Personal injury lawsuits occur when one party experiences physical or psychological injury as a result of an event for which another party is responsible. This type of lawsuit falls under tort law. Tort law governs civil wrongdoing one party(tortfeasor) that causes harm to another(injured party). A personal injury lawyer then represents either the defendant or the accused in this type of lawsuit. It’s only natural that the best lawyers in personal injury lawsuits are the ones with a firm grasp of tort law.
What Are the Responsibilities of a Personal Injury Lawyer?
In the case of the plaintiff:
* They evaluate the details of the case brought forward by a potential client as well as carry out their research to ensure that they have a strong case; the end goal being to get justice or some compensation for their client
* They are responsible for filing the lawsuit against the accused individual, business, organization, corporation or government agency on behalf of the client thus initiating the court proceedings.
* As these types of lawsuits often end in informal out-of-court settlements, they are required to act as their client’s negotiator; the objective of this would be to get the client the best possible settlement offer.
In the case of the defendant, the personal injury lawyer will use his knowledge in the field to weaken the case of the plaintiff or negotiate to get the least possible payout via settlement.
Characteristics of a strong personal injury lawsuit
* You suffered an actual injury that is documented in your health records with a registered medical practitioner
* Proof of negligence on the part of the defendant
* Proof that your injuries are a direct result of the negligence of the defendant and not from pre-existing conditions
* The availability of testimonies of witnesses who saw the incident
* A police report if a police officer responded to the incident
* Photographs of your immediate injury and what caused the injury
What Does a Weak Tort Lawsuit Look Like?
* No medical records of the alleged injury
* No available police report on the alleged incident
* The prosecution has a case without witnesses to account as to what happened
* The possibility of preexisting conditions being the cause of the injury
* Negligence on the part of the plaintiff. For example, they ignored a clearly laid out warning or sign before the injury
What to Look for in a Personal Injury Attorney?
You should be wary of lawyers who seem eager to settle for the first settlement offer they receive. A good lawyer will diligently research each case to ensure that their clients get the
best possible outcome. They won’t settle for a quick payout so they can receive their cut. They care about you.
* Communication skills
The difference between winning at a lawsuit and losing one may be in the lawyer’s ability to understand what you say as well as what you are trying to say. They must also be able to express their knowledge and understanding of the law and the details your case so as to help you make the best possibly informed decision.
* Analytical skills
They must possess the ability to analyze facts and arguments brought forth by the defense to identify weaknesses and use them to the plaintiff’s advantage.
* Negotiation skills
They must have the capacity to negotiate the highest possible payout through their knowledge and experience with similar cases. They’ll know when you are being offered the shorter end of a deal.
They should have a few years of experience working in a courtroom on similar cases. This ensures that the bring much more than the ability to read and interpret the law. They should be able to tell when the defense is losing.
It is best to seek the service of an experienced lawyer than to try and represent yourself as they understand the system of law. This way you stand a better chance at getting the best compensation or justice.