A personal injury lawyer is someone you hire to represent you in a lawsuit against an individual or company. They will negotiate with insurance companies to get you a fair settlement.
They will seek compensation for your current and future medical expenses, lost wages and destroyed property. They may also seek funds for non-economic damages like pain and suffering.
Damages
Generally speaking, personal injury damages are monetary awards that injured people receive to compensate them for harm caused by someone else. This compensation can include medical bills, pain and suffering, emotional distress, and property damage.
A personal injury attorney will review your accident circumstances and injuries with you to determine what types of damages you are entitled to. This is typically done by interviewing you, requesting relevant medical records and obtaining copies of your income loss documentation.
Compensation for property damage is usually based on the current market value of the affected item. Pain and suffering damages are based on your actual physical pain, as well as any emotional distress and frustration you experience from the injuries. Keeping a diary of your experiences and pain levels can help support your claim for these damages. Other types of compensation may be available as well, such as punitive damages, which are intended to punish the at-fault party.
Mediation
The goal of mediation is to settle personal injury disputes without going to trial. A mediator is neutral and helps both sides express their points of view. Ideally, participants come to mediation confident in their own understanding of the case but willing to listen to others’ perspectives. They should also assess their litigation costs and prospects realistically.
The parties meet in a conference room with the mediator. At first, they discuss the case together but then separate into private rooms where they can communicate with each other. It may take several mediation meetings to settle a personal injury claim but it is usually quicker and less expensive than a trial.
Sometimes insurance companies treat mediation seriously but other times they don’t. The insurer might send someone who doesn’t have the final authority to settle the case or they might conference call the person who can make the decision. Your lawyer will prevent these unproductive tactics from happening.
Trial
A personal injury lawyer who has extensive trial experience can help victims receive the full compensation they deserve. Although most personal injury claims settle out of court, a trial provides the plaintiff with an opportunity to present evidence that proves their injuries and losses. A jury or judge then examines the evidence and decides whether or not the defendant is liable for the damages claimed by the plaintiff.
At the trial, both parties present their case through witnesses, expert testimony, and physical evidence. Each witness is called to the stand and sworn in, taking an oath to tell the truth. After each party presents their case, closing arguments are made. If the jury finds in favor of the plaintiff, they award them the amount of damages they claim. Many lawyers do not have the skill and expertise to go to trial, so they will only take cases that they know will settle out of court.
Reputation
In any profession, there are unscrupulous individuals and personal injury attorneys are no exception. Some lawyers are willing to use their extensive knowledge of the law and their connections with insurance companies to take advantage of injury victims.
Many people believe that all personal injury lawyers are trial attorneys and regularly try cases in court. However, this is far from the truth. Only a small percentage of personal injury attorneys have significant jury trial experience.
It is important for clients to find a lawyer that is reputable and honest. A reputable lawyer will be open and transparent about his or her fees. He or she will also be clear about any underlying expenses that may be associated with the case. In addition, a reputable lawyer will explain what happens to those expenses in the event that the case is lost. This will eliminate any mistrust and dissatisfaction that could develop in the future. Then, it will be easier to achieve a positive outcome to the claim.