the insurance company of the at-fault party, other lawyers and medical providers. The insurance company will call, email and request paperwork from you constantly. The lawyer will handle all of it so that you can concentrate on recovery without the added stress.
Negotiate – Most personal injury cases are settled outside of the courtroom. The lawyer will go to the insurance company with your claim and negotiate a fair settlement that covers all your damages. Adjusters for insurance companies are trained to reduce the settlement amount, but your lawyer will be able to deal with them and counter their arguments.
Trial – If you and your lawyer are unable to negotiate a fair settlement, then he or she will file a lawsuit and represent you in court. They will be in charge of every aspect of the trial such as filing motions, jury selection, selecting experts, creating exhibits, delivering opening and closing statements and presenting arguments and evidence to the judge and jury.
Personal Injury Cases
There are numerous types of cases a personal injury lawyer can be involved in. The simple answer is any time one person’s negligence causes harm to another. Here are the most common varieties:
Car Accidents – Accidents between two cars, trucks and motorcycles are one of the leading causes of personal injury lawsuits. Lawyers will handle any injury case that involves motor vehicles on the road. If a drunk driver hits you, a lawyer will be able to help with the claims process and help prove the other driver’s fault, even in more complex multi-vehicle pileups.
Slip and Fall – Property owners are legally required to maintain a safe environment for visitors to their property. If you slip on an unmarked wet floor in a grocery store, trip over a broken sidewalk curb, or get hurt in another way due to someone else’s negligence on the property, they may be liable for your injuries. This is called premises liability.
Medical Malpractice – When a doctor, nurse, pharmacist or hospital does not meet a professional standard of care and a patient is injured as a result, this is a medical malpractice lawsuit. These cases are complex and require a great deal of legal and medical knowledge.
Workplace Accidents – The vast majority of workplace accidents are handled by workers compensation, where an employer pays into a fund in case of an employee injury. However, if a third party was responsible for your injury on the job, such as a faulty equipment manufacturer, you can file a personal injury lawsuit instead.
Product Liability – If you are injured by a product, the manufacturer, designer or distributor of that product may be held liable for your losses. This can include faulty car parts, a dangerous prescription drug, or a defective children’s toy, and any other defective or unreasonably dangerous product.
Wrongful Death – In the event of the most tragic accidents, a personal injury lawyer can help the surviving loved ones file a wrongful death claim to help them with their loss. These can include medical and funeral expenses, loss of future financial support, and other damages.
Car Accident Settlement Stages
Myth Busting With a Personal Injury Lawyer
Many people do not seek out a personal injury lawyer because of misunderstandings about what they do. Let us clear some of that up:
Myth 1: Lawyers are too expensive.
Personal injury lawyers work on what is called a contingency basis. This means that they are only paid if they win the case. If they lose, the client owes them nothing. If they win, their fees are a percentage of the total award. You do not pay upfront, which means anyone can afford a personal injury lawyer.
Myth 2: I will take care of my claim myself.
Insurance adjusters are highly trained in getting you to accept the lowest payout possible. Their job is to protect the financial interests of the company they work for. They will attempt to get you to admit you were partially at fault and offer a lowball figure while you have no idea how severe your injuries are. A personal injury lawyer is your equalizer and can make sure your interests are protected.
Myth 3: Personal injury lawyers are “ambulance chasers” looking for an easy buck.
This is a common misconception that you often hear. While there are bad lawyers out there, a reputable personal injury lawyer is nothing of the sort. They are dedicated and skilled professionals who use their abilities to help people in their time of need. Lawyers can help the everyday man and woman seek justice against large insurance companies and other companies with deep pockets. They fight on your behalf to make sure you get the resources you need to heal and move on with your life.
Finding the Right Personal Injury Lawyer
Picking the right lawyer is crucial for your case. With so many personal injury lawyers out there, there are bound to be bad apples. Here are a few things to look out for:
Specialization – Make sure that the lawyer you are considering specializes in personal injury law, and not just a small part of it. This means that they handle personal injury cases full time, rather than just a fraction of their caseload. A lawyer who does only a few injury cases a year will be at a disadvantage compared to a lawyer who does nothing but.
Experience and Track Record – How much experience do they have with cases similar to yours? Do they have a track record of large settlements and favorable trial verdicts? The lawyer should be able to answer these questions to your satisfaction. The past performance of a lawyer is not an absolute indication of the future, but a good track record shows competence.
Communication and Comfort – You will be working with this person very closely and during a stressful time in your life. Therefore it is crucial that you are comfortable with them and that they listen to your concerns and put them at ease. They should also be communicative and respond to your messages or calls in a timely manner and inform you of the progress of the case as often as you would like.
Resources – Does the law firm have the financial and staff resources to take on a big insurance company? It can be very expensive to build a solid case involving the fees for expert witnesses, investigators, and all the court filings and procedures. Make sure the firm is able and willing to see it all the way through.
Free Consultation
The first step in making sure you get the resources you need to recover is to call the personal injury lawyer. Most firms will offer you a free initial consultation and this is a great opportunity to get your questions answered, evaluate the lawyer and determine if they are a good fit for you.
Getting Over an Injury
An injury is bad enough as is, you do not need to worry about legal proceedings at the same time. A personal injury lawyer is there to help you with precisely that and take the stress off you. They will be able to use their legal experience and know-how to guide you through the complex process and put your mind at ease.
If you have suffered an injury in an accident that was not your fault, do not hesitate to contact a personal injury lawyer and find out what your options are. Evidence can be lost and time is not on your side. There are legal deadlines (statute of limitations) in place which limit how long you have to file a lawsuit. The sooner you act, the more resources you will have to find the justice you deserve. If you’re in need of a personal injury lawyer, give Larsen, Larsen, Nash & Larsen a call at (801) 964-1200 or contact us online. We’d be happy to help you with your personal injury case.
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