Accidents happen to the best of us. It can come at the most unexpected time, whether you are out and about or within the safety of a building. If you have been in an accident, it is important that you consult an attorney, particularly one who has extensive experience in personal injury cases.
You may be thinking about the expenses involved such as medical bills and legal fees. You may also be considering handling the claims on your own. However, a personal injury attorney is well-versed in the area of civil law called tort law. Tort Law covers private or civil wrongs or injuries, including defamation and actions for bad faith breach of contract. Personal injury attorneys may help you with fair compensation claims for losses, including economic damages such as loss of earnings due to an inability to work caused by an injury accident , pain and suffering, and reasonable medical expenses both present and expected, emotional distress, loss of consortium or companionship, and legal costs and attorney fees.
What Are the Most Common Types of Cases Do Personal Injury Lawyers Handle?
Any case or claim that involves an injury to the body or mind falls under the umbrella of personal injury law. Below are some of the most common types of cases handled by a legal counsel with specialization in a personal injury claim:
- Animal bite injuries such as dog bites
- Automobile accident
- Aviation accident
- Bicycle accident
- Boating accidents
- Brain injuries
- Burn injuries
- Construction accident
- Defective product
- Insurance/bad faith claims
- Motorcycle accident
- Medical malpractice
- Nursing home abuse
- Pedestrian accident
- Slip and fall accident
- Spinal cord injuries
- Wrongful death cases
There may be other cases because personal injury claims may involve any case in which a person is injured and suffers harm because of the negligent or intentional actions of others.
How Can My Mesa Personal Injury Attorney Help Me?
The type of case you have plays an important part in how your personal injury attorney can fight for you and your legal rights for just compensation. The following are just some of the steps your personal injury attorney may take to help you:
1. Assess your claims
Personal injury attorneys study potential claims with the utmost care. They are very cautious about accepting claims. They may conduct an investigation to look into the merits of your case.
2. Gather evidence and formulate legal theories
Your personal injury attorney may gather evidence to find out how the accident occurred and to help establish who was at fault. In order to present what happened that led to the actual accident, they may hire accident reconstruction experts who take careful measurements and photographs and then conduct scientific analyses of the data. Your personal injury attorneys may also acquire copies of police and medical reports, records and bills, employment reports, and other items necessary to document each element of your damages. They may also expert witnesses to provide objective points of view as well as interview witnesses who can give corroborative statements to support your claims.
3. Negotiate with the insurance companies on your behalf
Your personal injury attorney will be able to handle negotiations with insurance companies on your behalf by sending them demand letters outlining your legal claims and the amount of compensation that you are demanding to settle your claim. Your attorney will represent you thus, you will be advised to not discuss the accident with anyone other than your lawyer and your doctors. If anyone, including insurance adjusters, questions you about your case, tell them that you have been instructed not to discuss your case. However, you may refer their inquiries to your attorney. You will also be advised not to sign any document relative to your case without discussing it with your personal injury attorney first. Failure to follow your attorney’s advice may be harmful to your case.
4. Draft pleadings and motions
In the event that the insurance company declines to settle your claim, your personal injury attorney may initiate legal action and/or demand arbitration. The defendants brought into the case typically have thirty days from the time they are served in which to file their response to the lawsuit.
5. Go through the discovery process
After the complaint and answer have been filed, “discovery” proceedings which may include depositions of parties, witnesses and experts, are instigated. During this stage, both your personal injury attorney and the defense lawyer will exchange the evidence that each side has in the case. Your attorney will assist and instruct you at every step and may use the same discovery devices to substantiate your claim.
6. Prepare for and go to trial
Your personal injury attorney will still proceed with the negotiations with the insurance companies. Most of the time, the claims will be settled before they go to trial. Otherwise, if the settlement has not been reached, the lawyers may litigate for their clients at jury trials. The assignment of the trial date is completely beyond the control of any party to the lawsuit but is dependent upon how busy the court is where the lawsuit is filed.
How much money can my Upland personal injury attorney recover for me?
Every personal injury case is different. Recoverable amounts are not definite and will depend on several factors such as the extent and severity of your injuries, the expected length of your recovery, your medical expenses and income losses, and other relevant facts. Your attorney may evaluate your claim and give you a ballpark figure of compensation amounts that you may expect in a fair personal injury settlement offer just to give you an idea.
Do I really need a personal injury attorney?
While It is possible for you to file personal injury claims and negotiate with the insurance companies on your own, having an experienced personal injury attorney handle your injury case not only ensures that you recover compensation for your losses to the extent required by law, but should also relieve much of the burden of dealing with insurance companies.
However, there are certain cases in which you may not need to hire a personal injury attorney. In cases where only minor injuries or damages to the property took place, it may be possible to handle negotiations with the insurance company on your own. However, it is smarter to seek the advice of a personal injury attorney if the insurance company turns down your claims or if there are other parties involved. If you suffered serious injuries, without question, you need to talk to your personal injury lawyer for a case evaluation and to look into any offers of compensation you may have received.
If you want to learn more about your potential claims or you need the legal representation of an injury lawyer, contact the Zolman Law today for a free initial consultation.