If you get seriously injured in an accident caused by another party’s negligent actions, you have the right to seek damages against them. The laws governing personal injury have made it clear that the party liable for causing an accident must compensate the injured party.
Compensation is usually in financial form. If you are looking to file a personal injury case for compensation, you may have to negotiate with the negligent party’s insurance company and come to an agreement.
However, you’ll need a personal injury attorney to help you successfully file and win the compensation claim. A personal injury attorney has several duties that they carry out when handling a personal injury claim:
Investigating and Gathering Evidence
The attorney investigates your case to find out who is liable or responsible for causing the accident. The attorney will go through your medical reports, police reports, witness statements, video footage, among others. You have to provide all the documents you have concerning the accident; the attorney will decide whether they will help or reject your case. After completing the investigation, the attorney will decide on the next best move. Learn more here.
Negotiating with the Liable Party
Sometimes, the insurance of the liable party will not want the claim to proceed to court. They will offer you an amount as compensation for your injuries. The insurance company will offer a low amount, and your attorney will negotiate with them for a higher amount.
Litigate the Claim in Court
Proceeding with the personal injury claim in court is always an option if the negotiations fail to produce the desired results. The attorney will proceed with the claim in court if the settlement offered is too low, or if the liable party fails to respond to the demand, or litigation is the only option to get the maximum amount. The attorney will produce all the necessary evidence, use expert witnesses, and cross-examine the defendant’s witness to weaken their case.
Prepare the Client for Trial
The defending party will also have an attorney looking to destroy your chances of getting compensation. Giving evidence is not an easy task, and cross-examination from a lawyer can be intimidating, making you forget important tasks. Your attorney will help you by going through the details together, answering the questions correctly, and, most importantly, preparing you for cross-examination.
Protect the Client’s Rights
Throughout the process, the attorney will protect your rights. The attorney will not share any information with other parties regarding your case unless necessary. The attorney will also advise you on dealing with insurance companies, like avoiding signing documents without fully understanding them or discussing matters concerning the case when your attorney is not present.
You should note that, sometimes, you can share liability for causing the accident with the other person. If you are somehow liable for causing the accident, you will be apportioned some liability. The shared liability should not exceed 50%; you will not get any compensation if it does. If you are apportioned some liability, for example, 20%, the insurance company will deduct 20% from the amount you will receive.
Why Hire a Personal Injury Attorney?
It is important to hire a personal injury attorney because they help you get the maximum amount while you spend your time recovering. If you or someone close to you has suffered severe injuries from an accident, a personal attorney can help you recover damages from the liable party.