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  • Writer's pictureRobert Schuerger II

What Does a Personal Injury Lawyer Do? What One Must Know

What does a personal injury lawyer do? It's a question many people ask.

Personal injury attorneys will help people who have been hurt because of someone else's negligence receive compensation for the injuries suffered. Likewise, they help families who lose a loved one through another person's deliberate wrongdoing or careless action.

Most personal injury lawyers advocate for families and individuals, fighting for their rights and helping them recover compensation. This often happens through settlement negotiations with the insurance company and by filing the personal injury lawsuit against an at-fault party in civil court. Let's learn more now!

Types of Personal Injury Cases Lawyers Handle

Types of Personal Injury Cases Lawyers Handle

Personal injury claims often revolve around one act of wrongdoing or negligence leading to another party getting injured. Most people associate them with a traffic accident, but tort law involves many legal matters. Here are a few types of cases a personal injury attorney will help with:

  • Boat accidents

  • Bicycle accidents

  • Truck accidents

  • Car accidents

  • Construction accidents

  • Commercial accidents

  • Medical malpractice

  • Pedestrian accidents

  • Plane accidents

  • Nursing home neglect/abuse

  • Premises liability

  • Product liability

  • Wrongful death cases

  • Workplace injuries

  • Slip and fall accidents

A Word About Personal Injury Practice Areas

Usually, a personal injury law firm with a specific law firm has experience handling many types of personal injuries. However, others will specialize in a particular area of the law, such as slips and falls or auto accidents. When searching for someone to take the case, it's wise to find a lawyer who has experience handling similar claims.

What Professional Personal Injury Lawyers Do

A personal injury lawyer performs many jobs relating to the case. These include:

1. Handle the Investigation

Personal injury attorneys always use care when bringing in new clients because they often finance those personal injury cases themselves. They only make money with the recovered compensation and have no upfront legal fees put on the victim. Before taking a case, the attorney assesses the situation to see if there is a valid claim.

Many personal injury lawyers won't agree to take the case unless they believe the client has a solid chance of winning. They can also answer questions like is it illegal to drive with high beams on in Indiana?

2. Gather Evidence

When the personal injury attorney decides to take a case, they focus on gathering evidence of liability to support the client's claim. For example, the lawyer would probably get copies of the police report, medical records, and other information. If witnesses saw the incident that led to the client's injury, the attorney might ask them to provide witness statements.

Other Types of Evidence

Typically, the lawyer will also compile visual evidence, including surveillance camera footage and photos taken at the accident scene. They might also work with accident reconstruction experts and others who will offer testimony to support the client's case, such as mental health and medical professionals who might speak about the medical expenses incurred.

Likewise, attorneys move quickly to preserve and gather evidence that might be destroyed or lost. This will then be used to show that the at-fault party was responsible for the injuries sustained.

3. Determine the Value of the Personal Injury Claim

The personal injury attorney must also calculate the value of the claim once the extent of their losses and injuries are known. Ultimately, the goal is to ensure the client can get the maximum possible compensation for every loss they suffered.

Economic and Non-economic Damages

It's easy to calculate economic damages, such as medical bills, lost wages, and more. However, non-economic damages are also included, which consist of pain and suffering and mental anguish.

Wrongful Deaths

In wrongful death cases, the attorney might help the family recover compensation for burial and funeral expenses, medical treatment bills incurred by the person before they died, loss of companionship, and loss of household services.

5. Negotiate with the Insurance Company

A personal injury lawyer also helps with negotiating with insurance companies because they have extensive experience in this area. They understand that insurance companies often use different tactics to save money by denying or reducing claims.

Accident victims have a better chance of getting a fair settlement when they have an attorney to help negotiate with the insurer or its legal team. Typically, the lawyer handles all communication with the insurance company, preventing the client from making mistakes or saying incorrect things.

6. Prepare and File the Complaints

If the settlement offer isn't enough or the insurance company refuses to provide a fair settlement, the personal injury lawyer will prepare and file a lawsuit. This is called a complaint, and the legal document focuses on the reasons why the at-fault party (defendant) is liable for those injuries their client (plaintiff) suffered. It then specifies the compensation award the plaintiff wants.

7. Enter the Discovery Process

Discovery is considered a legal process before the trial. Here, the personal injury attorney turns over the evidence they've collected to the defense. Likewise, they'll request evidence the defendant's legal team has.

8. Try the Case (Civil Litigation/Court)

Typically, the personal injury case will end with a settlement agreement. Either or both parties could agree to settle in the discovery phase, during the trial, or in mediation.

However, if the case goes to trial, the personal injury lawyer represents the client before a jury or judge. This is where they call witnesses and all the rest. Typically, they are the personal advocate of the client throughout the court proceedings.

How Much Does a Personal Injury Attorney Cost?

How Much Does a Personal Injury Attorney Cost?

Personal injury cases involve a lot of work, but most attorneys work on a contingency fee basis. Therefore, they don't charge anything upfront and will collect the legal fee as a percentage of the compensation they get for the client.

Ultimately, an attorney who uses the contingency basis is a better option because the injured individual isn't adding to their financial burden to try and get compensation.

Choose an Attorney Who Understands Personal Injury Law

After being injured in an accident where someone else was at fault, it's wise to contact a personal injury lawyer for representation. That can help victims receive financial compensation instead of getting nothing.

Schuerger Shunnarah Trial Attorneys Can Help!

Schuerger Shunnarah Trial Attorneys goes to war for Indy! Its personal injury practice has the resources, skills, and experience to help victims get the maximum compensation possible for their losses. Please request a free consultation by calling!


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