Personal Injury Lawyers – Accident Attorneys
Why do I need an experienced lawyer in a personal injury case?
If you decide to seek monetary damages for your injuries an experienced lawyer can assist you with your claims while starting an immediate investigation of your case. If the negligent driver is insured by an insurance company, his insurance company may be immediately notified of the accident and will start a serious investigation into the causes of the accident. Insurance companies understand that time is of the essence and often start off with the upper hand by immediately sending investigators out to view the scene, make measurements, take pictures, and interview the witnesses. If you wait and ponder whether or not you want to hire an attorney to represent you on your case, the insurance company has most likely completed or is about to complete their investigation.
Why is it so important to act soon?
Once you have formally retained a personal injury attorney, the attorney will begin his own detailed investigation to discover and document evidence related to your claim. Your attorney will have the most productive investigation if it is carried out shortly after the accident occurs. Since you, the claimant, have the burden of proof in a civil injury case, it is crucial for your attorney to carry out the investigation immediately and before witnesses begin to forget what happened or important physical evidence is destroyed. There are important reasons why insurance companies may even send out investigators on the same day the accident occurs. More on this website
What can an expert attorney do that I probably wouldn’t be able to do?
Your attorney will investigate the facts of your case and will put your best case forward in an attempt to negotiate a fair and equitable settlement with the insurance companies involved. While you are treated for your injuries, your attorney will compile your certified treatment history and obtain certified copies of all medical bills and provide updates to the responsible insurance company as to the nature and extent of your injuries. After you have finished treatment for your injuries or have reached a healing plateau, your attorney will contact your treating doctors for reports regarding your treatment and for a description of the permanency of your injuries and for a description of your functional limitations, if any, and the estimated cost of future treatment or surgery. When your attorney has compiled all of the necessary evidence related to your claim, he will prepare a comprehensive demand for settlement and submit the demand to the responsible insurance company(s)
Is a lawsuit always initiated?
Once the responsible insurance company(s) receive your demand for a settlement, a claims adjuster will carefully review all of the evidence submitted relating to your injuries and their liability to pay money damages to you. Through the process of legal negotiations between your attorney and the claims adjuster, often a fair settlement can be reached without filing a lawsuit. If the claims adjuster disagrees as to the amount of damages that should be paid or does not believe that their insured is at fault, they may deny your claim. Once the insurance company denies your claim, you must initiate a lawsuit to recover your damages.
What is litigation?
When your claim has been denied or the insurance company has made you an inadequate final offer the case may enter into a litigation phase. A lawsuit will be filed on your behalf. Personal injury litigation is very complex and your attorney should be an experienced personal injury attorney. Your case may eventually be presented to a jury for a final determination of what damages you will receive.
What role do experts play?
One of the most important aspects of handling a personal injury case from an experienced trial attorney’s point of view, is in the strategic use of experts. The strategic use of medical and scientific experts by your attorney often determine the successful outcome of a personal injury case. Often, a personal injury litigator will make skillful use of a variety of experts including medical experts who can explain to a jury the nature of your injuries and give testimony as to whether or not your injuries are permanent and whether or not your treatment and medical bills incurred where reasonable and necessary to a reasonable degree of medical certainty.
How do experts help?
The medical expert can explain the significance of a permanent loss of an important bodily function and describe the significance and ramifications of permanent scarring and disfigurement. If you cannot work because of injuries, the attorney may hire a vocational expert who can calculate your future loss of income. Many times liability experts are employed to scientifically determine the cause of an accident. In serious accidents, an experienced personal injury attorney will employ an accident reconstructionist who is an engineer by training to scientifically reconstruct how the accident occurred. There are literally hundreds of different types of experts that may need to be utilized to prove the liability or damages portion of your injury case.
When does a case go to trial?
Your attorney may end up presenting your case to a jury. The personal injury litigator will use a variety of trial exhibits to educate a jury as to the nature and extent of your injuries and how they occurred. He will call many witnesses to describe what they saw at the time of the accident and expert witnesses to give opinions as to the cause of the accident and the cause of the nature of your injuries. The jury will be instructed by the trial judge as to the law and the jury will answer questions related to the cause of your accident and the amount of damages that should be awarded you.
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