Individuals who fall victim to an event over which they have no control and seriously injure themselves can seek compensation for the injury and suffering by lodging a claim for compensation. Minor injuries apart, for all kinds of serious injuries the law allows individuals to protect their rights for compensation, provided the affected individual can amply prove that the other person was at fault and responsible for the accident. However, there are instances when even an incident of slip and fall can cause severe brain injury that can have far-reaching effects on the future life of individuals. Brain injury can have debilitating effects on one’s life if it impairs some of the physical and cognitive abilities.
In such cases, individuals would need the assistance and guidance of a Top Brain Attorney in LA who is competent to handle personal injury cases. To navigate through the legalities of claiming compensation for a personal injury that can even land up in the court, the only option is to hire the services of a personal injury lawyer who has expertise in tort laws. The law covers intentional acts as well as negligent acts. Accident victims receive complete support from the lawyer to receive justified compensation for damages and suffering.
While the personal injury lawyer will do everything to pursue your case, you must have a clear understanding of their role and the extent of help that you can receive. The understanding is important to set the right expectations which are essential for driving the case towards a satisfactory completion. The process begins by knowing the types of compensation available.
Types of compensation
In any accident, whether it is a motor vehicle or transportation accident, pedestrian accident, boat accident or any other kind like slip and fall, there is likely to an erring party that caused the accident that harmed individuals. For such type of incidents that underline the negligence of someone else that result in personal injuries, the victims can claim compensation for all damages, pain, and suffering they have undergone. Compensation is also available for cases of medical negligence and medical malpractices that come under the personal injury laws.
Role and responsibilities of personal injury lawyers
Personal injury lawyers are responsible for evaluating the extent of damages and suffering of the victims and work out its financial impact that they claim as compensation. The compensation is supposed to make good for the losses to physical and mental health and damages to property in all respects including all costs of medical treatment together with the loss of income undergone during the period and in future.
The action that the lawyer must take depends on the type of case and specialty area. Regardless of the specialty of the case, there are some things in common to all cases that lawyers must handle and organize.
Investigating the merit of the case
Before taking up the case, the lawyer would first evaluate the potential client to be sure about the authenticity of claim and would then determine the merit of the case to understand how much it is worth pursuing. Checking the authenticity of clients is important for lawyers because they work on a contingency fee basis and paid only after settlement of the case. Sometimes lawyers finance the case during its progress which makes the screening of clients even more important. Only when the lawyer believes that there are enough opportunities for obtaining favorable compensation that he or she would be willing to take up the case.
Evidence collection is the responsibility of the personal injury lawyer to support the claim of the plaintiff. From gathering police or incident report to getting in touch with witnesses and recording their statements and even taking some photographs of the accident spot to establish the case, the lawyer does all that is necessary for lining up evidence. The evidence is also necessary for proving damage to property and includes anything that helps to establish the point. Besides establishing the damages, the evidence is necessary to prove who caused the accident and must be responsible for the damages.
Negotiating with insurance settlers
Personal injury lawyers are skilled in negotiations as they must always negotiate with insurance companies for claim settlement. By reviewing the insurance policy, the lawyer determines the maximum level of compensation that is possible to claim under the circumstances of the case. The lawyer faces the insurance company on behalf of the victim by shielding themfrom interacting with the insurance company to avoid the possibilities of weakening the claim.
After thoroughly investing the claim the lawyer will send demand letters to the insurance company. The letter contains the facts of the case like how and why the accident happened and who is responsible for it and even mentions the claim amount towards compensation of damages caused by the defendant.
In most cases, personal injury claim settlement happens at the level of insurers with only a small percentage of cases going to the court. The lawyer will prepare a complaint against the defendant if the insurance company refuses to settle the claim satisfactorily. The complaint consists of legal arguments that comprehensively point to the facts to establish why the defendant is responsible for the accident and its effects. The complaint mentions the amount of compensation too.
The lawyer also engages in the discovery process when preparing for taking the case for trial. It consists of sending out queries to the defendant to seek more information. The process might also include deposing parties like experts and witnesses.
Representing clients at trial
This is the most crucial stage of the claim process when the lawyer represents the case on behalf of the client in court. Since personal injury lawyers are conversant with the court procedures and customs they can ensure that the process moves through the desired framework and in the right direction. They ensure proper adherence to all legal requirements.
The process of claiming compensation is quite complex. Without a personal injury lawyer, it is never possible to drive the claim through the process towards a satisfactory conclusion.