No one wants to get injured in a traumatic incident. But thousands of people suffer injuries every day in car accidents, slip and fall accidents, and other events triggered by someone else’s careless or even intentional actions. These injuries significantly impact the physical and financial well-being of those who suffer from them.
The law exists to remedy the unfairness that would arise if you had to shoulder these burdens alone. Your injury claim puts the burden on the party responsible for causing your injuries. While the law cannot take away the pain, distress, and uncertainty you face after an injury, it can compensate you for these and other losses you experienced.
What Is an Injury Lawyer?
All lawyers learn tort law, the basis for all injury claims, in law school. Tort law defines the rights you have when people or entities harm you. These rights exist separate from any rights the state may have to prosecute someone for injuring you. Tort law simply determines whether the other party must compensate you for the losses from their harmful actions.
According to Jason Stephens, a Fort Worth car accident lawyer, many injury cases start with a claim against the at-fault party’s insurance policy. Injury lawyers understand insurance policies and the claims process. With their experience and training, they can file and attempt to shepherd these claims to a successful outcome.
Finally, lawyers know court procedures for filing and conducting a lawsuit when insurers refuse to settle valid claims. While you always have the right to represent yourself, lawyers spend years learning, for instance, the Texas Rules of Civil Procedure and the Texas Rules of Evidence. Courts use these to ensure a fair and efficient process for litigating injury claims.
With this background in mind, a lawyer can help you with your injury claim in the following ways:
Evaluate Your Case
Two of the critical questions at the outset of any injury claim include, “Do I have a case?” and “How much is my case worth?” Injury lawyers work with these cases every day. In most cases, they can provide a quick evaluation of the strength of a claim and a rough estimate of its value.
Both of these issues are important. Legal weaknesses in your claim could cause the insurance company to drag its feet on settling the claim. As a result, you may need to file a lawsuit to secure a fair outcome.
You must also know the value of your case. Insurance companies do not overpay claims, and they try hard to underpay them. An injury lawyer can estimate how much you can recover based on similar cases the lawyer has handled in the past and any unique losses you suffered. This number will help you and the lawyer determine when you receive a fair settlement offer.
Explain the Law
Injury cases fall into three broad categories based on the legal theory used to impose liability:
- Intentional torts
- Negligence
- Strict liability
Each legal theory requires proof of different elements for a winning case. Equally importantly, each of these fields of tort law also provides defenses the other party can raise against your claims. Your lawyer can explain what you need to prove and the counter-arguments you need to overcome to win or settle your case.
Gather Evidence
Once you decide to proceed with your case, you must assemble the evidence to prove your claim. Evidence often includes:
- Accident reports
- Witness statements
- Photos and videos of the accident or accident scene
- Physical evidence, such as the broken product that injured you
- Medical records
- Expert reports
In some cases, you need to gather evidence from the other party. For example, you may need factory records from the manufacturer of a defective product. Your lawyer will probably need to use the tools available in the discovery process during a lawsuit to obtain this evidence.
Prepare Insurance Claims
Your insurance claim explains your injuries, the incident that caused them, and the losses you suffered as a result. Your lawyer prepares the claim and attaches proof of your losses.
The insurer assigns a claims adjuster to your case. The adjuster investigates your claim and decides whether the insurers should accept or deny your claim. Adjusters can deny claims for many reasons, including:
- Incomplete claims
- No proof of loss
- The policyholder did not cause the injury
- The policyholder did not act negligently
- The accident did not cause your injuries
Your lawyer will respond to claim denials with legal arguments and additional evidence. If the adjuster persists in denying your claim, your lawyer may need to file a lawsuit.
Negotiate With Insurers
The adjuster will offer a settlement if the insurer accepts the claim. This settlement will likely be very low. Your lawyer will negotiate with the insurer to try to resolve your claim on fair terms.
Most lawyers learn basic negotiating skills in law school. They sharpen those skills through years or even decades of experience settling insurance claims and lawsuits. Your lawyer probably has a technique and strategy to find the arguments that will persuade the other party to make a fair offer.
File a Lawsuit
Throughout your claim, you and your lawyer will discuss whether you need to file a lawsuit. A lawsuit uses the court system to resolve your claims. A lawsuit does not preclude settlement. Even after filing a lawsuit, only about 3% of injury cases reach trial. Instead, both parties will continue to negotiate to settle your case.
If your case reaches trial, your lawyer will present your evidence to a jury. The jurors will weigh the cases presented by each side and decide which party’s case is more persuasive. If the jury finds in your favor, it will award damages to you.
Taking the Next Step
Every case is unique, and the only way to learn how a lawyer can help you is to speak with one. Fortunately, most injury lawyers offer free consultations to non-clients. These consultations help injured people learn about the law and how it applies to their situations.
If you have suffered an injury due to someone else’s actions, contact an experienced personal injury lawyer to learn how they can help you.
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