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WHAT ROLE DOES A PERSONAL INJURY LAWYER PLAY?

On Behalf of | Sep 17, 2020 | Personal Injury

An injury caused by an accident can be financially devastating. You could have medical bills, loss of income, and daily hardships can be difficult on your family. If your injury is serious enough, it could affect you for years to come and prevent you from doing the things you love.

If you have been injured to do the fault or negligence of another, you may be entitled to compensation for your pain and suffering and financial losses. You will need to hire a knowledgeable personal injury lawyer to help you navigate the insurance and legal system.

This blog will help you understand what role a personal injury attorney will play in your injury case and why you should hire an injury lawyer to represent you.

Deciding Damages

When you first meet with your personal injury attorney to discuss your case, the attorney can help you determine what damages apply to your case and how much compensation you may be entitled to. Some things your lawyer will consider are:

  • Pain and suffering, along with emotional distress
  • Permanent injury
  • Loss of income
  • Medical expenses, current and future

When you handle your claim by yourself, it may be difficult to determine how much you could deserve for pain, suffering and/or emotional distress. This is where your personal injury attorney can put their experience to work for you and more accurately determine compensation for damages that include future or ongoing medical expenses, loss of income, etc.

Useful Advice

Personal injury attorneys can also provide you with advice on your claim. Attorneys understand the most efficient way to get you the compensation you may be entitled and avoid common mistakes, that people going it alone may make, that could prevent you from getting proper compensation.

As an example, if your injuries seem minor, the defendant’s insurance company may offer you a lowball settlement, where as your personal injury attorney will ask that you wait until you know if you are more seriously injured. There are some medical issues that can take time to develop and accepting a quick settlement may not be in your best interest.

Filing a Lawsuit and Drafting Legal Documentation

By hiring an injury attorney, you will not have to worry about any of the confusing legal paperwork. If needed, they will file the lawsuit on your behalf and draft any legal documents.

Plus, they will look over any legal documents you receive and spot potential pitfalls or problems which can protect you from being taken advantage of by the insurance company or the defense.

Handling the Insurance Company

Aside from handling all your paperwork, an attorney will handle all the interaction with the defendant’s insurance company and/or attorney. You won’t have to worry about being pressured to settle your claim before you are ready – and, if you are contacted, you can tell them to no longer contact you, but instead contact your lawyer.

Settling on Compensation

As noted above, injury attorneys know how to get injured victims the compensation they are entitled to. With their experience and knowledge of the legal system, they can get you an appropriate settlement without any intimidation tricks.

Your personal injury lawyer may not ask the insurance company for a settlement immediately as it can make you appear desperate resulting in an offer that is much number. Instead, your lawyer may wait until the defendant’s insurance company asks them for a settlement amount and then they may go back and forth until an amount is agreed upon. Your attorney speaks to the other party handling the negotiations during this time. And, if the two parties cannot come to a settlement, mediation may be needed to reach an agreement.

Pre litigation mediation is an alternative dispute method. The mediator is an impartial attorney or retired Judge that is not related to the case. The two parties and the mediator normally meet, then the two parties are put in separate rooms and the mediator goes back and forth until the two parties can hopefully agree on a number.

You will need to be present, but your attorney will handle the negotiations. However, once a settlement is accepted, that is the end. You cannot change your mind or seek more compensation, so you must trust your attorney’s advice to keep from making a quick decision.

At the law firm of Hardee, Massey & Blodgett, we handle injury cases on a contingency fee basis, meaning we cannot settle any case WITHOUT the consent of our client. Therefore, our clients are ultimately in control of the settlement of their case.

Representation in Court

If nothing is successful, your attorney will meet with you to explain your options and the litigation process of going to court. This included time frames, costs and risks associated. Your attorney will argue your case in court using evidence and witnesses.

No matter where your case goes, whether you settle quickly or go to court, it is your personal injury attorney’s job is to get you the compensation you may be entitled to for your struggles. Their number one goal is to make sure the person responsible for your injury is held accountable and to protect you from large insurance companies or attorneys.

If you have been seriously injured due to the negligence of another, trust the experienced personal injury attorneys at Hardee, Massey & Blodgett to handle your case.