What Does an Injury Attorney Do?

An injury attorney is a lawyer who assists victims of accidents navigate complex legal procedures and insurance terminology. For example, injury lawyers can assist victims in obtaining medical bills and documents that prove damages in the case of defective products or a mishap.

Injury attorneys will investigate the case by speaking with witnesses and obtaining experts to support a claim. They will then bring a lawsuit against the party responsible.

Liability Analysis

In handling a personal injuries case, an attorney should be able analyze the unique circumstances of each client to determine the kind of compensation they are entitled to. In most cases, a victim will be eligible for reimbursement for two kinds of losses that are non-economic and economic. Economic damages are the repayments of the person's out-of-pocket expenses, such as medical bills or lost wages. Non-economic damages are those that are repaid to compensate for less tangible losses, like mental anguish, pain and suffering, and reduced enjoyment in life.

To determine what compensation the client is entitled be entitled to, an injury lawyer must collect a large amount of documentation and conduct a thorough legal analysis. This includes looking over California cases, applicable statutes, and legal precedents. Additionally, it involves consulting experts and studying the medical causation. This is the process of determining of whether or not an individual's injuries or limitations result from an accident or pre-existing condition or age. This information can be used by an lawyer representing the injured to negotiate or make a claim.

Preparation for the Trial

Preparing for trial can be a long and complicated process. As trial approaches, legal teams survey evidence, establish their theory of the case, and create a compelling argument that will best convey their argument to jurors.

In the course of trial preparation, our lawyers identify witnesses who are required, schedule depositions, and prepare them for cross-examination. They will also prepare trial briefs to address anticipated substantive arguments made by the opposing side, as well as a trial binder that will house the exhibit list (with annotations on objections) along with witness outlines, questions, injury lawyer and any pertinent case law or statutes that will be used during trial.

It is crucial to keep in mind that the defendant's team will do everything they can during trial preparations to challenge your claims and prove that you aren't really as injured as you claim. This includes hiring private investigators to monitor you and document things they can use at your trial. It is critical to stay conscious of your surroundings at all times, and to follow the instructions of your doctor.

In the course of your trial preparation, you will want to select an injury lawyer who is affiliated with national and state associations of lawyers who specialize in representing injured victims. These groups offer continuing legal education courses and also conduct lobbying to improve the rights of injured victims.

Negotiating a Settlement

After analyzing and gathering the evidence, your lawyer will prepare a settlement demand. The request is then sent to the insurance company, along with any supporting documents. This is usually the first step of the back and forth negotiation process.

Insurance companies will attempt to minimize or dismiss your settlement request, and it is essential to work with an experienced attorney. Your attorney will be able to tell you if it is in your best interests to file a court case when the insurance company doesn't agree to a fair settlement.

If the insurance company offers a settlement that's not sufficient to cover medical expenses and other expenses, your injury attorney can work on a counteroffer for you. Your attorney will take a careful look at your losses to ensure they are reflected in all expenses you've suffered, including future medical bills and lost wages.

Many who take initial settlements without the help of an attorney are disappointed when they realize that the amount does not satisfy their needs. Rushing into a settlement is not a good idea. Your attorney will make sure that your settlement agreement exempts any parties liable and contains the language to protect you from possible health insurance, injury lawyer Medicare, or Medicaid lien issues. They will also negotiate a speedy settlement payment.

Filing a Lawsuit

If an insurance company refuses to negotiate a fair settlement, or the plaintiff cannot reach a satisfactory settlement with the defendant, it could be necessary to file suit. An injury lawyer can help in all aspects of a lawsuit, from initial consultation right through to the final decision.

In the beginning, the attorney will review the facts of your case to determine whether or not it meets the legal requirements to file a personal injury claim. They will gather evidence such as medical records, eyewitness statements, police reports and more. They will also scrutinize documents from all the parties involved, including insurance companies.

After reviewing the evidence, the attorney will prepare a complaint outlining the way in which the defendant's actions resulted in your injuries and the remedies you're seeking. The complaint will include tangible losses like medical expenses and property damage and non-tangible losses like pain, suffering, and disfigurement. The complaint will also include any punitive damages that are intended to punish the defendants for their recklessness.

Your injury lawyer will compare monetary awards from similar cases to determine the value of your case. Once they have completed this phase, they will discuss with you a representation agreement should they choose to accept your case. If they decline to represent you, they will outline the reasons for their decision so that you can make an educated choice about the next step.