If you are involved in an accident that results in injury, you may want to consider hiring a personal injury attorney. Contacting an attorney may be the last thing on your mind immediately after an accident. However, the reality is that the right personal injury attorney can often be a great benefit to you and your recovery. Thus, it is never too early to start thinking about how a personal injury attorney may be able to help you.
Personal injury accidents can occur in the workplace, on the road, or even while you are at the store getting groceries. Regardless of where your personal injury occurs, an attorney may be able to help.
You might be thinking you can handle the aftermath of your accident on your own without the assistance of an attorney. While this may be the case, let’s take a closer look at how a personal injury attorney fights for the rights of injury victims and how that may ultimately lead to a better outcome for you.
What Qualifies as a Personal Injury Claim That an Attorney Can Assist with
At its core, a personal injury claim is a legal dispute that arises when one person’s actions result in harm or injury to another. This definition is admittedly broad. Examples of situations that may result in a personal injury claim include:
- Slip and fall accidents,
- Motor vehicle accidents,
- Medical malpractice, and
- Assault
Because personal injury claims can arise in so many different scenarios, it can often be difficult to know whether you have a valid personal injury claim.
One Dallas personal injury lawyer uses what he calls the I.D.R. method, which stands for Injury, Duty, and Remedy. Essentially, if you are involved in an accident, ask yourself the following questions:
- Was there an injury?
- Did anyone involved have a duty to keep the injury from occurring?
- Does the law allow for a remedy?
While you can probably tell easily if there was an injury, the other two questions may be more difficult to answer on your own. An experienced personal injury lawyer can help you answer these questions and more.
Ways Personal Injury Attorneys Fight for Injury Victims’ Rights
Attorneys can be a great benefit to personal injury victims who need help answering preliminary questions to determine whether they may have a case. However, there are many other ways in which personal injury attorneys help fight for the rights of injured victims.
Connecting Victims with Medical Providers
If you have sustained injuries in a personal injury accident, you should seek medical attention as soon as practicable. Not only will this help you work toward a speedy recovery, but it may also help you ultimately maximize your potential monetary recovery. Thus, getting connected with the right provider can be an important step. But where should you go for your medical care?
Fortunately, many personal injury attorneys may have close relationships with medical professionals. Often, they can point you in the direction of a medical care provider who may be better equipped to assist with your particular injuries.
Assessing Damages
A crucial part of a personal injury case is the assessment of damages. Legal damages comprise the monetary compensation you seek to help you recover from your injuries after an accident. Thus, it is essential that you know what to seek.
Damages you may be able to receive compensation for in a personal injury case include:
- Past and future medical expenses;
- Loss of income and future earning capacity;
- Property damages;
- Pain and suffering;
- Emotional distress; and
- Loss of enjoyment of life.
If you are not familiar with the allowable damages in a personal injury case, you may not know the full amount you may actually be entitled to. An experienced personal injury attorney, however, will be able to help you better assess the damages in your case. This will allow you to maximize your potential recovery.
Negotiating with Opposing Parties and Insurers
Personal injury attorneys are known for being great advocates for their clients. But that advocacy starts long before reaching a trial. One of the most common ways a personal injury attorney fights for the rights of injured victims is through negotiations.
In a personal injury case, there will be a long process of negotiations to reach a potential settlement. In fact, it is estimated that up to 97% of civil cases will be resolved before reaching a trial, most often in some form of a settlement.
Using the specific facts in your case, an attorney will aggressively negotiate with opposing parties and insurers on your behalf to get you the best result possible. Negotiating with these types of parties can be intimidating and overwhelming, but a personal injury lawyer who does this for a living can be a great asset.
Being an Advocate at Trial, If Necessary
Lastly, a personal injury attorney fights for the rights of injury victims by being their advocate at trial.
If you are unable to settle your case through negotiations, sometimes your only remaining option is to go to trial. Unfortunately, however, the trial process is long and complicated. Steps in a court trial include:
- Filing the complaint,
- Discovery,
- Filing and responding to pretrial motions,
- Selecting the jury,
- Making opening statements,
- Presenting evidence,
- Examining witnesses, and
- Making closing arguments.
While you may not know how to handle a full court trial, experienced trial attorneys know very well how to navigate the court system. Further, they know what arguments to make on your behalf and how to present the facts in a way that will give you the strongest case possible.
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Author: DLM Editor
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