In our lifetime, there may be times when we will be stuck in an unfortunate situation like accidents. These situations could give us mental pain such as issues related to trust and estates and physical pain through injuries.
What’s worse is that these accidents may not even be our fault. After comprehending the situation, receiving first aid, and recovering from the initial trauma, several questions run wild in your head.
Who will pay for my medical expenses?
What about the work hours lost due to the injury?
How do I manage to pay the bills until I get back to work? And finally the most important question, how do I make sure that I get compensated for all my losses?
Well, the answer to the last question lies in hiring a personal injury lawyer. A personal injury lawyer provides legal help to victims of accidents that caused the personal injury. They specialize in tort law and ensure that victims are rightly compensated for their losses.
But you need to understand their role and responsibilities before you choose a personal injury lawyer. This will help smoothen the process of getting compensated for your losses legally.
1. Assessing the Likelihood of Your Success
Firstly, and most importantly, it is the personal injury lawyer’s job to provide you with sound advice right from the start. They must ensure that you do not get entangled in legal issues that have little to no chance of getting you compensation.
For example, sometimes, you want to sue someone for personal injury due to their negligence. But, you might not have any evidence or witness to prove the same. The chances of you winning compensation in such instances are almost zero. Thus, your lawyer should discourage you from taking legal action.
While winning or losing is not guaranteed, starting on the correct part is essential. Moreover, losing the case will impact you and hamper the lawyer’s career.
2. Collecting and Examining Evidence
Whether it’s a slip and fall, a car accident, or a construction site mishap, evidence plays a crucial role in establishing the other party’s negligence. Evidence is essential to press claims, win the case, and get your deserved compensation.
Therefore, your personal injury lawyer is responsible for collecting and examining all the evidence that has the potential to prove that you are entitled to compensation. Whether it is collecting photographs, videos, obtaining witness statements, or managing medical records, it is all the lawyer’s responsibility.
You can help ease the task by cooperating with the lawyer. You can suggest evidence that can be used in the case. Similarly, you can also help find witnesses that can help strengthen your case.
3. Simplifying the Compensation Claims Process
If the lawyer is satisfied that you have a strong case, then it is their responsibility to simplify the compensation process for you. Filing a court case isn’t as simple as one assumes it to be. There are various procedures involved in filing a court case. This includes a ton of paperwork, ensuring proper language, correct formatting, and submitting the papers before the deadline.
All this can get tedious and time-consuming for an average citizen. Thus, it is the responsibility of the personal injuries lawyer to prepare and file everything appropriately.
They are also responsible for notifying you of any official correspondence related to the case, as ordered by the court of law.
4. Representing You at the Trial
The personal injury attorney will represent you throughout the trial, including a deposition. It is the lawyer’s responsibility to prepare you for the deposition. Similarly, it is their job to attend and represent you at the deposition.
Moreover, the lawyer is also responsible for representing you adequately during the trial. They will establish facts, showcase evidence, and negotiate with the other party. Similarly, they will use persuasive arguments in court to get you the compensation you deserve.
It is advisable to let your personal lawyer do all the talking during the trial unless you are specifically asked to do so.
5. Handling Negotiations on Your Behalf
An essential responsibility of a personal injury lawyer is to hold negotiations with other parties on your behalf. They interact with the other party’s lawyers to negotiate a fair compensation deal.
Personal injury lawyers properly handle back-and-forth negotiations with insurance companies or lawyers of the individual against whom you have filed the case. The outcome can lead to a better settlement offer for you.
Sometimes, negotiations fall through. In such cases, the personal injury lawyer will inform you of the other options available at your disposal.
6. Ensuring You Get a Fair Settlement
A personal injury lawyer determines the extent of the compensation you are liable to receive. They calculate various losses you’ve incurred to determine a similar compensation to make up for your losses.
For instance, if you are unable to work for six months due to an injury, the lawyer will calculate all the potential earnings you have lost. Moreover, they will factor in other injury-related expenses, such as transportation costs for hospital visits, medications, cost of treatment, doctor’s fees, etc. Based on the calculation, they will put forth an amount before the court that is coherent with the injury-related financial losses and expenses.
7. Following Up on the Settlement
The personal injury lawyer will ensure that the other party rightfully compensates you as per the court’s judgment. If the other party fails to pay you as decided, your personal injury lawyer will advise you regarding the next steps you can take.
For example, the lawyer may advise you to file a court case against the party if they do not pay the compensation as directed by the court. This is a violation of the agreed settlement. You can hire the same lawyer or choose a different one to carry out further legal proceedings.
Personal injury lawyers have a high set of roles and responsibilities to ensure that the victim gets compensated for their losses. They provide end-to-end legal services and assistance solutions in case of accidents caused by negligence.
But, most people’s understanding of ‘hiring a lawyer’ is limited to the term itself. Thus, before choosing a personal injury lawyer, make sure you have done adequate research. Ensure that the lawyer has the required skills, experience, and a proven track record of getting the best outcome for your situation.