Hire a Trial Attorney for Your Personal Injury Case

A personal injury attorney, also known as a trial attorney, focuses his or her practice on helping clients injured because of the negligent or reckless conduct of others. These litigators investigate injury claims and determine the parties responsible for their clients’ injuries. A personal injury attorney is paid a percentage of the final settlement or verdict.

Insurance companies like to deal with injured people not represented by an attorney. Since most people only deal with a personal injury claim once or twice in their lifetimes, insurance adjusters possess a lot of leverage against these victims. Insurance adjusters will typically make an offer to make a case go away, but an unrepresented claimant will never get a top dollar offer from the adjuster.

How a Personal lnjury Attorney Can Help You

Claimants might wonder what a personal injury attorney can do to strengthen their bargaining position. Although each case is different, a trial attorney will typically take the following actions when accepting a new client.

1. Investigate the Facts

A personal injury attorney has tools and resources unknown to the general public. The lawyer may hire an investigator to track down witnesses or obtain asset checks on the defendants. An attorney can easily obtain a copy of the police report and will feel comfortable speaking with the investigating officer about any liability issues. An experienced trial attorney will immediately focus on available insurance and will send a letter to the negligent party or the insurer for the negligent party to verify insurance coverage.

2. Determine the Client’s Injuries

Most clients may not even truly understand their injuries. They will understand the pain and suffering. They will understand how their injuries affect their ability to work or just perform activities of daily living. However, they may not understand what treatment is needed to alleviate the pain. An experienced personal injury attorney will speak with the client’s medical providers to determine how long the client may need to treat and when the client’s injuries will fully heal.

3. Attempt to Settle the Claim

Litigation is expensive. Even filing a lawsuit requires a court filing fee and a fee to serve the opposing party with the civil complaint. An experienced trial attorney seeking to save his client time and money will make a good faith effort to settle her client’s claim without a lawsuit. Typically the lawyer will send a demand letter outlining the liability issues and the client’s injuries, making a demand for a specific amount of money. The insurance company will respond after reviewing the materials and make an offer. Back and forth negotiations can take weeks, months or even years, depending on the applicable statute of limitations.

4. File Suit

If a case cannot be resolved, the trial attorney will file a lawsuit on behalf of his client. The complaint will outline the various claims and describe the injuries sustained in the accident. The claimant is now called the plaintiff, and the party accused of negligently or recklessly injuring the plaintiff is called the defendant.

5. Litigation

Rules of civil procedure vary between the federal rules and the rules of different states, but typically the attorneys involved in a civil lawsuit will draft written questions called interrogatories and requests for production of documents. Each side will answer the opposing side’s interrogatories and requests, and then the attorneys typically schedule depositions. During depositions, the parties are questioned under oath about their claims, injuries and defenses.

6. Mediation

Most civil cases are settled during the litigation process. Only two percent of federal cases ultimately go to trial. Some cases are settled with a series of phone calls, emails or letters, but a large percentage of cases are settled at mediation. Mediation is a formal settlement conference involving a neutral third person, called a mediator, who brings the sides together and tries to help them resolve the case.

7. Prepare for Trial

Although few cases go to trial, a competent personal injury attorney will anticipate the possibility from the start of the case. By fully investigating the accident, understanding the client’s injuries, and thoroughly using the discovery process to obtain information from the opposing side, the attorney will be ready to protect his client’s rights at trial.

Types of Attorneys in the United States

An attorney is a professional person authorized to practice law, conduct lawsuits or give legal advice. In the United States, the basic distinction of law is into two sectors, criminal and civil. These two divisions are further subdivided into various other fields in which one can practice. Some of the common types of attorneys in the United States are:

  • Criminal defense attorneys: A criminal defense attorney will represent a person who has been reportedly accused of breaking the law. Right from murder, to cyber crimes, to traffic violation, each of these cases is handled by the same. Whatever be the severity of the crime, a criminal defense attorney has to be involved for the case.
  • Family law attorneys: These are those who deal with all the laws relating to family matters. A family law attorney must have the complete details of the family’s history that he is representing. Cases relating to divorce, adoption and guardianship, custody rights are dealt with by such a person.
  • Estate attorneys: Estate planning attorneys are those who advise their clients on wills and transfer of wealth and property from the previous generation the next. Charities and donations are also taken care of by estate attorneys. They help their clients to plan for their families as per their requirements and benefits.
  • Personal injury attorneys: When a particular person gets injured on account of negligence by any other party, it is known as a personal injury. Personal injury attorneys deal with cases of car accidents, workers compensation, airplane crashes and so on.
  • Bankruptcy attorneys: Bankruptcy is a situation when any individual or firm files to relieve itself of its debts. Bankruptcy attorneys assist their clients in filing for bankruptcy. They advise their clients about the kind of bankruptcy they should file. The two types of bankruptcy are chapter 7 and chapter 13.
  • Business attorneys: If a business is sued, then the services of a business attorney are called for. They will help their clients in drafting all their legal documents and advise them on all the steps they ought to take in the given situation. They have to make sure that their clients are not in any legal trouble
  • Civil rights attorney: Such an attorney has to defend the written rights granted to all the citizens of the United States. Some of these rights are the freedom to speech, freedom of the press, freedom to vote, freedom of assembly, freedom form slavery, etc.
  • Immigration attorney: An immigration attorney is one who provides his services to such people who would like to be citizens of the United States. Many regulations and legal formalities have to be followed before one can become a citizen. Such a person takes care of the same.
  • Intellectual property attorneys: These are also known as entertainment or patent attorneys and trademark lawyers. They specialize in many different areas like entertainment laws of transaction, or technological information of the United States.

So if you are planning to take up this profession seriously, check the field you would like, do your research and then decide which field would suit you the best. All the best!

Personal Injury Attorney – How to Choose the Right One

Sooner or later, most people are confronted by a legal issue that is beyond their capability, and find that they are going to have to hire an attorney.

If you find yourself in this situation, in order to find the best legal help possible, it’s important to select an experienced attorney that can help you to find your way through our complicated legal system.

However, choosing the best lawyer for your circumstances can be a challenging project. Since the subject matter is something that you probably understand very little about, it can be very difficult to determine whether or not the legal professional you select will be the best one for the job. If you have been hurt in a car crash, you are probably in pain, missing work, and worried about medical bills, all of which make it even harder to concentrate on finding the best attorney.

It’s not usually a wise move to select an attorney based on the advertisements you see on television. Even though all these firms have ample funds to pay for TV time, the ads don’t tell you anything about their ability to deal with your personal legal situation. These lawyers may be excellent at creating commercials, but you aren’t searching for a spot to take your family to eat or the best car to buy. You need skilled legal counsel. If you decide on a lawyer that has advertisements on television, that’s okay – just don’t make those advertisements the only reason you made your decision to work with them.

Instead of selecting an attorney via an advertisement on television, seek out folks you know that can direct you to a good attorney that they have employed and will vouch for. Family and friends are the initial people you ought to ask, and co-workers can also be very helpful. You might know individuals who’ve had to engage a lawyer at some point in their lives, and they can talk to you about the attorney they decided to use. However, make certain that the one they recommend deals with the type of legal situation you have got.

The web can be an excellent resource for locating a good attorney. Search for local lawyers that practice the kind of law you require. For example, if you live in Arizona and have been involved in a car crash, use the search term “personal injury attorney Phoenix” to get the names of local attorneys. In addition, scope out a few neighborhood review websites, such as Yelp, Kudzu, and Merchant Circle. There will most likely be several reviews and evaluations of the attorneys in your area. This could help to make your quest for an attorney much easier.

Once you have chosen a good possibility, set up a time for a consultation to discuss your situation. The majority of attorneys offer a free consultation, either by telephone or face to face. This will help you decide if this is the legal representative you want. If you don’t feel comfortable with him or her, move on. There are a lot of lawyers, and you’ll find one who you like and feel confident in.

Keep these points in mind when choosing an attorney:

1) The attorney should focus on certain types of legal work. For example, when selling property, you will want a real estate attorney; if you’ve suffered an injury in a car crash, you need a personal injury attorney.

2) You should always get an attorney as soon as possible when you find yourself in a crisis situation, for instance severe injury from a car accident or a wrongful death scenario.

3) An attorney who takes cases to trial routinely is very different from a lawyer whose principal objective is to just settle the case – and the insurance companies know the difference. Attorneys that handle divorces one day and bankruptcy the next probably won’t have enough time or expertise to make the substantial commitment your legal situation calls for.

4) Make sure the attorney you are consulting with is the same one who will handle your case. Oftentimes cases will be handed off to lower level attorneys once you have made a commitment with the firm. This can leave you in a situation where you’re forced to work with an attorney you don’t like or trust, and that’s the last thing you want.

It’s worth taking the time and making the effort to find the best attorney to handle your case. Once you’ve placed your legal affairs in the hands of good legal council, you can trust that he or she has your best interests in mind.