Archives March 2024

WHAT ARE THE DUTIES OF A PERSONAL INJURY LAWYER?

With the rise of personal injury cases over the past few decades, the need for dedicated personal injury lawyers was realized some time ago. In essence, a personal injury lawyer is a specialized litigator who seeks justice for clients who have suffered as a result of the negligence or recklessness of another person or entity.

Put simply, the role of a personal injury lawyer is to act on behalf of their client to negotiate fair compensation for damages sustained during an incident. When personal injury lawyers negotiate settlement amounts, it is their responsibility to get you the financial settlement you deserve. Taking every aspect of your case into consideration, personal injury lawyers are experts in assessing how damages sustained will affect their client in the short and long term. This includes everything from medical bills, loss of earnings, pain and suffering, and more.

WHAT KIND OF CASES DO PERSONAL INJURY LAWYERS HELP WITH?

Personal injury is a broad term which covers a multitude of different situations where physical or psychological damage has been inflicted on a victim. This is perhaps the reason that, although some lawyers position themselves as ‘personal injury lawyers’ many further specialize in one or a few of these areas.

Among the most common reasons for personal injury are auto accidents and workplace accidents, of which slip and fall accidents are the most prolific.

WHAT DO PERSONAL INJURY LAWYERS DO FOR CLIENTS?

After an incident which has resulted in personal injury, many people are left feeling vulnerable. Adjusting to life after a life-altering injury can be a trying time indeed, so navigating the unfamiliar world of personal injury law is something that most people don’t have the confidence or energy to do. In fact, without assistance, many people who deserve compensation would never pursue a claim, for fear that the unknown territory would take them out of their depths.

This is where personal injury lawyers can be a lifeline; their experience in dealing with these types of cases and seeking justice for their clients makes filing a personal injury claim much less stressful. What’s more, personal injury lawyers can also help you achieve a just outcome that you may not have been able to achieve alone.

So, if you’ve been injured in an accident that was not your fault, you may be wondering what a personal injury lawyer can do for you. Here are five key things that you need to know.

1. THEY EXPLAIN THE PROCESS

The process of claiming for personal injury compensation is often unique to the specific type of injury you have sustained and how you sustained it. Moreover, personal injury law differs from state to state. Different statutes of limitations, rules surrounding comparative negligence and the unique intricacies of individual cases can make for a legal minefield, difficult for non-lawyers to wrap their minds around.

In Florida, for example, auto-accident personal injury claims are at the mercy of no-fault state laws, meaning there are certain conditions you must meet before you can file a personal injury claim. Additionally, legislature surrounding time frames for claims has so many exceptions that understanding into which category your claim falls can be puzzling, to say the least.

Your personal injury lawyer will fully explain the process of filing your claim and will go into detail about what to expect in the coming weeks and months. They will help you understand your rights and the entitlements you may be eligible to receive.

2. THEY PROVIDE YOU WITH PROFESSIONAL ADVICE

In addition to explaining the process and your rights, personal injury lawyers will provide you with professional advice about what you should and shouldn’t do following your injury and during your case.

Your lawyer, for example, may advise you to seek the appropriate medical treatment for your injury to ensure the damages you’re attempting to claim for can be backed up by your medical records. You may also be advised not to provide any kind of written statement to any at-fault party or their insurer as repercussions pertaining to this could make obtaining compensation more difficult.

What Are the Duties of a Personal Injury Lawyer? 3. THEY DEEPER INVESTIGATE ALL ASPECTS OF YOUR CASE

Personal injury lawyers ensure that they fully investigate every aspect of your case to determine the level of compensation that they think you deserve. By understanding the full extent of your injuries from a medical perspective and assessing the circumstances around your accident, they can make more accurate judgments, and put forward stronger arguments when it comes to negotiating your settlement amount.

Furthermore, this helps personal injury lawyers ascertain whether the at-fault party is attempting to put forward a settlement offer which doesn’t fully compensate you to the degree it should. While many personal injury cases achieve a positive outcome quickly, sometimes the at-fault party can present an unfair offer, usually because they have either not done their own thorough investigation or because they have not considered certain aspects of it with the gravity it is owed.

In such cases, your personal injury lawyer’s investigation of your case will provide a basis for dispute.

4. NEGOTIATES A FAIR SETTLEMENT

One of the most reassuring aspects of hiring a personal injury lawyer is the knowledge that they will negotiate with the at-fault party so you don’t have to. With expert knowledge of how to deal with insurance companies and other attorneys, personal injury lawyers have a deep understanding of how to best ensure you get what you deserve.

Personal injury lawyers look at more than just the immediate after-effects of an accident. Most victims only consider how their injuries will affect them in the short term and hence will end up overlooking certain aspects of their case and negotiating a lower settlement if they do it themselves. Personal injury lawyers, on the other hand, look at how an accident has changed your life on a larger scale and expertly estimate its long-term effects.

For example, if you’ve had an auto accident and you haven’t been able to work for some time, calls from debt collectors may be causing a level of anxiety which is compensable. If you have been in a workplace accident, for which a major back or spinal cord injury has been sustained, you may have to buy specialized equipment in the future and/or visit a physiotherapist for much longer than just the weeks or months which follow.

In many cases, once a personal injury case is settled, it cannot be reopened, and your lawyer wants to make sure they take everything into consideration before advising you to accept an offer.

5. REPRESENT YOU IN COURT

Most personal injury cases will be settled outside of court, but on occasion where a fair settlement cannot be reached without third-party intervention, it may be necessary to take a case to trial. In these situations, it is your lawyer’s responsibility to represent you and continue to fight for the compensation you deserve.

Although taking a personal injury case to court is rare, you must ensure that you pick a personal injury lawyer who is happy to take this path should it be necessary. Some personal injury lawyers opt for a quick settlement, rather than a fair one and hence can advise their client to settle out of court in spite of it not being the best option. Before you engage the services of a personal injury lawyer, ask them what their position on taking cases to court is, as well as their experience.

All in all, the number one duty of a personal injury lawyer is to ensure that you are adequately compensated for your injury. They should get to know your case intimately so they can properly estimate an appropriate settlement figure and negotiate with the at-fault party to get it.

The Three Most Important Ways A Personal Injury Lawyer Helps Clients

  1.  Allows the injured person to focus on what is most important, their health.  Being involved in an automobile accident can be a life-altering event.  One day you are healthy and happy and the next day you are in constant pain and now have a to-do list that is a mile long.  No attorney can take over everything for you, but a good personal injury lawyer will help you handle the different steps that you must walk through in order to get your life back together.  Helping with making sure that your vehicle is fixed or that appropriate compensation is received for a totaled automobile, helping with the paperwork required by insurance companies so you can obtain medical care, helping with knowing how the legal system works so that you don’t make a mistake that affects your ability to receive full and fair compensation.  By dealing with the insurance companies or helping you to do so, one major stressor and time commitment has been taken care of so that you can focus on yourself and your health.

 

  1. Your attorney will maximize your settlement.  Insurance laws are difficult to navigate and require the application of the unique facts of your case to different State and Federal laws governing how insurance companies work.  In order to make certain not only that you are receiving fair and full compensation from the insurance company of the other driver, but also that your own insurance companies are handled properly when they ask for the money that they have paid out for our medical care to be paid back to them from your settlement, an experienced personal injury attorney can make sure that everything is handled properly and with your best interests in mind.  In fact, the repayment process when handled by an attorney can result in your insurance company paying a portion of the attorney’s fee for you under the right circumstances.  Studies show that attorneys enhance their client’s personal injury awards by at least the amount that they end up getting paid out of the settlement.

 

  1. Negotiations.  While it is nice to think that a reasonable person making a reasonable request to an insurance company would be sufficient to be treated fairly, that simply isn’t the norm.  Insurance companies train their adjusters and their attorneys on how to negotiate.  They do not do so based upon the idea of treating the injured person fairly.  Their analysis is always an evaluation that determines what they are willing to part with agreeably in order to eliminate the possibility of getting hit for more in a trial.  Your claim is merely a file among many others and the only person who is interested in making sure that you get everything you are entitled to is your attorney.  Insurance companies spend enormous amounts of money to protect their interests through adjusters and attorneys and expert reviewers.  Having a good attorney on your side is only a start to try and level the playing field.

Hiring a Criminal Law Attorney: What Type of Offences Do They Defend?

If you have been charged with a crime, you might wonder if you need a criminal law attorney. A criminal defense attorney handles misdemeanor and felony offenses. If you have been charged with a crime, it is likely that a criminal lawyer can aid you in your case. Learn some of the most common offenses these attorneys defend.

Common cases handled by a criminal law attorney

Criminal defense attorneys represent clients charged with an assortment of crimes. Most often, the charges are related to drugs, sex offenses, violence, or property crimes. Some of the crimes are misdemeanors, while others are serious felonies. Both misdemeanors and felonies can come with serious consequences in Missouri.

Drug crimes

Drug crimes are among the most common cases handled by a Missouri criminal law attorney. Depending on the evidence, defendants can be charged with misdemeanors or felonies. Drug crime convictions can lead to jail sentences and fines, along with a criminal record. People accused of possession, distribution, or trafficking should contact a criminal defense attorney.

Sex crimes

Criminal lawyers also represent clients charged with sex crimes. Missouri classifies a variety of crimes as sexual offenses, ranging from harassment and stalking to incest and rape. While the punishment for some misdemeanors and infractions is a fine, other convictions include fines and imprisonment.

Also, offenders can be placed on the Missouri Sex Offender Registry. That includes those convicted of rape, sexual exploitation of a minor, and child molestation. Once on the registry, offenders must follow rules to stay in compliance. For example, registered sex offenders must stay a minimum of 500 feet from schools. An attorney might be able to help the accused avoid getting on the registry and other penalties associated with sex crimes.

Violent crimes

criminal law attorney also takes on clients who are accused of committing violent crimes. Violent crimes include aggravated assault and robbery, non-negligent manslaughter, and homicide. Violent crimes carry stiff penalties if convicted. An attorney might be able to reduce the charges before trial. However, if the case must go to trial, the attorney will build a case to counter the prosecutor’s evidence.

Property crimes

Property crimes can be serious in Missouri. These crimes include burglary, arson, and theft. Most property crimes fall under the category of “theft.” Missouri classifies different types of theft, with Class A theft being the least serious and Class D theft being the most serious. Anything over Class A is charged as a felony and can include fines and jail time. While property crimes may be serious, a strong criminal defense can often create reasonable doubt.

Protect your rights with a criminal law attorney

Being charged with a crime is terrifying. You might feel helpless, but a criminal law attorney can help you navigate this difficult time. These attorneys represent defendants charged with drug, sex, property, and violent crimes, as well as other offenses. Speak with an attorney to go over the evidence and create your defense.

What Is a Personal Injury Lawyer?

When you’re injured in an accident, figuring out what to do next can be overwhelming. A personal injury attorney is a licensed professional who provides legal representation to people who have been physically, emotionally, or financially harmed due to someone else’s negligence. Seeking the advice of a personal injury lawyer can help protect your rights, but it’s critical to understand their roles and responsibilities.

Responsibilities of a Personal Injury Lawyer

The best personal injury lawyers wear many hats and take on various responsibilities to help clients recover fair compensation for their injuries. The major responsibilities of a personal injury attorney include:

Client advocacy and legal representation – The main role of a personal injury attorney is to serve as an advocate for their clients. They represent an injured party’s interests during settlement negotiations with insurance companies and in court if a case goes to trial. From the initial consultation to the resolution of the case, they offer guidance, support, and legal advice throughout the entire process.

Case evaluations – Assessing the viability of a personal injury case is one of the first things an attorney must do. Personal injury lawyers offer free consultations and work on contingency, so even if you don’t proceed with your case, you really have nothing to lose by having an attorney assess your situation.

Investigations – A personal injury attorney and their legal team thoroughly investigate the circumstances surrounding the incident and injury. This involves gathering evidence, speaking to witnesses, and obtaining medical records and other documentation. An investigation may also include hiring accident reconstructionists and other experts to determine how an injury occurred, the impact it’s had on a victim’s life, and the potential value of the claim.

Legal research – Personal injury attorneys keep up with the most current, relevant civil laws and regulations. They often do research to find statutes and precedents that can support and strengthen their client’s case.

Negotiations – One of the most important jobs that personal injury lawyers do is handle negotiations with insurance companies and other parties involved in the case. This includes calculating the value of the claim, presenting evidence, and advocating for their clients’ interests to reach a fair settlement agreement. The best personal injury lawyers are well-versed in the tactics insurers use to deny or minimize payouts, and fight for your rights and interests.

Litigation – If a reasonable settlement isn’t a possibility, a personal injury attorney should be prepared to take your case to court. They handle all court filings, prepare for trial, represent their clients in the courtroom, present evidence, and offer compelling arguments to achieve favorable outcomes.

Types of Personal Injury Cases

Personal injury lawyers handle a wide range of cases that involve negligence or wrongdoing. Some common types of personal injury claims include:

  • Motor vehicle accidents, including crashes involving tractor trailers, pedestrians, bicyclists, motorcycles, and drunk or distracted drivers
  • Dram shop liability
  • Premises liability, including slip and fall accidents, dog bites, and other
  • Construction site injuries
  • Cases involving catastrophic injuries
  • Wrongful death claims
  • Intentional liability, which usually involves assault or other types of physical and emotional harm

Some common types of damages an injured party may be entitled to receive include the cost of medical bills, wage loss, pain and suffering, mental anguish, and other damages.

Benefits of Hiring a Personal Injury Lawyer

If you’re wondering when to hire a personal injury lawyer, the short answer is to find an experienced attorney right away. Personal injury lawsuits and claims are complex. Personal injury lawyers use their experience and knowledge to build solid cases and help clients recover maximum compensation. They also have access to resources that you might not find on your own, including medical experts, investigators, and other qualified professionals.

Personal injury lawyers are skilled negotiators who fight for your rights and work tirelessly to obtain the full and fair amount of compensation you may be entitled to receive. Because they work on contingency, you won’t pay any up-front costs or owe attorneys’ fees unless they recover compensation for you.

Personal injury lawyers are equipped to handle all aspects of the legal process efficiently, which can lead to a faster resolution and a better chance of making a fair recovery. With an attorney by your side, you can focus on healing while they handle your personal injury claim, which reduces stress and gives you peace of mind.