After an accident, your first priority should be getting back on your feet. Having a personal injury attorney can help you navigate the tricky process of getting there.
You’ve been involved in an accident, serious enough to incur some expenses. Perhaps you haven’t filed for insurance just yet. Or perhaps you’ve filed for insurance and aren’t satisfied with what you received. If you want to take the next step and bring this to trial, a personal injury attorney can help you.
A personal injury attorney is someone who provides legal representation to individuals who have been injured in an accident. They specialize in tort law, which deals with injury and harm done to an individual and works to provide relief.
What kind of compensation can a person receive from hiring a personal injury attorney?
A personal injury attorney handles civic disputes, where a person is seeking compensation for injuries or expenses incurred following an accident. Automobile accidents are the area is which most personal injury actions arise.
What determines if compensation is awarded?
Negligence is basis for liability in most personal injury lawsuits. Every tort claim has two basic issues: liability and damages. If the defendant can be found liable for damages, and the nature and extent of damages are determined to be extensive enough, you will be compensated.
What does the process look like?
If a person hasn’t filed an insurance claim yet, a personal injury attorney can help as they are used to negotiating with insurance companies. This communication can also protect the injury victim from jeopardizing their claim.
After investigating the accident, a personal injury attorney may send demand letter to an insurance company, stating the facts of accident and demanding certain amount of damages. If the insurance company refuses to offer a fair settlement, the lawyer may begin to form a complaint against defendant.
The first step in filing a complaint against someone is discovery. A personal injury attorney works to gather evidence to establish liability for who caused accident and prove the extent of damages the plaintiff suffered. They use medical reports, records, bills, employment documents, employment reports, and property damage reports to do so.
Damages and compensation
After discovery is complete, a trial date is requested.
If a case goes to trial, the personal injury attorney will provide representation. If you win, a judge or jury awards you money, known as damages, for your injuries–paid for by the defendant. This can include compensation for medical bills, lost wages, or future wage losses. Damages can also cover the cost of physical pain and suffering, as well as any physical disfigurement or disability that resulted from your injury.
If you hire a lawyer, it doesn’t mean that you will automatically go to court. Most cases get settled before trial. This occurs when the plaintiff agrees to accept money in return for dropping the case against the defendant.
Every state has certain time limits, called “statutes of limitations”, that govern period during which you must file a lawsuit. If you miss deadline, the case is thrown out of court.
If you think you will want to file a complaint, be sure to hire a personal injury attorney as soon as possible to ensure you hit any deadlines with filing insurance and requesting a trial.