How Personal Injury Attorneys Prepare Their Cases
Your lawyer will take several steps to prepare your case for settlement or trial. This will include gathering evidence and interviewing witnesses.
Make sure you document all expenses, such as medical expenses loss of income, medical expenses, and damage to property. Documentation that is well-organized will help you get the compensation you are entitled.
Medical Treatment
If you're injured as a result of an accident, it's vital to seek medical attention. This not only ensures that your injuries are treated it also aids the production of documentation that can support your personal claim for injury. Without the right medical evidence, it may be difficult to obtain compensation from an insurance company.
A competent personal injury lawyer will ensure that you get the required medical treatment and that your bills are paid. They will discuss your doctors, speak with the medical staff who tended to you and collect in-depth medical reports. They will also consult with experts in order to establish liability and create an argument for a maximum settlement for your injury.
In some instances, personal injury attorneys can arrange for you to see a doctor at little or no cost. The doctors will work directly with the attorney for personal injury and typically accept pip, med pay or third party billing. Some will even work on a lien for the attorney.
The doctor will draft an extensive account of your injuries, which can serve as an important document for your case. This will include a detailed description of your symptoms, and the way in which the accident caused them. The doctor will also recommend treatment options. This treatment may be as simple as a prescription medication like tramadol, Ibuprofen or oxycodone or more involved procedures like surgery or physical therapy.
It is important to follow the doctor's instructions as closely as you can. Record all follow-up appointments and other treatments. Insurance companies will be able to scrutinize these records and if you have any gaps between your treatment, it might be difficult for them believe that your injury was caused by an accident.
Your personal injury lawyer will also work with your own insurance company as well as the insurance of the party at fault to negotiate an equitable settlement. They will look over medical reports and case law to prepare for an extensive settlement negotiation.
Settlement Negotiations
After your medical treatment has been completed and you have achieved maximum improvement in your medical condition, it's time to negotiate your settlement with the insurance company. A skilled personal injury attorney in your corner during the negotiation process can assist you in avoiding common strategies insurance companies use to limit their settlements.
The first step in the negotiation process is to send a demand note outlining the amount of settlement that you are seeking. This includes a list of special damages which are your financial losses that are hard to quantify such as medical bills and receipts, wage loss statements and future financial losses that could result in the loss of earning capacity. It is also crucial to determine your general damages, which includes the pain and suffering you endure emotional distress, loss of consortium. This is difficult to estimate and requires an approach that is more subjective. It takes into account things like the severity of your injuries, your present and future loss of enjoyment in life, and the physical and emotional limitations triggered by your injuries.
An insurance claims adjuster will contact you to discuss the specifics of your case and your injuries. They will probably start the discussion by making an initial settlement offer that is low, because it is her job to minimize payments to the employer. An experienced attorney is prepared to respond with a fair and reasonable settlement that takes into the consideration all of your injuries and damages.
After a couple of rounds back and forth you should be in a position to agree on the terms of settlement. It is important to take specific notes about these discussions. Include the dates and the amount of each round. This will assist you in recalling the discussions when it's time to review your final settlement agreement and confirm it.
If your case isn't resolved through settlement negotiations with the insurance company, then you may need to participate in mediation, which is a court-facilitated dispute resolution process which usually involves an arbitrator. Arbitration may take longer than a trial, and is therefore not always the best option.
Mediation
In a personal injury case, mediation is often available to settle the case quickly prior to going to trial. During mediation the parties along with their lawyers meet with a neutral third party to discuss the matter. They then attempt to reach an agreement.
The mediator is typically an ex-judgment or lawyer who has experience in personal injury law. During the mediation, your lawyer will go over all the evidence and facts in your case. They will also examine your medical documents and accident report. They will also assess the emotional and financial impact of your injuries. This is important because you need to be able to pay for ongoing medical treatments as well as lost wages and the loss of enjoyment in life.
During mediation both sides will make opening statements and give evidence. The attorneys from each side will have private sessions with the mediator to discuss the case. This lets the plaintiff and defense to be protected from interruptions by the lawyers for the opposing side. This helps to lessen the tension and conflict that can be created during negotiations.
One of the main reasons insurance companies try to settle a personal injury case is to pay less. A personal injury lawyer can assist you to find the best settlement ensuring the insurer is aware of the full amount of your damages. This includes your current and future medical expenses, your loss in income, the cost of home healthcare, and the emotional impact.
An experienced attorney will be able to tell when to make a strong demand during mediation and will also be able to determine if a settlement proposal is low. They also know the tricks that insurance companies employ to attempt to shift blame onto you or limit their exposure.
Trial
A trial is a formal legal process in which each party presents their case before a judge or jury. The attorneys must prepare for the trial by asking for documents such as interrogatories (written questions that are answered under the oath) depositions of witnesses and scrutinizing physical evidence such as photographs, clothing, damaged property and medical documents. They may also visit your accident scene to gather more information and make observations.
Your attorney will create your case to encompass every aspect of how the accident has affected you. This includes past and upcoming costs for medical treatments and lost earnings due to lower availability at work and emotional effects like anxiety, insomnia and post-traumatic disorders. They will consult medical experts to determine the severity of your injuries and any long-term effects, like loss or disfigurement from a certain body part.
Your lawyer will make an opening statement to the jury, which sets out the case. The defendant's lawyer will then be able to give their opening argument.
Both lawyers will then cross-examine and question their own witnesses. The lawyer for the defendant may call expert witnesses in order to counter your argument and prove that your injuries aren't as serious as you claim, or to prove that you didn't establish a specific element of your claim.
If the jury concludes that the defendant is accountable for your damages, it will compensate you for your losses in full. If you are found to be partially responsible for the accident by the jury your share of the blame will be determined which will decrease the amount you get.
Making the decision to go to trial is a significant decision that only a personal accident lawyer can tell whether it's worth the time, effort and expense of pursuing your case all the way until a decision. In fact, many personal injury lawyers will only take cases to trial if they are certain that they will be able to secure an appropriate settlement from the insurance firm.