Question 1

What Is a Personal Injury Claim?

Accepted Answer

A personal injury claim or lawsuit typically results from someone else's negligent behavior. A negligent party acts unreasonably under the circumstances. Usually, this means that the at-fault individual or entity took action that a hypothetical reasonable person should not have taken in the same situation. Alternatively, the negligent party might have failed to take action where a reasonable party should have acted under the circumstances. For example, in the context of a car accident case, a driver is usually negligent when they fail to follow one or more traffic laws or regulations or they otherwise drive in a careless, distracted, or intoxicated manner under the circumstances. In addition to classic car and truck accidents, personal injury cases may also arise from: Pedestrian accidents Bicycle accidents Motorcycle collisions Slip and fall accidents Premises accidents that result from negligent security Construction site accidents Electrocutions or explosions Workplace accidents An excellent personal injury attorney in your area can review the specific facts and circumstances applicable to your case and determine if you can file a personal injury claim or lawsuit for monetary damages. If you move forward with a claim, your attorney can gather the necessary supporting documents and submit those documents to the insurance company adjuster, usually for the at-fault party. Your attorney can then begin negotiating a fair settlement offer to compensate you for your injuries and other accident-related losses.

Question 2

How do I Recover Favorable Damages in a Personal Injury Case?

Accepted Answer

To recover favorable monetary compensation in a personal injury claim or lawsuit, you, as the accident victim, must first establish your legal burden of proof by a preponderance of the evidence. This standard means that it is more likely than not that the other party acted unreasonably and negligently, given the circumstances of your case, and that the accident (as well as your injuries) resulted directly from the other party’s unreasonable actions or inactions. First, you must establish that the other individual or entity owed you a legal duty of care they subsequently violated. For example, when a driver operates their vehicle while under the influence of drugs or alcohol or they exhibit road rage, they deviate from the standard of reasonable care. Next, you must show that your accident and injuries occurred as a direct result of the other party's duty-of-care breach. A knowledgeable personal injury attorney can help you prove the necessary legal components of your claim or lawsuit. Your attorney can do this by gathering the required documents and, if necessary, retaining one or more experts to testify on your behalf at a discovery deposition, civil jury trial, or arbitration proceeding. For example, your attorney can retain a treating medical provider – or a medical specialist – to provide compelling witness testimony in your case. A medical provider can causally relate your injury or injuries directly to the subject accident and/or establish that you suffered one or more permanent injuries in your accident. Your lawyer will know what to do when establishing your legal burden of proof and securing the favorable monetary award you deserve to recover through settlement or litigation.

Question 3

What Makes a Good Personal Injury Lawyer?

Accepted Answer

When maximizing the monetary damages you receive through a personal injury settlement or litigation result, you should have qualified legal counsel on board at every stage of your case. A good lawyer can investigate your claim, thoroughly negotiate on your behalf, and litigate your case in court if you need to. First, an excellent personal injury attorney will have significant experience in the personal injury field. Ideally, you want a lawyer whose practice significantly involves personal injury litigation. An excellent personal injury attorney will have significant experience representing clients in various injury matters and advocating on their behalf in court. You also want a personal injury lawyer who regularly (and successfully) litigates cases in the court system – not one who just settles all of their cases out of court. Insurance companies are routinely aware of personal injury lawyers who settle all of their cases, and they are less likely to offer these attorneys significant monetary compensation to settle their clients' cases. However, when a personal injury attorney frequently litigates cases in court, insurance companies are more likely to take them seriously and offer them a higher monetary settlement from the get-go. You also want a lawyer with significant personal injury trial experience and who knows how to gather evidence in a case and present it effectively in the courtroom. A reasonable trial attorney will also know how to use opening statements and closing arguments to their client's advantage. Finally, you want an attorney on your side with a clean ethical record and does not have a history of prior disciplinary code violations.

Question 4

How Can a Personal Injury Attorney Help Me With My Case?

Accepted Answer

An excellent personal injury attorney can be an invaluable help during every stage of your claim or lawsuit. First, a personal injury attorney can thoroughly investigate your accident circumstances and determine your eligibility for filing a claim in the first place. Investigations are critical if the insurance company is disputing fault or liability for your accident. In that situation, your attorney can retain an accident reconstructionist who can visit the accident scene, review incident reports and police reports, review any available camera footage, and speak with witnesses about the accident. The accident reconstructionist can then draft a statement describing how the accident likely happened and who caused the accident. Finally, an accident reconstructionist can authenticate their findings live in court on the witness stand. Next, an excellent personal injury attorney will know how to gather essential evidence in your case. Important documents may include copies of incident reports and police reports, medical records, medical bills, injury photographs, property damage photographs, and video footage of the incident scene. Your attorney can then submit all these documents to the insurance company adjuster for their evaluation and review. During settlement negotiations, your lawyer can also strongly advocate on your behalf. In many situations, insurance company adjusters make lowball offers to settle personal injury claims and lawsuits. After all, adjusters try to save their insurance companies as much money as possible. A good lawyer will know the actual value of your personal injury claim and can advise you not to accept a settlement offer that significantly undervalues your injuries – and your case as a whole. Your attorney can also represent you during all insurance company settlement negotiations by pointing out the favorable aspects of your case, including pertinent medical records and bills. Finally, if the insurance company does not offer you the fair monetary award you need, your attorney can file a lawsuit in court and litigate your case through the court system. If litigation becomes a necessary step in your case, your attorney can assist you during every stage of the proceedings. Specifically, they can help you answer written discovery questions, called Interrogatories, from the defense attorney and prepare you for a discovery deposition in your case. Your lawyer can also represent you at a civil jury trial or binding arbitration hearing, introduce supporting evidence on your behalf, make convincing arguments supporting your case, and work to secure the maximum compensation you deserve.

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