What Is the Role of a Personal Injury Lawyer in a Claim?
If you or a loved one has suffered an injury due to someone’s negligence, you need a personal injury lawyer to represent you should you decide you initiate legal action. Instead of engaging a general practitioner, having a specialized lawyer who is an expert in handling matters relating to the negligence of a third party can make a difference to the outcome of your case.
If you’re wondering about the specific role of a personal injury lawyer in such matters, here’s what you need to know:
Gathering the right evidence is central to the success of your claim. The law has strict requirements about what can be accepted as evidence. Any oversight at this stage can completely change the outcome of your case.
A personal injury lawyer is trained to understand the fine print of the law and ascertain the type of evidence needed to raise a claim successfully. Physical evidence, medical reports, photographs, and witness and expert statements are all critical to establishing your case. Moreover, if not preserved or photographed properly, physical evidence can get destroyed within a few hours or days after the incident.
This is where a personal injury lawyer can help, as they ensure the evidence is gathered properly. They also make sure all witness and expert statements are recorded, as per the requirements of law.
Evaluating the Merit of Your Case
Until the case is settled or heard and decided by a jury, no one can guarantee the outcome. But it’s of no use to pursue legal remedies if the outcome is destined to go against you. A personal injury lawyer will evaluate your case by considering all aspects of your claim and tell you what your chances of success are. Moreover, it works in their favor to do an initial assessment since most personal injury lawyers work on a contingency fee model.
Since they are familiar with the burden of proof, it’s their responsibility to tell you whether it will be too difficult to meet the requirements. And this examination goes beyond simply looking at the immediate facts of the case. Personal injury lawyers look at the entire incident comprehensively to determine how it has changed your life.
Help Negotiate a Settlement
Often, cases can be settled to achieve the best outcome. In fact, trials are riskier, expensive, and may go against you even if the odds are in your favor.
As an aggrieved party, you may hardly be in a position to negotiate with the party at fault. Even if you do it on your own, you may end up overlooking critical aspects of the case and negotiating a much lower amount than you deserve.
Luckily, that’s one of the advantages of getting a personal injury lawyer on board, as they can negotiate on your behalf. Armed with knowledge and years of experience, a lawyer knows the ins and outs of dealing with all other parties to ensure that you get a fair outcome.
If your case is going to trial, you will need solid arguments. Even a single misstep here can impact the outcome of your case. A personal injury lawyer knows how to draft the pleadings based on tested strategies that appeal to the audience. They know how to present their arguments persuasively and succinctly so that both judge and jury are likely to rule in your favor. They also manage the finer details of the pleadings, such as using the correct format and filing the motion on time.
Preparing Deposition Strategies
The examination of witnesses, claimants, or defendants plays a pivotal role in your claim. How each participant narrates the events leading to the injury you have suffered is essential to making your case to the jury and judge. But in the absence of thorough preparation of plaintiffs and their witnesses, there is a chance that the case may get dismissed on summary judgment.
A personal injury lawyer helps their clients craft a compelling story and present it clearly and so the weaknesses aren’t highlighted. They also work out how to depose the defendants during cross-examination and poke holes in their statements to strengthen your case.
Negotiating With Insurance Companies and Sending Demand Letters
Insurance companies are key stakeholders in most personal injury claims, and dealing with them is often challenging. Personal injury lawyers are experts when it comes to negotiating with insurance companies. Not only do they go over the details of the policy statement to determine the exact compensation available, but they can also ensure regular communication with the insurer to avoid any untoward circumstances where the claim gets rejected or jeopardized.
A personal injury lawyer may also send demand letters to the insurer detailing the facts and the estimate of the claim amount payable on account of the injury. In fact, they also ensure that the insurance companies pay up the maximum amount possible following the policy terms, as insurers attempt to find loopholes in the claim to reduce their liability.
Are you looking for a personal injury lawyer to give you solid legal advice?
Now that you’re familiar with the role of a personal injury lawyer, make sure to approach one if you or a loved one has experienced an accident that has resulted in injury or even death. Suitable legal representation can help you obtain the compensation you deserve.
If you are looking for a personal injury lawyer in Portland and Pacific Northwest, reach out to Warren Allen LLP. Our attorneys are licensed to practice in Oregon, Washington, and Idaho courts and can help you litigate your personal injury claims successfully. Contact us to learn more.