What Is the Basic Role of a Personal Injury Lawyer?
The billboards are everywhere, on bus benches, in late-night TV commercials, and they all promise to fight for your rights after a car accident. But what do carlsbad injury lawyers do? Are they nothing but courtroom showboats with catchy slogans, or is there much more to the job than most people think? If you’ve been the victim of a car accident or a fender bender, a slip-and-fall, or have had an accident at work, you know that getting a personal injury attorney is advised. But what do they do, and how can they help you make sense of the chaos that comes with a sudden injury?
How does a personal injury case start off?
It usually begins with the injury. Whether it is a car accident, a dog bite or a fall at the grocery store, once someone is injured by another person’s negligence, there might be a case. The personal injury lawyer swoops in to follow up, to help the injured person to figure out whether bringing a lawsuit is even worthwhile.
The first thing they are going to do is sit down with you — normally for free — and listen to your story. They will want to know what happened and how badly you were injured and, if possible, who was at fault. If they think there’s a strong case, they’ll typically agree to represent you — usually on a contingency fee basis. That way, you won’t owe anything unless they win your case or reach a settlement.
What does a personal injury lawyer do outside the courtroom?
Once you’ve hired a personal injury lawyer, that’s when the work actually begins. They’ll start investigating. This may involve collecting police reports, witness statements, security camera footage, medical records, or other evidence that will help to substantiate your side of the story. If necessary, they will even use expert witnesses such as accident reconstruction specialists and medical professionals to help you win.
They’re also doing the communicating with the other side. That includes wrangling with insurance companies, defense attorneys, and, in some cases, with large companies who don’t necessarily want to pay. A large part of their job is to insulate you from all the legal to and fro so you can concentrate on healing, and they can concentrate on fighting.
How do they determine what your case is worth?
It’s not a matter of throwing numbers at a wall until they stick when it comes to determining the worth of a personal injury case. It’s one that requires an understanding of the obvious and the not-so-obvious costs. Medical expenses, lost wages, and property damage are only the beginning. A competent lawyer will also take into account things like future physical therapy, emotional distress, loss of future earning potential and the long-term effects of your injuries.
They’re good at translating your experience into a dollar amount — which is not easy. To understand how a jury will respond or how much an insurance company would be willing to pay, it takes experience. Personal injury attorneys also understand when a settlement is covering a fair amount and when it’s time to push harder or bring your case to court.
What if your case ends up going to trial?
The vast majority of personal Injury claims attorney cases are resolved through settlement, not trial. But in some cases, when the other side is stubbornly intransigent and refuses to make a good faith offer, your attorney will advise you to go to trial. It is there that their courtroom skills truly lurk. They’ll write legal briefs and evidentiary motions, question witnesses at hearing, and present the strongest case possible to a judge and, if one emerges, a jury.
Trials themselves can be intimidating, but your Carlsbad injury lawyer will guide you the entire way. They’ll guide you in preparing your testimony and do what they can to keep the pressure off. And if they’re any good, they should make damn sure the jury really gets how the injury has affected the rest of your life.
Are they only car accident attorneys?
The most frequent are cases of personal injury stemming from car accidents, but that’s not their only specialty. Personal injury attorneys also practice law for truck accidents, motorcycle accidents, pedestrian injuries, medical malpractice, nursing home abuse, dog bites, and workplace accidents as well as defective products.
Some lawyers concentrate in particular kinds of injury law, say, brain damage or spinal cord trauma. Others are more broad-based and accept a variety of cases. Either way, the objective is the same: to help people be compensated when someone else’s actions cause harm.
Do I really need a personal injury attorney?
Strictly speaking, you shouldn’tha! wake an attorney after a cident. But attempting to manage everything on your own can become overwhelming. Insurance companies have entire departments of adjusters and lawyers whose only job is to pay as little as possible. They may hand you a settlement early, but it’s probably for a fraction of what it’s really worth.
“A personal injury lawyer puts the playing field in other people’s hands,” Joanne Doroshow, the executive director of the Center for Justice and Democracy, told me. They know how to negotiate. They know how to prove fault. And they know how to tell your story in a way that delivers results. And the best part, they’re good fighters — so you don’t have to be.
What do you look for when hiring one?
The right personal injury lawyer can make a world of difference. You’re looking for someone experienced, responsive and with a strong record on cases like yours. Online reviews are useful, but word of mouth can be even better. Find a Los Angeles lawyer who is easy to understand, answers your questions, and doesn’t rush you into signing.
Most lawyers give free consultations, so use that. It provides an opportunity to feel the chemistry and decide if they are the kind of person you want in your corner. Because, when push comes to shove, you’re in their hands, and you’re entrusting them with your health, your money, and your peace of mind.
Conclusion
A personal injury attorney is so much more than just a counselor at law — they are your confidant, your consultant, and often your savior after an accident. From the initial phone call to the last settlement (or courtroom showdown), they’re there to ensure you don’t have to pick up the pieces alone.
