What Does a Personal Injury Lawyer Do?
A personal injury attorney provides legal representation to a plaintiff who has suffered a physical and psychological injury due to someone else’s actions or negligence. Personal injury attorneys explain a person’s legal rights and possible compensation. They advocate for their clients and represent them during legal proceedings.
What Does a Personal Injury Lawyer Do: Tort Law
Personal injury attorneys specialize in tort law, which is a legal area that covers all civil (not criminal) litigation for injuries and wrongdoings. The primary goal in tort law is to make the injured party or parties whole again and to discourage the defendants from committing similar offenses. Personal injury attorneys help their clients receive compensation for pain and suffering, medical expenses, damaged property, lost wages, and legal costs.
What Does a Personal Injury Lawyer Do: Types of Personal Injury Cases
Personal injury cases typically involve a physical and mental injury. Some of the most common types of cases are: vehicle accidents, pedestrian accidents, animal attacks, construction accidents, premises liability, negligent security, defective products, nursing home abuse, medical malpractice, and wrongful death.
What Does a Personal Injury Lawyer Do: The Legal Process
Attorneys specializing in personal injury will handle the case from the initial claim all the way through the court date. They serve as an advocate for their clients. Some of the more specific responsibilities include:
- Calculate Damages and Compensation: Damages can include pain and suffering, stress, medical bills, loss of income, property damage, and long-term effects. A personal injury attorney can help calculate those damages and advocate for the compensation you deserve.
- Investigate Claims: The personal injury team will investigate the incident, interview witnesses, research contributing factors, and evaluate the strengths and weaknesses of your case.
- Gather Evidence: Evidence is crucial for supporting your claim. The personal injury team may photograph the scene, gather witness statements, obtain a copy of the police report, collect your medical bills and related expenses, gather employment information, and pull property damage reports.
- Negotiate with Insurance Companies: A personal injury attorney will handle the communication with the insurance company, advocate for their clients, research the insurance policies, and negotiate for the maximum level of compensation.
- Draft a Demand Letter: After reviewing the case and evidence, a personal injury attorney will draft a demand letter to the insurance provider. This letter contains the facts of the accident, explains how and why the defendant is responsible, and demands specific compensation for the attorney’s client(s).
- Preparing Pleadings: If the insurance company doesn’t provide a fair settlement, the personal injury attorney will prepare a legal complaint against the defendant. The complaint details the case, explains how the defendant is responsible for the injuries, and seeks a specific amount in damages. The attorney will file the pleadings with the court; the defendant has a specific amount of time to respond to the pleading.
- Conduct Discovery: Once the complaint is filed, the personal injury attorney may conduct discovery. This includes sending the defendant a series of questions – asking for more information or documentation. A personal injury attorney may also question witnesses or experts at this time.
- Go to Trial: While most cases settle before trial, a personal injury attorney will prepare to appear in court for their client. The attorney will advocate for their client and plead their case before the judge and jury. Personal injury attorneys will ensure that they carefully follow all of the court’s customs and procedures.
Have Additional Questions? Contact Burrow & Associates’ Personal Injury Team
If you have been injured as the result of another person’s or organization’s actions or negligence, please reach out to our team of experienced personal injury attorneys. Burrow & Associates can handle your case while you focus on your medical treatment and peace of mind. You can reach us at (678) 323-2394 or via our online contact page.