Oscarson Legal Blog

National legal news

This content shows Simple View

personal injury

Why a personal injury lawyer is the best way to win your case

car semi truck accident lawyerIf you have been involved in a car accident, if you slip and fall at work, if you are injured by equipment at your job, a personal injury lawyer is the first person you want to contact. Not only do they have the experience of handling personal injury claims, they also know how much you can sue for, and whether or not filing a lawsuit is in your best interest. The best lawyers will know what you can ask for in a settlement offer, and will also help you avoid signing a settlement from the party who is at fault, if it is less than what your claim is worth.

Get what is owed to you

A personal injury lawyer understands all types of personal injury claims. They know the difference between a slip and fall, versus how much you will receive if you are injured in an accident on the road, where a major company’s vehicle injures you.

Your attorney will know what to ask for, and ensure you get all you are owed, including:

  • Time off work, pay for hours missed and lost wages.
  • Medical bills, doctor bills, and medication bills.
  • Attorney costs and court costs.
  • Possible damages for loss of limbs, or immobility due to an accident.
  • Damages for loss of consortium, or inability to care for your family.

personal injury lawyer helpThese are just a few of the damages your personal injury lawyer will know to include in a settlement agreement, which you would never even consider. Further, your lawyer knows exactly what your claim is worth, and will not allow you (or will advise against it), when signing an agreement. And, your lawyer will also ask for future damages; if you have to continually go to the doctor, or purchase pricey prescriptions, these will all be added to your settlement.

Is it worth filing?

In some cases, a personal injury lawyer may advise against filing a huge lawsuit, for injuries that occur on the job; or, if you are dealing with an injury against a huge corporation (like a slip and fall accident in a major retail outlet in a mall), your lawyer will advise you on the steps to take. Additionally, your lawyer will inform you that your employer can’t fire you, if you choose to file a claim; many people forego filing, out of fear of losing their job. But, with the top lawyer on your side, they will not only help you determine if you should file (or settle), they will also inform you of your rights, and legal actions you can take against different entities, if they try to take adverse actions in the future.

As an everyday citizen, if you are injured in a personal injury case, you don’t know what to do, or what steps to take. For this reason, the first thing you should do, is call a personal injury lawyer. Not only will they advise you of your rights, but if you have a viable claim, they will work with you to ensure you receive all that is owed to you, and ensure you aren’t paying out of pocket for their services, which will be included as a part of your settlement offer, to the party who is at fault.



Who is a Personal Injury Lawyer?

accident injury claim compensationA person can be a victim of personal injury anywhere and at any point of time and it’s times like these that they need the services of a personal injury lawyer.

What is personal injury?

In legal circles, personal injury refers to the injury caused to a person physically or mentally, his property, reputation and personal rights. There is a catch though – claims for personal injury can only be made when the injury is caused due to negligence of the person providing the care e.g. doctor, manufacturer, employer etc. Some of the common types of this type of claim include slip and fall, road accidents, wrongful death, animal bite, aviation accidents, boating accidents, nursing-home abuse, spinal cord injury, product liability and medical malpractice.

Roles played

A personal injury lawyer is charged with the responsibility of making sure that the injured party of family (in the case of wrongful death or road accidents) obtain compensation or ‘damages’ for their losses. Damages in this context refer to medical expenses, loss of companionship or consortium, emotional distress, monetary damages, legal fees, loss of income or earning capacity and punitive damages.

The lawyer first investigates the claim, screens potential clients and evaluates the merits of your case. They also gather evidence to support your claim, formulate legal theories then draft pleadings and motions for the same. Other roles include interviewing and deposing of witnesses and a bit of counselling. It can be argued that personal injury attorneys help injured victims and/or their families seek justice.

It’s payday

Lawyers practicing personal injury get paid on a contingency-fee basis. In this sort of arrangement, you (the injured party) pay the lawyer if they obtain a favorable settlement. This is only about 30 – 40% of a client’s total compensation after all costs are deducted. If you or a family member falls victim to personal injury, contact an attorney as soon as possible and get the wheels of justice grinding.




top