An injury lawyer handles claims for people who have suffered injuries from an accident, such as a car crash or a fall at work. These lawyers can help them get the compensation they deserve to pay for their medical bills, lost wages and other damages. They can also help with legal issues related to insurance disputes and filing lawsuits.
An injury case is a complex matter that involves multiple parties and several different stages. It’s important to hire an experienced injury lawyer to ensure that your legal rights are protected. A good injury attorney will be able to guide you through the process and help you reach your goals for your case.
The first step in an injury case is to gather evidence. This may include police reports, witness testimony, photographs of the scene of the accident, and medical records. An injury attorney will review the evidence to determine whether there is a strong claim for damages.
If it is determined that there is a strong claim for damages, the next step is to file a lawsuit against the party who was responsible for the injury. This is known as a tort action. The lawsuit must be filed in the correct court. The right court depends on a number of factors, including the jurisdiction where the accident occurred and how long it will take to schedule a trial date.
Once a lawsuit is filed, the next step is for the lawyer to prepare legal documents called pleadings. These pleadings explain the facts of the accident and the relief sought (such as a financial settlement or a court-ordered injunction). During this stage, the injury lawyer will also implement a strategy to get the evidence needed to prove your case.
One of the most difficult tasks in a personal injury case is establishing causation. This means showing that the defendant’s actions caused the plaintiff’s injuries. The injury lawyer must establish actual causation, or literal cause and effect, and proximate or legal causation, which is the link between the defendant’s actions and the plaintiff’s injuries.
After a period of discovery, the injured person’s attorney will prepare and send a demand letter to the liable party’s insurance company. The insurer will usually respond with a settlement offer. The injury lawyer will evaluate the offer and negotiate with the insurer to get a higher settlement for the client.
If a settlement is reached, the injured person will sign settlement and release forms. These documents state that, in exchange for the settlement amount, the client will release the defendant from any further liability for the accident. If the case goes to trial and a verdict is returned, the attorney will prepare for post-trial motions and collection of the judgment.
The process of settling or winning an injury case can be lengthy. Injury lawyers use their knowledge of the law, experience dealing with insurers and understanding their clients’ goals to achieve the best possible outcomes. By working with an injury attorney, an injured person can focus on recovering from their injuries and getting back to a normal life.