Dealing with the physical, emotional, and financial fallout of an injury caused by someone else’s negligence or misconduct can be overwhelming. Mounting medical bills, time out of work, and complex insurance disputes make focusing on recovery next to impossible. During these challenging times, a personal injury lawyer can not only be a fierce legal advocate but also a critical support system as you seek justice and fair compensation for your injuries.
But what exactly does a personal injury lawyer do, and how can they help?
Types of Cases Handled by Personal Injury Lawyers
Personal injury law covers a wide range of incidents in which people are hurt by someone else’s irresponsible, thoughtless, or malicious actions. Personal injury lawyers specialize in these types of cases and work to hold the responsible party accountable by seeking compensation for the injured party.
Some of the most common types of personal injury cases include:
- Motor Vehicle Accidents: Car, truck, and motorcycle accidents are common, and they’re often the result of one party’s negligent or reckless behavior. However, there are other causes, such as mechanical failure, and, in the case of commercial truck accidents, improper or neglected maintenance, or poor management practices by the trucking company may contribute.
- Slip and Fall Accidents: Property owners have a legal obligation to keep their premises safe for visitors and guests. When unsafe conditions cause a slip, trip, or fall resulting in injury, a personal injury lawyer can determine whether you have a case to pursue compensation from the property owner.
- Workplace Injuries: Employees injured on the job are often entitled to workers’ compensation benefits. However, in situations where someone other than the employer or a co-worker caused the injury, a third-party claim or lawsuit may be a way of pursuing money that workers’ compensation benefits don’t provide.
- Medical Malpractice: Medical professionals are held to high standards for the care they provide. When they fail to meet those standards, be it due to a misdiagnosis or a surgical error, they can be held accountable for the new injuries they caused and the associated costs.
- Wrongful Death: Losing a loved one due to someone else’s actions is devastating. Surviving family members may be entitled to compensation for not only their losses, but the pain and suffering their loved one endured before their passing.
The Legal Process: Seeking Compensation
Personal injury lawyers provide direction for their clients about the best way to secure compensation for their losses. All cases follow a similar process, which includes:
Initial Consultation
During your initial consultation, your lawyer will ask you to describe the accident, review any evidence you provide, inquire about the extent and impact of your injuries, and then determine whether you have a valid claim.
Investigating the Accident
Recovering compensation requires proving that another party was responsible for your injuries and showing the physical, emotional, and financial harm those injuries have caused. Your lawyer will obtain police or incident reports, gather medical records and financial documents, interview witnesses, and consult with experts to tell your story and build a compelling case.
Negotiating for a Fair Settlement
An out-of-court settlement for maximum compensation is the primary goal of any personal injury case. Insurance companies will go to great lengths to deny liability, weaken your claim, and minimize compensation. An experienced personal injury lawyer knows how to counter these tactics and fight for the fair settlement you deserve.
Representing You in Court if Necessary
If the insurance company refuses to offer a fair settlement, your lawyer will file a lawsuit and take your case to court. A seasoned personal injury lawyer has extensive trial experience, and they will aggressively advocate for a favorable verdict.
Compensation and Financial Considerations
Injuries can cause harm and distress in a variety of ways. Depending on the details of your specific case, you could get money for:
- Medical Expenses: These include all the costs related to your treatment. Your compensation should include any future medical expenses related to your injuries.
- Lost Wages: Lost wages include pay you didn’t receive because you missed time from work because of your injury. Potential raises or promotions, benefits, retirement account contributions, and lost future earning capacity should also be included in your settlement or award.
- Property Damage: Receipts for repair or replacement of damaged property should be taken into account when assessing the total value of your claim.
- Pain and Suffering: You can be compensated for your personal, intangible losses in your settlement or award. This includes money for the physical pain, emotional distress, anxiety, depression, PTSD, loss of enjoyment of life, and loss of consortium that result from your injury.
Personal injury lawyers generally work on a contingency fee basis. That means that you don’t pay anything upfront, and you pay no legal fees unless they obtain compensation for you.
Challenges and Ethical Considerations in Personal Injury Law
Every legal field has its unique challenges, and all of them require strict adherence to ethical guidelines. Some of the unique challenges personal injury lawyers are faced with include:
- Establishing Liability: Proving that the other party is at fault can be complex, particularly when evidence is limited. It’s essential for a personal injury lawyer to leave no stone unturned when gathering evidence to build a case.
- Fraud and Abuse: Unfortunately, not everyone seeking compensation is doing so in good faith. Personal injury lawyers must be adept at identifying fraud and abuse so that genuine victims don’t suffer from the mistrust these deceptive actions can sow.
- Insurance Company Tactics: It’s an insurance company’s job to protect their bottom line, and they’re both experienced and skilled at it. Your personal injury lawyer will employ their experience and skills to negate these tactics and seek maximum compensation.
- Promised Results: It’s unethical for any lawyer to promise any particular results in a case. When you meet with your lawyer, they will be able to provide an assessment of what they believe your case is worth, but if they tell you they can get a specific amount of money for your case, don’t hire them.
Talk to a Personal Injury Lawyer Today
The ultimate role of a personal injury lawyer is to protect your rights and seek justice and compensation on your behalf. If you’ve suffered injuries due to someone else’s misconduct, contact Ted A. Greve & Associates today. We’ll fight to hold the liable party accountable and recover the compensation you deserve.