A Summary of the Roles and Responsibilities of Your Personal Injury Attorney in a Settlement Claim
Most people are often intimidated by the legal process that governs a personal injury claim.
Feeling intimidated by a legal lawsuit is justifiable, seeing that personal injury claims are very
complex.
Filing a claim successfully is just a tip of the iceberg. You need to follow legal procedures that
you never know existed in order to secure your settlement.
Although suffering pain and damages as a result of another person’s negligence is quite
disheartening, the jury might still dismiss your claims. It calls for guidance from a skilled lawyer
to help you go around the brutal path of justice.
If you ever wondered whether a personal injury attorney is really necessary when filing a
personal injury claim, this article will clearly reveal why you need one.
Here is what your attorney will do for you:
Legal Advocacy
Before you can successfully file a personal injury claim in court, it would be best to understand
the fundamental legal requirements.
A personal injury attorney acts as the bridge between you and the complex legal world of
personal injury law. Thus, getting a good lawyer beforehand guarantees steadfast legal
representation.
Evaluating Your Case
It is an ethical and legal requirement for your personal injury attorney to guide you in the most
honest way possible. Hence, your lawyer will look at your case details and determine whether
or not you have grounds for filing a case.
Ideally, your personal injury attorney will conduct a comprehensive investigation on the
circumstances surrounding the accident.
Additionally, your lawyer will try and connect the events leading to your injuries with the
conduct of the alleged defendant to establish causation.
Proper case evaluation helps your attorney determine the possible outcome of the case and
approximate the highest (but reasonable) amount you can receive in settlement.
Furthermore, case evaluation helps your attorney discover any possible loopholes that may
expose your defense during trial.
Filing the Claim on Your Behalf
Once your personal injury attorney has determined that your pain and suffering are worth a
settlement, they are going to file a claim on your behalf.
Your primary goal is to recover and get better while your attorney faces the sophisticated
wheels of justice. From filing the claim to serving the alleged defendant, your personal injury
lawyers will ensure that all the steps in between are done according to the stipulated legal
standards.
Additionally, your lawyer will help you draft a demand package to help the defendant and the
court better understand your grievances.
Case details, such as the pain you endured, the amount of economic damages you incurred, and
the amount of money you want as settlement is included in the demand package.
Collecting Evidence
In order to build a strong case, your evidence will need to be sufficient and also admissible in
court. Nothing less than that standard will go past any preliminary stage.
It runs out that it really matters how you collect your evidence. For instance, you might have
your case dismissed by presenting unstamped medical reports and police statements since this
creates a perception that your evidence fabricated.
Having an experienced personal injury attorney will have you cruise all legal protocols with ease
without worrying about inadmissible evidence.
Essentially, your attorney understands how to structure your case in order to make it have
more weight as they can view the case from the judge’s point of view.
Negotiations and Litigation
After your personal injury attorney successfully files your claims and gathers sufficient
evidence, next comes the hardest part; settlement negotiations.
The best personal injury attorneys have years of working experience and have adequately
refined their negotiation skills. As such, your attorney will bid for the highest amount to cover
your medical expenses, suffering, and legal fees.
Basically, most personal injury claims are settled after compensation negotiations. However, if
both parties are unable to find common ground, the case will proceed to trial.
Once the case goes to trial, your attorney will argue your case and present sufficient evidence
with an aim of getting a favourable verdict.
Conclusion
Most personal injury attorneys specialize in a specific legal field, such as product liability or
workplace injuries. Thus, the specialization allows the lawyer to gain significant knowledge in
order to best offer unique legal representation depending on your circumstances.