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After a serious injury, you may be entitled to compensation from the at-fault party. Recovering the money you deserve can be easier said than done, though.
The role of a personal injury lawyer is to protect your rights and pursue fair compensation on your behalf. Personal injury lawyers can help with many types of cases involving negligence or wrongdoing. This includes everything from motor vehicle accidents to assaults.
When you hire a lawyer, they can assist with every aspect of your personal injury case. Here’s a closer look at the many roles a personal injury attorney may play in your case.
During your initial consultation, a lawyer begins by determining if the case has merit. The attorney will listen to your story and ask questions about the circumstances and your injuries. They will also review any documentation you have.
The lawyer will consider whether your case has potential, if there is a good chance of proving liability, and whether your total damages justify hiring a lawyer.
During the consultation, and throughout your case if you hire the lawyer, they will provide legal advice and guidance. This includes discussing any weaknesses in your case, likely scenarios to expect, and your legal options.
To recover compensation, you must prove another party’s liability for your damages. This means they are legally responsible for paying for the damages they caused. In a personal injury case, the injured party has the burden of proof. You must show it was more likely than not that the other party caused your injuries.
To do this, your lawyer will conduct a thorough investigation into your accident and gather evidence.
Most personal injury cases involve negligence or carelessness. To prove negligence, your lawyer will gather evidence that shows the defendant owed you a duty of care, violated this duty, and their breach of duty was the cause of your injuries.
Evidence can come in many forms, such as:
Cases can also involve strict liability, which holds a company or person legally responsible for damages even if they were not proven negligent or intentionally harmful.
Your lawyer will carefully assess the evidence to build the strongest case possible.
Throughout the legal process, your lawyer will act in your best interests and protect your legal rights. They will also defend you against attempts to blame you for your accident, shift liability, blame a pre-existing condition, or undervalue your claim.
If you are being blamed for your accident, it’s crucial to consult with a personal injury lawyer. Oregon’s modified comparative negligence statute means you are only entitled to compensation if you are less than 51% to blame for your losses. If you are found 51% or more at fault, you will not recover anything.
Before negotiating with the insurance company, your lawyer will assess the value of your damages. The value of a personal injury case is affected by dozens of factors, and it can take time to ensure nothing is overlooked.
There are two types of damages you can recover: economic damages and non-economic damages. Economic damages like lost earnings and medical bills may be easy to quantify, but not always. Cases involving catastrophic injuries or permanent impairment may require the help of experts to value future medical expenses and reduced earning capacity.
The value of non-economic damages like pain and suffering and reduced quality of life is subjective. To justify these losses, your lawyer may recommend keeping a daily journal during your recovery. They may also use expert testimony about your condition and testimony from friends and family.
Your lawyer will handle communications with the insurance company and other parties involved. This protects you from making any statements that may be misconstrued and used against you.
Once your lawyer has a good understanding of what your case is worth, they will pursue the maximum compensation possible.
Negotiations begin with a settlement demand package which is delivered to the insurance company. This includes your legal argument, case facts, and documentation supporting liability.
Insurance companies often try to minimize payouts. Personal injury lawyers negotiate aggressively to secure fair settlements.
The negotiation process may take weeks or longer as both sides exchange information and try to reach an agreement. If an acceptable agreement is reached, your lawyer will review a settlement agreement with you. Most cases are settled at this stage, but sometimes an agreement can’t be reached.
If negotiations fail, your lawyer will proceed to file a personal injury lawsuit with the court. This begins a lengthy process that includes discovery, where both sides exchange information and evidence. Negotiations will continue. A settlement is still likely to be reached, especially during the discovery phase.
If your case does proceed to a trial, your attorney will represent you in court. They will present evidence, question witnesses, and make a persuasive argument. Your lawyer will prepare you for court and make sure you know what to expect at every step.
Handling a personal injury claim without a lawyer can be overwhelming. If your accident involves only minor injuries or property damage, handling the claim on your own may be the best choice. However, cases involving serious injuries or complex areas of law like medical malpractice and product liability are best handled by an experienced lawyer.
Hiring a personal injury lawyer allows you to focus on your recovery. Your lawyer has the legal knowledge and experience to handle your case. They will ensure deadlines are not missed and your case is backed by the necessary evidence.
Hiring a lawyer can also help you recover fair compensation. Your lawyer will understand how to calculate the value of your damages, work with experts as needed, and negotiate effectively.
According to a Martindale-Nolo Research survey, two-thirds of respondents received a settlement after a personal injury. Only 51% of people without a lawyer recovered money compared to 91% of injury victims with legal representation. Those who hired a lawyer received an average payout of $77,600 compared to $17,600 for those without representation.
Personal injury lawyers are vital advocates for accident victims. They provide legal expertise, handle negotiations, and fight for fair compensation. After an accident, a lawyer can help you secure the resources you need to recover and move forward.
If you were injured in an accident in Portland, OR, please contact our Portland personal injury lawyers at Tillmann Law Personal Injury Lawyers to schedule a free consultation today.
We proudly serve all throughout Multnomah County in Oregon. Visit our office at:
Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905
Portland, OR, 97204
(503) 773-3333
Hours: Open 24/7
