A personal injury lawyer is basically a lawyer that offers legal assistance to those who claim to be injured, either physically or mentally, due to the negligence of another individual, organization, government department or any other entity. Personal injury attorneys primarily practice in the field of law called tort law. This form of law is the one that most often ends up with victims accepting a settlement against those who caused them harm. Most often than not, these awards are quite small and do not cover the expenses associated with the injury.
The personal injury lawyer has a number of legal responsibilities that he or she must perform. First, they need to file lawsuits on behalf of their clients. While it’s true that most plaintiffs in such lawsuits are not successful, these attorneys do have a professional responsibility to their clients to adequately represent them and provide them with the best compensation that they can hope to receive.
In many instances, the attorney will not simply file a complaint but will also take the time to thoroughly analyze the claim that his or her client has filed. Second, they are expected to assess the strength of a claimants case and determine whether or not he or she should move forward with the lawsuit. If a personal injury lawyer believes that a settlement would be in his clients best interest, then they are also obligated to advise their clients of their chances of winning their claim. Third, they will also consult with their clients on possible settlement offers and what they should expect from the opposing party. Fourth, and perhaps most importantly, they are expected to make sure that their clients receive the fair compensation for their claims.
When it comes to filing claims with a personal injury lawyer, you will need to set up a meeting first to go over your case and what exactly your attorney expects from the other party. This includes details such as what percentage of your settlement is your lawyer’s fee, whether or not your claim is a breach of someone’s civil rights and what type of payment your attorney will charge you if you win your claim. The discussion will be strictly confidential between your attorney and the other party’s legal representative.
Once your attorney gives you the all-clear on the details of your claim, you can then contact the insurance company for a settlement offer. Depending on who you’re dealing with, the process may vary in how quickly or slow the offer comes through. It may also help to contact the insurer ahead of time to see if they can offer any information on reducing the overall amount of your settlement offer. For instance, if you know that you’ll qualify for additional medical benefits, it may help your case if your insurance company can increase your payment amount for these benefits.
Once you and your insurance adjuster have come to an agreement, your lawyer may file court documents to go before a judge for a final judgment on your behalf. Depending on your state, a judge will either grant your request for damages or remit the case to a jury. If your personal injury lawyer wins your case, you may be awarded damages in excess of what you expect, or even receive payments to which you are unable to reasonably cover.
Some states do not permit trials to be tried by juries and instead allow the courts to decide cases. Some legal systems also allow “Jury trials” where the only way to decide a case is by the judge and attorneys. Personal injury lawyers who are successful in such cases present their clients’ case to juries in hopes of obtaining verdicts that favor their client. The chances of obtaining a verdict are generally poor, and personal injury lawyers lose more cases than they win. However, this does not mean that a personal injury lawyer will not try a case in court. Many lawyers who have a successful trial experience do not practice law ever again.
After reviewing your case details and consulting with your attorney, your lawyer will then determine whether he or she will file a case against the company whose insurance policies you have filed a claim against. He or she will then determine whether or not to seek a settlement from the insurance companies. Most personal injury lawyers wait to consult with their clients until the advice has been received and analyzed. Then they make the decision whether or not to proceed with a settlement or go forward with a trial. If you decide to pursue a settlement through your law firm, your attorney will draw up a standard settlement agreement to be used for all plaintiffs.