Are you considering a personal injury lawsuit?
If you've been injured in a car accident or work-related incident, you might be wondering what a lawyer would be able to do for you. After all, many people who undergo a bodily injury have a lot of money to spend on medical bills and other costly expenses, and you don't want to waste your time and money on someone who doesn't serve you well.
So, you want to know what your lawyer does in a personal injury lawsuit. Do you need to get a personal injury attorney?
We'll answer your questions about what a personal injury attorney does below.
Keep reading to learn more!
What your lawyer does in a personal injury lawsuit
When you have a personal injury lawsuit, there may seem like there are a lot of moving parts. Yet, personal injuries are common, and so are there resulting lawsuits.
That's why the best personal injury lawyer teams know how to navigate the process on your behalf. They use their legal knowledge to steer you through the process, help you collect evidence, etc.
But what exactly is the process like? Let's go into it in more detail below.
They'll meet with you
The first step of what your lawyer does in a personal injury lawsuit consists of meeting with you. This is an excellent opportunity for you to get to know your attorney and see what they can do for you.
After all, if both parties agree to go ahead with your personal injury lawsuit, this person or law firm will be handling a lot of the details of your case. Pay attention to what impression the law firm gives you. Ask whether or not they've handled cases similar to yours before and inquire about their personal approaches and strategies when it comes to winning cases.
After you meet, both of you will decide whether or not you would like to go forward with the personal injury lawsuit together. Note that initial consultations do not come with obligations. They don't have to take on your case at this point, and you're don't need to work with them if you don't wish to.
A professional law firm will recognize that a good fit between the client and personal injury attorney is essential, so they give you the chance to get to know one another before committing. Most of these consultations come without a cost. Here at Kerley Schaffer, we offer free, obligation free first meetings.
Investigation and initial demand
If you worry about launching straight into a court battle, don't. In fact, all personal injury cases have a chance to settle out of court, and that will be your lawyer's first objective.
As the case begins, they will conduct an in-depth investigation into the circumstances surrounding your personal injury incident. This might include any medical records related to your case, police reports, surveillance footage, and any other records of the incident.
Once they have all of this information, they will review it and contact the company responsible for the other party's insurance with a demand. For instance, if you were injured at work, then your employer will make a demand from whichever insurance company covers your employer's personal liabilities.
Then, the insurance company reviews your demands. Sometimes, they offer a settlement amount, which your attorney will look over. At this stage, they must understand everything possible about the extent of your injuries so they may help you decide how to respond.
After all, different injuries cost varying amounts of money to treat, and if the settlement is too low, they'll advise you not to agree to it. On the other hand, if they believe that the settlement consists of a worthy offer, they might advise you to take it.
What if the two parties don't agree?
If the two parties cannot come to an agreeable settlement, the official litigation begins. Your attorney files a personal injury lawsuit on your behalf, starting with a document known as the "complaint."
The complaint lists all of your legal arguments. After the complaint has been filed, the other party has the chance to respond.
After this exchange, the case enters the "discovery" phase. This means more collecting evidence. The only difference is this time, the two sides share their information with each other.
While it might seem tempting to hold onto all of your information tightly until you present it in court, sharing information actually ensures you have a fair chance of winning. If you and your lawyer know which evidence the other party plans on submitting, the attorney will be able to build a better case for you.
Settlements can take place at any point during this process. In fact, most parties want to avoid going to court if possible and often make agreeable settlement offers. Very few cases go to court.
What if it goes to court?
If your case becomes one of the few personal injury lawsuits that go to court, you and your lawyer, as well as any attorneys hired by the other side, will show up in court.
Your lawyer will present your arguments, and the other side will also argue their points. A judge decides on a ruling, hopefully granting you the money you need to cover the costs of your treatment.
Have you suffered a personal injury?
If you've ever wondered what your lawyer does in a personal injury lawsuit, you probably have experienced a bodily injury at the hands of someone else.
Personal injury lawyers navigate the entire legal process behind getting the amount of money you deserve. They consult with you, help you undergo the initial investigation and demand stages, and then take you through the discovery phase and the trial.
Do you need attorneys who will fight for you? Here at Kerley Schaffer, we believe no one who has suffered an injury at the hands of someone else should go without the compensation they deserve. That's why we put our clients first. Contact us today for a free consultation!