Personal Injury Lawyer – Attorney to Deal with Personal Injury

A
personal injury lawyer is one of the much in demand lawyers as he handles a
vast array of issues related to injury due to the negligence of a person or a
body. The legal issues arising are dealt with under tort law. A personal injury
lawyer helps their clients to get justice in case of physical injury and
defamation. He tries to restore the position of aggrieved. The justice done
discourages such acts by others.

Cases
Handled by a Personal Injury Lawyer

There
are several types of cases that are covered under personal injury law. Here we
discuss some of the major types of cases along with their detailed description.

Car
or Auto Accident Cases

Car
injury or auto injury is one of the most common types of personal injury cases
in the US. Most of the times such 0accidents happen due to the negligence of a
driver who has not followed the traffic rules. A car attorney files a complaint
so that the wrongful car driver can be held responsible and the financial
losses done due to the accident can be recovered. There are very cases that
fall in the no-fault category where the drivers need to claim financial losses
from their own insurance companies.

Slip
and Fall Cases

Another
important category of a personal injury case is slip and fall cases. There
could be various reasons for slip and fall. But if you slip on someone’s
personal property and get injured you have every right to take action against
the owner of the property. As per the law, the responsibility for keeping the
property safe for the public lies with the owner. If he fails to provide a safe
premise, he will be held accountable for the damage done. 

Medical
Malpractices

Medical
malpractice is another area where a personal injury lawyer has a role to play.
If you have been treated wrongly due to the mistakes of doctors, nurses or
other medical professionals at a hospital due to which your condition has
worsened, you can file a personal injury lawsuit with the help of a personal
injury lawyer experienced in medical malpractices. Some of the major medical
malpractices are a faulty diagnosis, wrong treatment, surgical errors, wrong
medicine administered, and injuries during the delivery of a child. Here it is
worth noting that just not getting the desired results in a medical case
doesn’t make it the fit case for medical malpractices.

Wrongful
Death

Wrongful
death is the term used when someone dies due to the negligence of others. A few
examples of wrongful death are vehicle crash, medical negligence, construction site accident, airline accident, or death due to the use of a defective
product. In such a lawsuit a victim can claim recovery for the damage.

Workplace
Accident

Great
attention should be paid to the laws related to a personal injury accident. A
worker who gets injured while working for an employer can’t file a personal
injury case against his employer. However, he has the liberty to file a
compensation suit under the local law. The local laws have enough arrangements
for compensation for injured workers.

Defamation:
Libel and Slander

Defamation
is an effort to cause hurt to a person’s reputation by making an untrue
statement against him. Here a complainant has to prove that how a negative
statement has harmed to him. If the plaintiff is a celebrity or a public
figure, he has to prove what the actual malice is. They have to prove that the
malicious statement was made intentionally or as a disregard to the truth.

Dog
Bite

Dog
bite also comes under the purview of personal injury law. The owner of the dog
can be held responsible for the financial losses and injury caused by the dog
bite. The laws and liabilities related to dog bite change from one state to
another. Some state holds the owner responsible even if no aggression or
propensity to bite is shown by the dog in the past. On the other hand, some
states observe one bite rule. In this law, the owner is held responsible for
the financial damage or injury if there is a reason to believe that the dog is
aggressive. A bite history may also be the basis for aggressive behavior.

Assault,
Battery and Other Intentional Torts

Contrary
to another kind of personal injury cases, this case is not based on the injury
done due to negligence or reckless behavior. Instead, it is based on one person
harming another purposefully. These cases will be treated as criminal cases. In
addition, the victim can file a personal injury lawsuit to get compensation for
injury caused due to attack.

How
to Get the Best Personal Injury Settlement?

Are
you someone who has met with an injury due to the negligence of others and has
filed a lawsuit for the compensation? However, you have the option to go for a
voluntary settlement. But while doing so you must be seeking a fair settlement.
Here we will suggest ways to get the best personal injury settlement.

Be Specific About the Settlement Amount

If
you are planning to settle for a voluntary settlement, you must have an
appropriate settlement amount in mind. You must know how much should you claim
for settlement. You should have that figure in mind before you talk to an
insurance company. You should keep this figure to you. Having a minimum figure
in mind will help you negotiate better. You shouldn’t be rigid about the
compensation. If an insurance adjuster brings new facts before you, then the
compensation amount may change. So, you should be flexible in that part. If he
offers an amount that is near to the minimum amount you have decided as
compensation, you may go for a settlement. But if you find some facts that may
substantiate your case then you should claim for higher compensation.

First
Offer is Not Always Good

Anyone
who has dealt with an insurance company knows that an insurance adjuster offers
a low offer at the beginning. It is just a negotiation technique. Adjusters
trained to solve insurance claims by offering a low amount. You should control
your nerves and shouldn’t accept the offer. Once they make an offer you should
know whether it is a genuine or very low offer which does deserve even
consideration. If you think that it is genuine you should make a counteroffer
which is slightly more than what they have offered. It will help find a common
ground between you an adjuster. It will also show that you are not stubborn and
are willing to compromise and resolve the issue out of court. With a little
more bargaining you can reach the final settlement amount. You have to keep
referring to the strong points of the case saying that it was an insured part
that was at fault.

Let
Adjuster Justify the Offer

The
insurance adjuster might offer a low price to you. It is a gimmick. You
shouldn’t lower the price you have declared in your demand letter. We advise
you to not to lose your calm. Instead, you should ask him to explain why they
have quoted such a small price. If they provide some important points, you
should document the conversation. Then you should evaluate every point to know
whether the adjuster was right in approach. If you find the argument logical
you can lower the price. We request you to not to lower the compensation amount
immediately. You should wait for some time so that adjuster can offer you good
compensation.

Put
Your Points Strongly

You
should put your points strongly. If there is any emotional point in your case,
you should focus on that point as well. If the accident has affected your
ability to earn, you should communicate the same to your adjuster. Tell them
how your family has suffered due to the loss of income. How your small child
has suffered by seeing you in distress. These factors might not seem important
but they can tilt the claim in your favor.

Wait
Till You Get a New Offer

One
of the major factors in getting the best personal injury settlement is that you
have to be good at bargaining. You shouldn’t reduce your demand unless the
adjuster gives you a new offer. Don’t reduce your demand twice unless the
adjuster gives you an intervening increased offer. But if you are not getting a
reasonable offer then you need to make efforts to put some pressure on the
insurance company.

Engage
Your Attorney

If
your negotiation is not going well and the insurance adjuster is not responding
to your demands then it is the right time to engage your personal injury
attorney. Engaging an attorney is important where you are demanding a large amount
as compensation. You should also seek the services of an attorney when you are
demanding compensation for the lost future income and it is to decide who was
at fault during the accident. An experienced attorney will help you prepare
your case well and will help you get better compensation.

Document
the Agreement

When
you and the insurance adjuster reach an agreement about the personal injury
settlement. You should immediately document it. it is a confirmation that the
agreement has been done.

Major
Steps in a Personal Injury Lawsuit

Before
hiring a personal injury attorney to file a lawsuit you must understand how a
lawsuit will progress. In order to provide you with insight. Here, we are
discussing the major steps in a lawsuit.

Victim
Gets Injured, Hires an Attorney

Victim
or plaintiff injury and defendant liability are at the heart of a personal
injury case. If the damage is big that can’t be settled with negotiation, the
plaintiff hires a personal injury attorney. The attorney seeks the detail and
checks if the defendant has an appropriate insurance cover or assets. If the
attorney finds that the case is viable and agreement is done between the
plaintiff and the attorney.

Complaint
Filed and Served to Defendant

If
the attorney finds that there is an appropriate case then the attorney files a
complaint in a civil court. It is the primary document that states what the
plaintiff has alleged against the defendant. Once the complaint is filed, the
attorney attendant has a month or more time to contact the defendant so that
the complaint notice can be served. The attorney serves the complaint in a way
that the defendant can’t deny having received it. Along with the lawsuit, he
also gives the papers and a date by which the complainant must appear before the
court.

The
Defendant Also Hire an Attorney

A
defendant has a month or more time to hire an attorney who can represent him in
the court. If he has an insurance cover or appropriate assets, he can easily
find a lawyer. If the defendant is insured, he contacts the insurance company
about the lawsuit. Then insurance company provides a personal injury lawyer if
the defendant has not hired a lawyer.

Pre-Trial
and Discovery

In
pre-trial or discovery phases both the parties ask each other about the
evidence. Both the parties will meet judge to tell him how the lawsuit is
proceeding and whether or not they are settled for arbitration. As the case
proceeds both the parties will go under question-and-answer sessions. The case
proceeds for months or even years.

The
Trial Phase

In the trial phase, the judges or the jury
will determine whether the defendant is guilty or not. Whether he should pay
compensation or not. Even if he is guilty what compensation should be paid.
Both parties have the right to appeal. If the defendant losses the case, he
will have to pay the amount, determined by the court of law.

Most
Cases Settle Before the Trial

In
most cases, settlement takes place before the trial. At any stage of the cases,
both the sides can decide to get into a settlement and end the case. So, if you
are filing a case, you should know from your attorney whether it is worth
fighting it or a settlement is a good option.

When
to Hire a Personal Injury Lawyer

Not
all cases need to be represented by a personal injury lawyer. However, there is
no certain guideline about when to hire a personal injury lawyer. But there are
certain conditions that are ideal for hiring a personal injury lawyer.

You Have Received a Major Injury

There
are times when a victim hesitates to file a complaint against the party at
fault because a victim has received a minor injury. In such a situation,
insurance an amount slightly more than the damage done. And people think that
there is no need to consult an attorney.

But
here we strongly against it. Because you never know when your minor injury can
turn major. There are times when what seems a small injury may turn a bigger
one. Or what seems to be a handsome compensation might not be sufficient. A
good attorney might help you get good compensation.

You
Suffered a Disabling Injury

If
you have received an injury that takes a long time to heal or leaves you with a
permanent disability then you are entitled to get appropriate compensation.
Here you need to hire a personal injury lawyer. Such a personal injury lawyer
will consider all the options so that he can get a maximum claim for you.

Multiple
Parties May be Involved

There
are times where multiple parties are involved and liability is not clear. If
the number of injured people is more, it makes complex for insurance companies.
As there could be small compensation. You may end up getting a small amount.
Here an experienced attorney can help you get the right compensation.

Fee
is Not a Major Issue

In
most cases, people hesitate to hire a personal injury lawyer for the fear of
exorbitant fee. Here we strongly suggest you to not to do this. Most of the
lawyers work on a contingency basis. It means they won’t charge anything unless
you win the case, or your case gets settled out of court. By entering into a
contingency fee agreement, you allow your lawyer to collect the fee directly
from your settlement. Even if you opt for filing a lawsuit, you can do an out
of court settlement. Different percentage of fees are charged for different
kinds of settlements.

Lawyer
Represented Cases Gets Higher Compensation

It
is not an assumption but a fact that injury cases represented by the personal
injury lawyers get higher compensation. The percentage of increased
compensation varies from case to case but overall, it is more as compared to
cases fought individually.

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