If you were wrongly injured in an accident, you can expect to file a claim for compensation coverage, either with your own insurance company, or with the negligent party’s insurance carrier. You may even need to file a third party claim if more than one person was involved or responsible for your accident and subsequent injuries. Furthermore, it is possible that you will have to take your claim to trial if the insurance company is not willing to give a fair settlement after hours of frustrating negotiations.
This is just the surface of everything an accident claim entails. All cases are different, and there are endless possible obstacles that can arise at any time during a claim, including rehabilitation, deadlines, creditor issues, bill payment, loss wages, and more. In order to manage a claim, recover the compensation you need, and rehabilitate from your injuries, you’ll need an experienced personal injury lawyer. They provide direction and assistance in various ways, making them an invaluable part of your personal injury case. Continue reading to learn what a personal injury lawyer can do for you in one of the most frightening and distressing times of your life.
A Lawyer’s Duty
The general duty or purpose of an accident lawyer is to provide legal representation for physically or psychologically injured victims seeking compensation to cover their damages and losses that resulted from the accident and injuries. In most cases, a personal injury lawyer can negotiate a claim and settle out of court; but an experienced lawyer is always ready and willing to go to trial if necessary. Although all cases are different, the basic role of an accident lawyer doesn’t change; however, the particular duties they carry out will change depending on the needs of the case.
Here are some examples of the common duties of a personal injury lawyer:
Gather Evidence – In the beginning, they will conduct a comprehensive investigation in order to gather all the evidence they can surrounding your claim. This includes police reports, witness statements, pictures, videos, and more. Once the client is medically stabilized, they can continue their investigation by collecting medical records, health reports, employment records, and more. This evidence will help build a case by verifying the details of the accident, documenting the progression of the damages, and establishing fault.
Insurance Negotiations – Next, they will solicit an offer from the insurance company and continue negotiating with them until a full and fair offer is made. If the insurance company will not budge, then more drastic course of action is necessary.
Trial – If the insurance company will not agree to a fair offer, the accident attorney will file a lawsuit and take the case to court or demand arbitration, or possibly even both. Once a lawsuit is file, the opposing party has 30 days to respond. Upon receiving all responses from all defending parties, the discovery proceedings can take place, which involves witness testimonies, expert testimonies, depositions, and more. Once the discovery proceedings are finished, a trial date is scheduled. This date can be right away or months down the line; it all depends on the current traffic of the courts.