Before diving into how an attorney can assist people in personal injury cases, let us look at what personal injury is. When we talk about personal injury, we are referring to any injury that has been caused due to someone else’s negligent and reckless behavior. More often than not, this refers to damages that are caused during accidents.
However, personal injuries can also be caused due to intentional acts targeted towards causing harm to an individual or an entire group of people. It also includes injuries caused by defective products such as inefficient medical devices, pharmaceuticals and consumer products, and vehicle components that might malfunction and cause an accident.
Suppose these products have the potential to cause any harm or damage, they can be termed as unreasonably dangerous. In that case, the injuries caused by these products will be accounted for as personal injuries.
Personal injuries can also be caused by defamation. When we talk about libel, we refer to people making defamatory statements that are targeted towards causing harm to the victim and their reputation. Due to the mental stress caused as an aftermath of the personal injury, it is good to contact a lawyer who might assist the victim in their case.
Owing to the wide variety of cases that come under the branch of personal injury and the unique nature of each case, it is essential to hire a lawyer who is good at his job and can help by providing the most optimum outcome to the case.
Personal injury covers a wide variety of issues. Different situations might be involved; thus, the personal injury attorney helping the victim must have a sufficient amount of experience, so he/she knows how to tackle the case and present an altered solution to each case depending on its nature.
Suppose the person who has been on the receiving end of a personal injury had an accident on someone else’s property, and the accident was due to the owner’s negligence. In that case, the victim must contact a slip and fall attorney who can help them obtain the justice they rightfully deserve. These lawyers specialize in dealing with cases like this and are well-versed with the legal and technical issues that might arise in these cases.
Causes of Personal Injury
While negligence and recklessness are two of the leading causes of personal injuries, these terms are too vague to narrow down the actual causes. When we talk about faulty equipment, defective products, inefficient or malfunctioning components in a vehicle, or even personal injury accidents caused on someone else’s property, we can highlight a lack of regular maintenance as one of the leading causes.
This kind of negligence and recklessness is usually the owner’s fault and inability to maintain his products, property, or possessions in a top-notch state. This recklessness becomes unacceptable once it causes damage to other people, and the owner can thus be held accountable against the law. If the owner is at fault, contacting a premises liability attorney can be deemed a suitable option if the victim intends to compensate for his injuries.
Involving an Attorney
Resolving any issues related to the injury can be done personally; however, due to the mental stress and trauma associated with the injury, there is a high chance that the victim might not be able to achieve the best possible outcome. Owing to the unstable condition of the victim, the intervention of a lawyer becomes mandatory to an extent. Lawyers have a sufficient amount of experience in this field and can guide you in the right direction by giving you credible legal and practical advice.
Sometimes people tend to turn to insurance companies for compensation. However, insurance companies have their team of lawyers to make sure the insurance claim is not too high. Due to the already present team of lawyers, it is natural for an individual to feel overwhelmed or undermined and lose their case.
On the other hand, lawyers know how to deal with people. Thus, it is challenging for someone to dominate the room in the presence of a lawyer quickly. It is relatively more convenient and easy for lawyers to deal with people appropriately and be confident about their case, thus setting the image that the victim has a strong backing and should not be dealt with lightly. In addition to this, hiring an attorney to fight the case against the insurance company’s lawyers will level the playing field.
Suppose the victim was to go in alone to receive and justify his insurance claim. In that case, there are chances that the team of lawyers hired by the insurance company would try and present him with a smaller amount of desired compensation or even deny the claim altogether. These lawyers would take advantage of the victim’s lack of knowledge about the legal system and his already compromised mental and physical state.
Fighting a Personal Injury Case
If you are the victim of a personal injury, then the first thing you need to do is contact a firm or a lawyer who will assist your case. The firm or the lawyer who has been approached will respond to you once they have reviewed your case and if they think your case qualifies according to their requirements and is worth fighting.
Once your case has been accepted, and you have a lawyer by your side, the investigation related part of the case will begin. When it comes to fighting a case involving an accident that resulted in a personal injury, some evidence needs to be provided to ensure that the injury was caused due to someone else’s negligent and reckless attitude. This evidence includes, but is not limited to, pointing out the faulty conditions on someone’s property that became the cause of the accident.
Proving that the fault lies in the other party’s hands is necessary because property owners can be held directly responsible for knowing any defects and damages present at their property and might pose a risk to others. Even if the owner failed to fix the damaged situation, he must have been responsible enough to put a warning sign that would have indicated the presence of a harmful or dangerous situation and could have helped in preventing the accident from occurring in the first place.
In other instances, lawyers may have to communicate with witnesses present when the accident occurred and may even revisit the accident’s area to unravel the case entirely. These analyses are essential in performing a thorough investigation, and perfect analysis of the case would help evaluate the compensation that the victim should receive.
Proceeding with the Case
The evidence that might be needed will vary depending on the nature of the case. However, the usual procedure regarding personal injury cases dictates that the lawyers should first initiate investigating the accident. This tedious process involves examining the claims made by the victim through the medical bills, repair bills, and other expenses that might have incurred due to the accident.
Secondly, the lawyer will add more credibility to the case by interviewing any witnesses present at the scene of the accident. The questioning of witnesses should not be delayed way too much since there is a chance that the witnesses’ memories might fade over time. They will not be able to provide accurate details that could help with the investigation.
Once the investigation and interviewing of the witnesses is done, the lawyer may then proceed with identifying all the parties involved in the case and filtering out the ones that can be held liable. Shortlisting the people who might have been responsible for the accident has a positive impact on the victim’s chances of getting fair and just compensation.
If the compensation is not rewarded, the lawyer engages in a series of negotiations meant to steer the case favoring the client and get him the compensation he deserves. These negotiations are necessary to prevent the other party from making any attempts to reduce or deny the claims made by the victim. Last but not least, if everything fails, then the lawyer will resort to filing a lawsuit against the opposing party in an attempt to win the case for his client.
Be it lost wages, medical bills, repair bills, pain and suffering, loss of consortium, punitive damages, or even wrongful death, at least one party is involved in personal injury cases with the right to some settlement or monetary compensation. Therefore, if you or someone you know has been wrongfully harmed and has been the victim of a personal injury accident, it is highly recommended for them to contact an attorney that will help tip the scales in their favor. Not only will approaching a lawyer help recover from the financial losses associated with personal injury accidents, but it will also provide the victim with stable moral support. This moral support will help them in their trying time and make it easier for them to cope with the stress of dealing with a post-accident life.