When and why you need a personal injury attorney?
Legal assistance is necessary to file personal injury claims, and you must hire a personal injury lawyer to navigate through the process and arrive at a satisfactory settlement that compensates the damages undergone by the plaintiff. Unlike instances of facing criminal charges when it is mandatory to arrange for legal representation, it is not binding on you to hire a lawyer for representing your personal injury case, but by doing so, you can ensure that you get the right compensation. Moreover, it also sends a signal to the other party or defendant that you are ready to go for court trial if the need arises. The move helps to arrive at out of court settlement that happens faster than going for trial. Read more about various facets of personal injury cases that make it evident why you must have a personal injury lawyer by your side.
Background of personal injury laws
Framing laws by the legislators or passed in statutes and bills is not the only method of creating personal injury laws because many personal injury laws date back to “common law rules” of the yesteryears. The judge’s decision about the case and on that issue of the law becomes a precedent and binds on other courts in the state that are lower than the court in which the judge presides. It becomes binding on the other courts to apply what the judge ruled, and ultimately, all of these binding precedents leads to the creation of a body of common laws.
Common law differs from state to state, which is why personal injury laws vary across the country. Restatement of Torts is a collection of common laws that form a guidebook and explains the details of the rules, and many states draw guidance from it on matters related to personal injury.
But not all personal injury laws are common laws, and there are some formal legislation or statutory laws related to personal injury. For example, although the personal injury is part of the Workers Compensation Act, it considers only work-related injuries while leaving out all other types of personal injury. For injured workers, Workers Compensation Act provides the exclusive remedy.
Why you should hire a lawyer
Whenever you feel that there is a threat to your civil rights, freedom, and finances, you should hire a lawyer, and since personal injuries cause financial losses and other damages, you can file a claim for compensation by hiring a lawyer. The lawyer helps to protect your rights against personal injury caused due to the negligence of someone else. You need to build a solid case for personal damages to claim good compensation which only a lawyer can help with, and you need legal assistance in a variety of matters because it would improve the chances of winning better compensation.
Although most of the personal injury cases, almost 95% end in settlement through mutual consent of both parties, the lawyers of the insurance settler would be involved in the process which means you must also have a lawyer to deal with them effectively. The lawyer can also appear for trial in case of failed out of court settlement.
Take advantage of free consultation
Most personal injury lawyers offer a free consultation to would be clients who meet them for the first time without any obligations. The discussions should help you to understand better the prospects of getting proper compensation as the lawyer will quickly assess the strengths and weaknesses of the case. As you can gauge the merit of your case, it becomes easy to decide about filing the claim for compensation. The kind of response you receive from the lawyer during the interaction bear hints about how much interest he or she takes in the case that decides your future course of action. If the lawyer does not give enough time and does not answer all your questions or appear to be evasive, it indicates how he or she would behave in future in case you hand over the case.
Make a list of questions to ask the lawyer during the consultation so that you gain enough insight into the prospects of filing a claim for personal injury.
Determine the value of your claim
The average person does not have any idea about how much compensation they can get for a personal injury claim. Moreover, relying on online personal injury claim calculator can be misleading in most cases. There are so many parameters to consider in assigning a value to your claim that only a personal injury lawyer is capable of determining the right number. However, you must wait until you receive the compensation to know how well the layer could assess the value.
The lawyer will analyze your injuries to determine the extent of damages, pain, and suffering to working out a figure that seems reasonable to offset the losses and help you start your life all over once again. The compensation amount will also include the medical expenses that you would incur in the future to fully recover from the injuries. The lawyer would be familiar with the working of insurance companies and take into account the strategy of the insurance company to counter it effectively for establishing the claim.
Get an edge in negotiations
It needs special training, knowledge, and experience to handle cases of personal injury, which makes it imperative to hire a lawyer. The success of the claim depends on how well you negotiate with the defendant’s lawyer or the insurance settlers, and it is never an easy task. Often insurance companies engage top lawyers to negotiate the case, and you too must have compatible legal representation to reach a fair settlement. Typically, claimants lack the legal knowledge and could be at the receiving end during negotiations that can spoil the prospects of a favorable claim settlement. Most importantly, they lack the resources necessary to build up the case convincingly by ensuring that it meets all the legal requirements.
Personal injury attorneys charge contingency fees, meaning that they earn a certain percentage or fixed sum of the compensation amount and gets paid only after reaching the settlement. The arrangement keeps the attorneys motivated, which increases the likelihood of higher compensation.
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