If an accident had happened which was not your fault and has resulted in your injury, you may be interested in knowing about an interesting form of a lawsuit- Personal Injury. In order for your lawsuit to succeed, it may be necessary to have a qualified personal injury attorney on your side. Hagen Rosskopf explains the basic principles of personal injury law.
Most people do not contact personal injury lawyers until they have already been hurt, but it might not be a bad idea to secure the services of a lawyer before the accident occurs. This means you will not have to struggle to find someone in a chaotic time after your injury. This is especially important for workers in high-risk industries like construction.
You may feel that you have a low chance of needing a personal injury attorney, but in truth, injuries can happen at any time. Accidental injuries are the third leading cause of death in the United States. Many of these are car accidents, but other types of accidents can also lead to death or serious injury.
The Qualifications of a Personal Injury Attorney
Personal injury attorneys need to have a standard amount of schooling and training before they can practice. They must attend college and law school. They must also pass their individual state bar exam. Some multi-state tests are also given. The American Bar Association certifies specialty practices.
Types of Cases Handled by Personal Injury Lawyers
The type of law practiced in personal injury circles is known as “tort law.” Tort law protects people when their person or their property is harmed due to someone else’s negligence. If the tort action is successful, the defendant or their insurance company will have to pay damages to the injured party.
Events covered by tort law include personal injury, medical malpractice, and product liability. Most personal injury lawsuits are filed as a result of a car accident, but there is a wide variety of other accidents that could occur. Slip and falls, workplace injuries, animal bites, and injuries that overlap with actions in the criminal court are included.
Often, personal injury lawyers focus exclusively on one type of case. Sometimes a lawyer will take on an unfamiliar area, and they will have to consult experts to serve their client well.
Insurance Companies and Personal Injury
People may feel that their own insurance coverage should be able to protect them in the event of a personal injury. Sadly, this is often not the case. Getting your own money back from the insurance companies can be hard, and they will try everything to avoid paying the claim.
This is disheartening, especially when you have been a customer of the insurance company for many years. A quality personal injury attorney will be able to fight the insurance company for you and get the compensation you need.
A Personal Injury Case Roadmap
Before your lawyer files the case, you will need to sit down with them and determine whether someone else was responsible for the accident. They will help you find a defendant who caused your injury.
Your attorney will go over your injury and talk with you about its severity and how it has affected your daily life. They will talk with you about your legal options when it comes to the case.
After consulting with you, the attorney will need to do a full investigation. The accident scene, witness testimony, photographs, police reports, records of medical diagnosis, and bills need to be examined in depth. The attorney needs to know how much money you make and how much you have lost as a result of the accident.
Medical and accident reconstruction experts may be secured. Experts are also needed to access the information in a vehicle’s “black box” which records speed and driver actions.
For the attorney, the next step is creating a demand package. The demand letter will give a complete picture of the financial, physical, and medical facts of the case. This will help to convince the defendant’s lawyer and the insurance company that you deserve financial help.
Demand letters are critical to resolving the case. Experienced attorneys write the best demand letters. These will make sure that you get everything you need.
Filing Your Lawsuit
If your settlement cannot happen out of court, your attorney will need to officially file the lawsuit. Most personal injury cases do not result in a trial, but it is a good idea to be prepared.
In the discovery phase of the trial, obtaining evidence is the most important activity. Personal injury attorneys are good at securing information from the other attorney and the defendant’s insurance company. This information can help to cement the case.
Judges may take cases under mediation. In this case, the defendant may settle ahead of the trial. If mediation does not work, it has to be decided via a trial. If your personal injury attorney is experienced in court, you will get the best results. Unfortunately, some cases may take years to resolve if the courts are involved.
Understanding Personal Injury Law
If you are injured in an accident that was not your fault, consult with a qualified attorney. Hagen Rosskopf encourages injured parties to find a quality lawyer in their local area to help them with their case.