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You have seen ads on billboards or televisions for a personal injury lawyer. But, now that you have been in an accident, you might wonder what exactly a personal injury lawyer does?
What are a Personal Injury Lawyer’s Qualifications?
A personal injury lawyer (also called a personal injury attorney) has graduated from college, graduated from law school, and passed the bar examination in the state where they practice. A personal injury lawyer handles a specific type of case: they help victims of an accident recover a financial settlement from a negligent or intentional act of another person. In Atlanta, Georgia, the financial settlement includes:
- Medical bills from an injury
- Future costs from an injury such as rehabilitation, medication, and physical therapy
- Pain and suffering
- Certain expenses (like travel)
- Deprivation to your family of being a spouse (loss of consortium)
Personal injury cases based on negligence or an intentional act are civil cases (not criminal). The victim of a civil act is the plaintiff, who files the lawsuit against the defendant and hires a personal injury lawyer. The defendant is the party responsible for the negligence or intentional act that caused the injury; the party who gets sued. Examples of personal injury lawsuits include:
- Motor vehicle accidents, including car accidents, truck accidents, and motorcycle accidents
- Bicycle accidents
- Slip and fall accidents
- Medical malpractice
- Drunk driving
- Pedestrian accidents
- Rideshare accidents
- Injuries at work
- Defective products or products liability
- Dog bite cases
- Wrongful death, where family members can recover compensation for the death of a loved one from the party (or parties) who were responsible for the death
The right experienced personal injury lawyer will bring specific value to your case:
1. A Personal Injury Lawyer Will Investigate and Evaluate Your Medical Records
Your personal injury lawyer will gather relevant information about your case. This includes details about the injuries as documented in medical records, x-rays, reports of physicians and medical care professionals, the testimony of physicians and medical care professionals. For this reason, it is critical to get medical care immediately after an accident. In evaluating the physical and health effects of the accident, a personal injury lawyer will consider the long-term effect of the accident, including whether the medical issues have consequences in the future. A Personal Injury Lawyer Will Investigate and Evaluate the Evidence from Your Accident
A personal injury lawyer will also gather and review evidence to determine what happened in the accident. This evidence will determine which parties are liable (i.e., responsible) for the accident. Examples of evidence that a personal injury lawyer may evaluate to prove fault include:
- Police reports
- Photo evidence
- Video evidence
- Witness statements
- Experts
- Medical records
- Depositions (formal recorded interviews)
2. A Personal Injury Lawyer Will Investigate and Evaluate Insurance Coverage Options
Except in very rare circumstances, settlement money for a personal injury case will come from insurance policies. Which insurance policy applies depends on the type, location, and circumstances of an accident. Possible policies include insurance that belongs to the other party (or parties) to the accident, your policy, the property owner where the accident occurred, and the company that maintains the area where the accident occurred. A personal injury lawyer will evaluate insurance coverage benefits available from parties who have liability for the accident. In addition, a personal injury lawyer may identify a party that can contribute to a settlement, one that a victim on their own would overlook.
3. A Personal Injury Lawyer Will Provide Advice to You Regarding the Lawsuit
A personal injury lawyer can advise their client about the case, particularly regarding the value of the case considering their evaluation, the evidence, and relevant laws. They will explain your case’s reality, including its strengths and weaknesses. A personal injury attorney has your best interest in mind, so they will advise you on a course of action.
Because your personal injury attorney is providing advice to you and representing you in this claim, you should not provide a statement (recorded or otherwise) to the attorney of the other party. What you say in a statement can be used against you as a basis to deny or reduce compensation. Allow your personal injury attorney to handle all communications with other parties.
4. A Personal Injury Lawyer Will Make a Demand and Negotiate a Settlement in the Case
After their thorough investigation and evaluation of the case, a personal injury lawyer will contact the insurance company or attorney of the other parties. The personal injury lawyer will demand (a request for settlement payment) on the other parties to the accident. The amount of the demand will be based on:
- The amount of liability of each party
- The amount of damages of the victim
- The available money available under the insurance policies
Generally, the case is not settled after an initial demand. The parties will engage in extensive discussions about the value of the case, the injuries and damages sustained, and the parties’ liability. If settlement discussions do not yield a successful result or resolution, your personal injury attorney will consider filing a lawsuit. This means that your case goes from being a “claim” to being a lawsuit filed in court. Once a lawsuit is filed, the parties need to follow Georgia state law for lawsuits. The plaintiff and defendant(s) exchange evidence in a formal manner (this procedure is called “discovery”). Additional evidence may be obtained, such as in depositions (formal interviews that are audio or video recorded) of involved parties. If the plaintiff and defendants(s) still cannot settle the matter, the case proceeds to a full trial.
5. A Personal Injury Attorney Will Navigate the Legal Procedures
Having a strong case is not all that is required for a fair settlement. A lawyer needs to follow the required procedures to get the recovery you deserve. This includes the procedures all the insurance companies have to file a claim. Negotiating with the insurance companies means making sure other rights are protected. If the insurance company does not agree to the settlement you deserve, and the case proceeds to a lawsuit, both sides need to follow Georgia’s formal rules for court. Georgia has specific requirements about how lawsuits should proceed under its civil procedure laws. A personal injury attorney will ensure that the documents are drafted in the proper format, with the right information, and filed on time. If the case proceeds to trial, the legal procedures involved are even more important.
Call Ali Award Law to find out what a Qualified Personal Injury Lawyer in Atlanta, Georgia, Can Do for You.
Personal injury lawyer Ali Awad and his team of injury and accident attorneys have the knowledge to handle your personal injury case, so you do not have to handle the stress of negotiating a case alone. The CEO Lawyer Personal Injury Law Firm handles cases on a contingency fee basis, which means that they do not get paid unless you get paid. Handling a personal injury claim while you are trying to recover from your own injuries is stressful and time-consuming – all while you are trying to get on with your daily life commitments with your family, community, and job. CEO Lawyer can handle your personal injury case today so you can focus on recovery and getting along with your life. Call us today for your free consultation.