A personal injury lawyer can help injured people seek fair compensation from individuals or businesses that are liable for their injuries. Most injury cases are resolved out of court, and a qualified lawyer can handle all the aspects of a case for you including filing a claim with an insurance company, negotiating a reasonable settlement and, if necessary, fighting to trial to get justice.
The first step in a personal injury case is to prove that someone else was negligent. Proving negligence means proving that the accident would not have occurred but for the defendant’s actions or inaction. To prove causation, an injury lawyer can use witness testimony, expert witnesses, medical records and other evidence.
After establishing that the plaintiff suffered damages, a qualified injury lawyer must calculate how much the victim is owed. This involves looking at the victim’s economic losses like bills for medical treatment and property damage and non-economic losses like pain and suffering. Expenses like past and future loss of income, wages, and ability to work must be included in this calculation. To calculate these losses, the injury lawyer can review pay stubs and workers’ compensation statements.
If the defendant was not negligent, but they acted recklessly or intentionally, the injured party may also be able to recover punitive damages in addition to their economic and non-economic losses. However, the law differs between states and this type of recovery is not available in every situation.
It is very important that an injured person follows the doctor’s instructions regarding their care and treatment. If they don’t, it could give the insurance company a reason to deny their claim.
Almost all personal injury lawyers offer free consultations and charge no fee unless they win the case through a settlement or a verdict in court. They are also obligated to disclose the fees and expenses associated with their services. These expenses typically include expert witness fees, court reporter fees, charges for copies of medical reports and physician statements, filing fees, and other costs related to the case.
A good injury lawyer will review the case’s facts and legal theories with the client to determine the best strategy for obtaining maximum compensation. The lawyer will explain the risks and benefits of each strategy. The client can then choose the one that suits their needs.
While it might seem crazy to sue a business for spilt coffee, the woman in this case did have a valid complaint. The spilled coffee caused third degree burns that required skin grafts and took two years to heal. This was a severe and avoidable injury. Despite government standards and safety regulations, defective products can still find their way to consumers. A qualified injury lawyer can help injured victims hold companies accountable for the harm their dangerous goods cause. For this reason, it is always wise to choose a skilled injury attorney to help you with your claim. Contact Mahoney Law for a free case evaluation and initial consultation.