Most types of injuries occur as a result of negligence or carelessness, either from the victim or from a third party. When it is caused by a third party, oftentimes, the third party may try to deny the claim to avoid taking responsibility for it, especially if it is a major accident that may lead to legal consequences. In such a scenario, you will need a personal injury attorney to defend your right and ensure that you get a settlement
A personal injury lawyer provides legal representation to people that are involved in an accident. To discover more about Orlando’s accident attorneys, keep reading.
What is Involved in a Personal Injury Case
Before you make a personal injury claim, you should know what is involved. A personal injury case often involves injuries that are sustained due to the negligence or carelessness of others.
Usually, when people think of personal injury cases, they often think of automotive or transportation accidents such as car accidents, truck accidents, bike accidents, boat accidents, etc. However, personal injury cases are not limited to automotive accidents; they also include other types of accidents known as premise liability which includes slips and falls, negligent security, animal bites or attacks, etc. It may also include injuries that were sustained from abuse and neglect, such as child abuse, nursing home abuse, etc. Cases of medical malpractice are also included in personal injury cases.
What Does a Personal Injury Attorney Do
Here, we will let you know what the job of a personal injury attorney entails.
They Help to Identify the Negligent Part in an Accident
When there is an accident, neither of the parties involved would want to take the blame. Sometimes, the negligent party accepts the blame and tries to settle the victim, but other times, it’s a tug of war. It’s the job of a personal injury lawyer to investigate the case and identify the negligent party.
In some cases, negligence cannot be attributed to only one party, so a personal injury attorney would have to investigate the extent to which both parties were negligent.
Investigating your claim includes:
- Interviewing the witnesses
- Taking photos of the injury or accident scenes in cases of automotive accidents
- Interviewing the opposite party
This process is all about getting the facts of the case that are likely to affect the outcome of the case.
They Help You Preserve Every piece of Evidence You Have
In any legal case, having proof of evidence to support your claim is very important. While your statement on the accident case is important, you would also need relevant documents that can support your statement. Documents you may need include police reports, medical reports/bills, correspondence with insurance, and so on. Your attorney would help you preserve whatever evidence you have to prove that you sustained an injury during the accident.
They Represent You With Insurance Companies
Automotive accidents may get insurance companies involved in the case since they may have to pay for damages. While you try to get a settlement for the damages, the insurance companies would look for ways to reduce the amount they spend in covering damages; as a result, dealing with them can be difficult. You will need an attorney who is experienced to defend you.
An attorney can help you by;
- Supervising the statement you give to the insurance company
- Controlling the information that gets to the insurance company to prevent them from undermining your claim
- Trying to negotiate with the insurance company
Your lawyer will consider all options to get a fair out-of-court settlement for you. However, if the results are not satisfactory, they may proceed to file a lawsuit.
They Can Help You File a Lawsuit
If both parties are not able to reach a settlement, your lawyer can then help you file a lawsuit in pursuit of compensation. Your lawyer will only file the lawsuit after they have investigated the case and have sufficient evidence that is needed to sue for damages. After the lawsuit has been filed, the judge would first examine the evidence before giving a verdict. Usually, attorneys push the parties involved to come to a settlement during the early stages of the case to avoid the rigorous court processes that are involved. That is why most personal injury cases are settled out of court.
A personal injury claim can get to varying degrees. When it is a minor injury, the victim may decide to walk away without involving legal personnel. But if it is a serious injury, it is advisable to contact a personal injury attorney to guide you on the next steps to take.