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Summary
Personal injury lawyers gather evidence, handle negotiations with the insurance company, calculate the value of your case, coordinate with experts, draft settlement agreements, represent you in court (if needed), appeal negative judgments, file legal documents within the statute of limitations, and provide post-settlement support.
Table of Contents
Before you hire a personal injury lawyer to assist you in recovering fair compensation following an accident, such as a car wreck, it's important that you understand what personal injury lawyers do and how what they do can provide an immense benefit to winning your personal injury lawsuit.
The next section covers what an experienced personal injury lawyer does for you and other clients daily.
What Does A Personal Injury Lawyer Do?
Gather Evidence
To win personal injury lawsuits, the plaintiff must present strong and substantial evidence, which could be a challenge to do alone, especially in cases such as motor vehicle accidents where evidence could be destroyed or require deep analysis to uncover.
This is where the assistance of a personal injury attorney comes in as they will gather and organize key evidence, such as:
- Police Reports
- Medical records
- Videos and pictures of the accident
- Witnesses statements
- Expert opinions from a medical expert or expert relating to your case (typically only done in complex cases where there is litigation).
In addition to gathering the evidence, personal injury lawyers compile it to form a strong and winning personal injury claim.
Handle Negotiations with Insurance Companies
Dealing with insurance companies alone can be difficult.
They aim to minimize claim payouts, which means you could be cut off from your entitled fair settlement.
Additionally, in some cases where the insurance company refuses your personal injury claim, you may have trouble getting the decision on your denied claim reconsidered, as the insurance company may intentionally delay responding to you or not respond to you at all.
For these reasons, having a lawyer on your side is crucial as personal injury lawyers understand the common and advanced tricks insurance companies deploy in an attempt to minimize compensation and will ensure that the insurance company does not take advantage of you.
Also, when insurance companies receive a letter from your personal injury attorney that you are their client and all communication must go through them, they often avoid lowballing or attempting tricks that may slow settlement negotiations, meaning you can recover compensation faster.
Calculate the Value of Your Injury Case
While you're entitled to compensation from the responsible parties' insurance companies following an accident without guidance from a personal injury attorney, you may ask for a personal injury settlement that is too low or high, resulting in the insurance company either lowballing you or denying your claim.
However, with the help of a personal injury lawyer, you can be ensured that all non-economic and economic damages are fully calculated in your claim.
Such damages a personal injury lawyer may calculate during a case evaluation are:
- Past, current, and future medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages
- Loss of consortium
Your accident attorney may also have additional conversations with you to uncover other damages you may be entitled to in your personal injury claim.
Coordinate with Experts
Personal injury lawyers often have access to a wide array of doctors, auto accident reconstructionists, and other experts, which they will use to provide expert testimony in your personal injury lawsuit and potentially obtain a higher settlement amount.
Depending on the circumstances surrounding your claim, experts roles be the following:
- Medical Experts: If your case has complex injuries or is related to medical malpractice, your personal injury lawyer may call on a medical professional to explain your injuries and the effects or how an operation went wrong to ensure that you obtain fair compensation.
- Accident Reconstruction Experts: Common in complex car or truck accidents, your personal injury lawyer can bring in an accident reconstruction expert to rebuild and illustrate how an incident such as a car accident occurred. This could provide further insight to a judge or jury and make proving fault easier.
- Economists: While rare, your personal injury attorney may use an economist to quantify and display the financial losses you have and will experience from lost income, past and future medical costs, property damage, and other damages.
While personal injury attorneys have access to such experts, it's essential to understand that an attorney will only call on an expert for complex or large cases because hiring an expert is often expensive and can inflate legal fees.
Draft a Formal Settlement Agreement
Once a settlement is reached between your lawyer and the negligent party, your personal injury lawyer will draft a formal settlement agreement outlining clear and enforceable terms to protect your best interests.
This settlement agreement is a legally binding contract and will typically include:
- The agreed-upon settlement amount
- The way and timeline for the payment
- Further information regarding liability and confidentiality
If the other party breaches this settlement agreement in any way, your personal injury lawyer can also assist in suing them for breach of contract.
Represent You in Court
If settlement negotiations with the insurance company fail, your personal injury attorney will typically request that they prepare your case for litigation.
If you agree, your personal injury lawyer will start the litigation process by filing the necessary legal documents, arguing motions, going through a discovery phase, and finally presenting your case to a judge or jury.
Appeal a Negative Judgment
When the court decides against you, your personal injury attorney can file an appeal to reject and possibly overturn the decision.
The process of appealing a negative judgment typically includes:
- Examining the trial court's decision for any errors
- Filing an appeal with the appellate court
- Presenting arguments against the judgment
Good personal injury lawyers will usually appeal any judgments that may hinder you from obtaining a fair settlement.
File and Handle Your Legal Documents
Whether it goes to trial or not, a liability claim requires a lot of meticulous and time-constrained legal documents to be filed; such documents are:
- Complaints, motions, and responses
- Discovery requests
- Exhibits
- Evidence reports
With a legal representative, you can be assured that any legal paperwork related to your case will be taken care of properly and in a timely manner, ensuring compliance with personal injury law.
File Your Personal Injury Lawsuit Within the Statute of Limitations
In the state of Nevada, the statute of limitations is two years from the date of the incident.
Missing this deadline can result in you being barred from recovering the settlement to which you are entitled.
A personal injury lawyer will ensure that your case is filed on time and in accordance with personal injury law.
In addition to following the statute of limitations for filing a claim, a personal injury lawyer will also monitor and follow other deadlines on your case, such as responses to motions or discovery submissions.
Post-Settlement Support
Even after the settlement is finalized, you can rely on your personal injury lawyer to assist you as they will:
- Ensure that your settlement funds are given in time
- Negotiate medical bills or pay medical liens to ensure that you obtain maximum compensation
- Provide insights on federal and local tax laws that could affect your settlement
If a dispute arises after the settlement is agreed upon, you should immediately call your personal injury lawyer on what steps to take next, and if a dispute about the settlement arises between you and your personal injury lawyer, contact us at (702) 566-3600 to learn how our personal injury law firm can help.
What Type of Cases Do Personal Injury Lawyers Handle
Most personal injury lawyers deal with most cases outlined in personal injury law.
These cases are explored in further detail below.
Motor Vehicle Accidents
One of the most common cases personal injury attorneys handle is motor vehicle crashes, which include car, motorcycle, truck, and rideshare accidents.
Car accident cases will often involve proving the other driver's negligence and demonstrating the injured client's damages in order to get them maximum compensation.
Slip and Fall Accident
Personal injury lawyers work on premises liability cases, such as slip-and-fall accidents, which occur when the property owner fails to maintain safe or up-to-code conditions on the property.
Common causes of slip-and-fall accidents are wet floors, poor lighting, or broken stairways.
Medical Malpractice Cases
Medical malpractice occurs when a healthcare professional fails to meet the standard of care, harming the patient.
A personal injury lawyer will typically handle cases involving:
- Misdiagnosis
- Surgical errors
- Medications mistakes
Workplace Injuries
If a workplace injury is not covered by workers' compensation or the victim is under-compensated, a personal injury lawyer can help recover additional damages.
Wrongful Death
A personal injury lawyer can file a wrongful death claim on behalf of surviving family members following the death of a loved one in an accident such as a car wreck or slip and fall injury.
Product Liability
In cases where defective or dangerous products cause injuries, such as faulty machinery, medications, or vehicle parts, a personal injury lawyer can file a product liability claim against the manufacturer and obtain compensation for those injured.
How Much Does a Personal Injury Lawyer Cost
Most personal injury law firms charge on a contingency fee basis, which means the client does not incur upfront costs. Instead, the injury attorney takes a percentage of the final settlement.
This percentage the attorney takes out of the client's settlement usually ranges from 33% to 40%, meaning if the client gets a $100,000 verdict, the attorney will take around $35,000.
However, you should understand that costs may increase if a case goes to trial due to the additional work needed, expert testimony costs, and filing fees.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
