After you’ve suffered an injury, you may feel that someone else was responsible for your injuries and that you deserve compensation. To receive compensation, you must demonstrate that the plaintiff had a duty of care, that the plaintiff did not fulfill his or her obligations under this rule of duty of care, and that you suffered an injury because of this. Not only that, but to receive maximum compensation, you must demonstrate that all of the losses you experienced were the result of of the defendant’s negligence, including pain and suffering. Since it can often be challenging to prove your case independently, it may be necessary to hire a personal injury lawyer.
Understanding the Personal Injury Lawyer
Personal injury lawyers represent those who claim to have been injured by another. The goal of the personal injury lawyer is to make you, the plaintiff, whole again.
The common types of personal injury cases include:
- car accidents
- medical malpractice
- slips and falls
- workplace negligence
- product defects
- dog bites
- assault and battery
The Discovery Process
The personal injury lawyer begins by investigating your claim. You will play a major role in this by providing medical information, the facts of the case as you experienced it, and witness testimonies that you were able to obtain. Also, your personal injury lawyer will interview both expert witnesses and those present when you experienced your personal injury. After gathering evidence, the personal injury lawyer will read over case studies to determine if there are any prior cases that can be used to justify a legal ruling.
Your Lawyer’s Specialization
Ideally, you will want to work with a personal injury lawyer that has experience with your specific type of case. Many lawyers specialize in medical malpractice, car accidents, or workplace injuries. These lawyers will be able to better assess your case to determine if it has merit.
Pursuing a Settlement
Often, your personal injury case won’t go to trial if your lawyer is able to settle the case out of court. This is usually the preferred situation. The costs of going to trial are much higher than the cost of settling the case out of court, and court cases last much longer. Your lawyer will be responsible for trying to obtain as large a settlement as possible. They will also protect you from early settlement offers. These are often much lower than you would be able to receive otherwise.
Taking the Case to Trial
If your lawyer is not able to settle your case out of court, the next step is to prepare for a trial. Not only must the lawyer argue that the defendant did not use due care, and that this due care led to a personal injury; the lawyer must also argue that it was not your own negligence that led to your personal injury.
Receiving the maximum compensation for your personal injury can be difficult, but with a highly skilled legal team, your odds will be much greater.