When You Hire A Personal Injury Lawyer
What is a personal injury lawyer?
A personal injury lawyer is someone who works with tort laws. These people provide legal services to others who claim to be injured – physically and mentally. Their job is to provide compensation for victims that are affected by negligence and intentional acts.
Most of the time people call these lawyers when they are in a car or motorcycle accidents. But they also deal with bike, boating, and aviation accidents – as well as slip and falls and medical malpractices. Anything that harms you personally will fall under the personal injury umbrella.
What will happen?
When you hire a personal injury lawyer, they will determine if you have a case that has the requisite qualifications:
Proof of negligence
- Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of “negligence” the careless person will be legally liable for any resulting harm.
Proof of mental or physical injury
- The plaintiff must provide proof of injury. Physical injuries can be shown through medical results, xrays, images, videos, as well as in person at court. Unlike physical trauma, mental injury can’t be seen. To prove emotional or mental injuries you have to rely on your testimony and the testimony of others to show your altered mental state. For example, a family member may testify to your behavioral changes after your accident.
Proof that there is insurance from the defendant to receive compensation
Evidence of insurance forms are used to show the types of first party coverages an individual or entity has. First party coverages protect the insured from losses resulting from injuries to themselves and damages to their belongings and property.
Once you are approved, you will first sign a fee agreement before they start investigating. If you’re worried going into court, don’t worry about it! Majority of these cases are taken out-of-court – it would depend on the case and the situation.
They will begin by gathering evidence. This may include police reports, witnesses, and other forms of evidence to receive a statement about the accident. These pieces of evidence may recognize the liability for those who suffered damages in the accident. It can include medical records, documentation or property damage reports.
Next, the lawyer may send a demand letter to an insurance company stating details about the accident and the amount of damages the defendant caused. They will then negotiate with the insurance of the amount of compensation you can receive. The amount of compensation will be based off policies related to the circumstances of your case.
If there is no agreement between the lawyer and the insurance company, then a lawsuit will be in the process. Both parties will meet in court to exchange information. Your attorney will be present to represent you. When information is heard, a mediator will try to resolve with another negation. If that’s not settled, then both parties will meet in court to figure out if and how much money will be provided