Personal injuries are gruesome; they have the power to entirely change our personality. When you are going through a tough time, both mentally and physically, the last thing you want is to fight a war with insurance companies to win your personal injury claim.
That is where a personal injury attorney comes in to save the day for you. With the right knowledge of the complex legal world, he/she can guide you to a reasonable compensation, through a trial or settlement.
In this article, we will talk about why having an attorney is super important in a personal injury case, taking you through the entire legal process.
Understanding personal injury law: what it covers
Personal injury law comes under the civil court in the US, and it is there to help you get compensation when you get injured due to someone else’s carelessness. This law makes the at-fault party accountable for your losses while preventing similar incidents in the future.
When you get injured, it’s important to understand your rights. This will help you stay protected and find suitable compensation, and the personal injury law is just the place to do that.
After an injury, you will need to file a claim (either yourself or let your lawyer handle it). Most common personal injury claims include, but are not limited to:
- Road traffic incidents
- Accidents at work
- Public place accidents
- Medical negligence
Once you file the claim, you need to prepare for the case with all the right information by your side. If all goes well, you will get the compensation through a settlement offer or a trial.
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Can you fight your own personal injury case?
After the incident, you may ask yourself: “Can I fight my case?” Well, no one can stop you from doing this; Rule 11 of the Federal Rules of Civil Procedure allows you to fight your own claim.
But, is it recommended?
Not really. In a personal injury, you are already struggling medically and financially. And on top of this, if you need to fight your own legal battle, then you are asking for trouble.
The best approach is to hire a professional personal injury lawyer to handle the legal proceedings for you.
How can a personal injury attorney help with your case?
An experienced personal injury attorney can protect your rights and handle the legal proceedings while you focus on getting better.
Here is how a professional attorney can help you with your personal injury claim.
Thorough investigation of the incident
With the right knowledge and experience, your attorney can do a thorough investigation of the incident. They can compile evidence, identify liable parties and determine the extent of damages you (or your property) have suffered.
All you need to do is to provide your attorney with everything you know about the incident and they, based on their experience, can come up with a strong claim on your behalf.
From interviewing witnesses, examining police and medical records to collaborating with other professionals, your attorney will do anything to increase the chances of a favourable outcome.
Help finalize your compensation
Your compensation isn’t simply the medical expenses you incurred or the lost wages; it’s much more than that. It covers both economic and non-economic damages. Some expenses to consider are:
Economic Damages (Easily quantifiable):
Medical expenses (past, ongoing, and future treatment)
- Lost income (wages missed during recovery)
- Loss of earning capacity (if injury affects future work)
- Property damage (e.g., vehicle repairs)
Non-Economic Damages (Subjective, harder to calculate):
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or consortium
Economic damages are the easy part; you can calculate them. However, non-economic damages are the ones where your personal injury lawyer can use his experience and come up with a justifiable compensation.
Negotiating with insurance companies
Negotiating with the insurance company is never an easy deal. They are businesses, ready to save their interests, so they will always be cutting corners from your compensation. They will offer lowball settlements to test your patience and even deny your claim in most cases.
Your personal injury lawyer will use his/her experience to tackle most of the tricks insurance companies use to reduce your payout. They will use their expertise to protect your interests and make sure you get the settlement you deserve.
Handle the legal procedure
When you have suffered a personal injury, it’s really hard to find the courage and fight the legal battle yourself. Your attorney, with his negotiation skills, courtroom experience, and legal knowledge can deal with the complex legal process for you.
They can gather evidence, assess the strength of your case and then draft the best strategy to approach your case, either in the courtroom, or during settlement.
Arrange interim payments
Most personal injury claims settle between 6 months to 2 years, and if your case goes to trial, it can take 2+ years. For someone who is already draining, both financially and medically, this time can be really hard.
Your personal injury attorney can arrange interim payments to pay for your ongoing medical expenses. These are the partial payments insurance companies pay to cover expenses like medical bills, lost wages or immediate property damage.
Wrapping up
Maneuvering the legal landscape can be intimidating. However, having the right attorney by your side can level the field for you. From investigating your case, assessing and maximizing your compensation to arranging interim payments for your immediate expenses, a personal injury attorney can be far more than just your legal aid.
