Chris Jackman Explains the Need to Be Proactive When Sourcing a Personal Injury Attorney
The task of finding a personal injury lawyer after you have already been injured can seem Herculean. When you are already dealing with your medical needs as well as trying to take care of your family, you do not necessarily have time to interview and secure a personal injury lawyer.
It may seem like your personal chances of being injured are low, but the fact remains that many people are seriously injured in accidents each year, especially car accidents, and these events are rarely expected. It could benefit every family to have a proactive relationship with a personal injury lawyer. Chris Jackman explains the role and qualifications of a personal injury lawyer as well as the reasons why it is smart to get in touch with a lawyer proactively.
A Personal Injury Lawyer’s Qualifications
Personal injury lawyers, like all others, need to have attended college and law school. They also need to pass the state bar exam in every state in which they intend to do business, in addition to some multi-state tests, and they need to be certified with the American Bar Association to practice in the specialty.
Types of Cases that Personal Injury Lawyers Handle
Personal injury lawyers practice tort law. Tort law protects you when your person or your property is harmed or injured to someone else’s negligence. Successful tort actions result in a payment from the defendant to the plaintiff.
Types of events that fall under tort law include personal injury claims, medical malpractice, negligence, and product liability. Personal injury claims are mostly related to car accidents, but can also include slip and fall claims, animal bites, workplace injuries, and cases that overlap with criminal court actions.
Frequently, personal injury lawyers specialize in one specific kind of tort law. This enables them to give the most experienced attention to their clients. Sometimes a personal injury claim will branch out to other areas of the law, and a personal injury lawyer will need to work with their colleagues to fully represent the client.
Personal Injuries and Insurance
When people are injured in an accident, they may mistakenly believe that their own insurance company or that of the party that caused the injury will easily cover all of their expenses. This is unfortunately not true. Insurance companies will often fight against tort lawsuits, trying to reduce their financial responsibilities.
While this is disheartening, especially when you have been diligent in paying this insurance policy through the years, a good personal injury attorney will be able to cut through the red tape and make sure that you are compensated for your loss to the fullest extent of the law.
The Process of a Personal Injury Case
Before the case is filed, you will need to sit down with their attorney and determine whether another party was negligent and caused the accident in whole or in part. They will find out whether there is a defendant who can compensate you for your injury.
Your lawyer will document the severity and extent of your industry and go over your medical costs. They will discuss your legal options going forward with the case.
After the initial consultation, the attorney should fully investigate the claim. They will need to look at the accident scene, the police reports, witness testimony, photographs, bills, and medical records. They will need to know about your compensation for employment and how much earning power you had before the accident.
Accident reconstruction and medical experts may be called in to help cement this part of the case. Expert help will also be needed to access and reveal the information in a vehicle’s “black box” in case of an accident.
The next step is creating a demand package for the defendant. This involves writing a demand letter laying out all of the medical, physical, and financial facts of the case. This will help to drive home the idea that you need significant financial assistance to return to a normal life after your accident.
The demand letter is critically important to the resolution of your case. An experienced attorney will write the best demand letter and make sure that you are getting everything you can from the settlement.
Filing a Lawsuit
If the settlement cannot be pursued out of court, your attorney will need to file a personal injury lawsuit. Most cases do not go to trial at all, but it is wise to be prepared for this eventuality.
The discovery phase of the trial involves obtaining as much evidence from the other party as possible. When personal injury lawyers are proactive about gathering information and aggressive about securing it, they are more likely to succeed.
Often, a judge might take the case under mediation before or after the trial. The actions taken by either party during mediation may reflect upon the success of the trial to come. It is possible that the defendant will decide to settle based on the strength of the case presented during mediation.
If mediation fails, the case will go to trial. Having an experienced trial lawyer at your side is a must. If you do receive a settlement, it might be appealed by the defendant. This means that the case may take years to resolve.
Keep Your Personal Injury Attorney Close
It is always wise to contact personal injury attorneys before you have had an accident. It is a good idea to get to know these attorneys so they will be aware of your personal issues before you find yourself suffering from an injury. Chris Jackman and other personal injury lawyers are available to help you understand your rights and responsibilities when it comes to personal injury law.