Some injuries catch you off guard. Maybe it’s a sudden road accident caused by a drunk or distracted driver. Or tripping over an exposed tile at the curb. Whatever the case, getting harmed because of another person’s actions can leave you feeling like you’ve been screwed over. Fortunately, you can take the person you believe was responsible to court and make them pay up.
Winning, however, is not simple. It’s your job to collect, prepare, and use evidence to corroborate your claim. The defendant is likely to push back with counterclaims or denial. That’s why you’re better off lawyering up.
Let a skilled professional work out the kinks as you focus on recovering. This blog will list some of the services to expect from your personal injury attorney.
Case Evaluation
“Just because you believe someone is on the hook for your injury doesn’t mean they are liable for damages,” says personal injury attorney Jeffrey P. Lowenthal of Lowenthal & Abrams Injury Attorneys. For instance, if you slip at the grocery store and notice no “wet floor” sign nearby, you may think that the store is to blame, but it’s not cut-and-dried.
If the spill just happened a few moments before your accident and the staff didn’t have time to clean it up, the store may not be liable. Or maybe there was a big “wet floor” sign—you just didn’t see it.
Your lawyer will be able to discern these factors during the initial case evaluation. It’s one of the first services to expect from these professionals, where they listen to your narration of events and evaluate the circumstances surrounding your injury. They’ll look at medical records, police reports, and other documentation to determine if a valid claim exists.
Legal Advice and Guidance
Apart from being complex, personal injury law also varies from state to state. In Pennsylvania, for instance, you can’t sue someone for personal injury when you share more than half the blame. The Keystone State follows the modified comparative negligence or the “51 percent rule.” This is among the many laws that your lawyer will explain to you. Remember, they went to law school for this exact stuff, so they’ll be able to break down complex regulations for you and explain your rights and what to expect as the case progresses.
Investigation and Evidence Gathering
Remember, it’s your job to prove your claims. Personal injury lawsuits follow the concept of preponderance of evidence, a slightly lower standard than the burden of proof used in criminal cases. To win your claim and recover damages, you must prove that it’s more likely than not that the other party was responsible for your injury. And this all depends on the evidence you gather.
Personal injury lawyers use the plaintiff’s evidence and conduct an investigation to gather more proof. They’ll even bring in experts like forensic analysts and accident reconstruction experts to add more credibility to your claim.
Calculating Damages
Crunching the numbers to calculate the total damages you are owed is more complicated than it sounds. Sure, some losses like medical expenses are relatively more straightforward to prove, especially past medical costs. How about future medical expenses? Assigning a dollar value to these damages has to be from a point of knowledge, not speculation. Your attorney will work with experts like doctors to quantify the medical intervention you will need in the future and the cost. The same case applies to nonmonetary losses like pain and suffering.
Negotiating With Insurance Companies
Insurance agents are not people to be messed with. They may try to use all kinds of tactics to get you to undermine your claim. Personal injury lawyers, especially those with extensive experience, tend to be skilled negotiators. They’ll be able to counter all the tactics adjusters use and strike a deal that is fair to you. But if negotiations hit a wall, the case proceeds to court to be decided upon by a judge and jury. Your lawyer will build your claim and ensure the court understands your situation.