If you were wrongly injured in an accident, you can expect to file a claim for compensation coverage, either with your own insurance company or with the insurance company of the negligent party. You may even need to file a third-party claim if more than one person was involved in or responsible for your accident and subsequent injuries. Also, you may have to take your claim to trial if the insurance company is unwilling to give you a fair settlement after hours of frustrating negotiations.
This is just the surface of what an accident claim entails. Every case is different, and there are endless potential obstacles that can arise at any time during a claim, including rehabilitation, deadlines, problems with creditors, paying bills, lost wages, and more. To handle a claim, recover the compensation you need, and recover from your injuries, you will need an experienced personal injury attorney. They provide guidance and assistance in a number of ways, making them an invaluable part of your personal injury case. Read on to find out what a personal injury lawyer can do for you at one of the scariest and most harrowing times of your life.
The duty of a lawyer
The general duty or purpose of an accident attorney is to provide legal representation to physically or psychologically injured victims seeking compensation to cover damages and losses that resulted from the accident and injuries. In most cases, a personal injury attorney can negotiate a claim and settle out of court; but an experienced lawyer is always ready and willing to go to trial if necessary. Although all cases are different, the basic role of an accident lawyer does not change; however, the particular functions they carry out will change according to the needs of the case.
Here are some examples of the common duties of a personal injury lawyer:
gather evidence – Initially, they will carry out a thorough investigation to gather all the evidence they can around your claim. This includes police reports, witness statements, photos, videos, and more. Once the client is medically stabilized, you can continue your investigation by collecting medical records, health reports, employment records, and more. This evidence will help build a case by verifying the details of the accident, documenting the progression of damages, and establishing fault.
insurance negotiations – They will then request an offer from the insurance company and continue to negotiate with them until a complete and fair offer is made. If the insurance company does not quote, then a more drastic course of action is necessary.
rehearsal – If the insurance company does not agree to a fair offer, the accident attorney will either file a lawsuit and take the case to court or require arbitration, or possibly even both. Once the lawsuit is filed, the opposing party has 30 days to respond. Upon receipt of all responses from all defendants, the discovery proceeding, which includes witness testimony, expert testimony, depositions, and more, can take place. Once discovery proceedings are complete, a trial date will be scheduled. This date can be immediate or months later; it all depends on the current traffic of the courts.