What Does a Personal Injury Lawyer Do?

There are a lot of different areas of law, personal injury law being one of the most common and potentially the most broad. If you’ve been injured in an accident or incident because of someone else’s negligence, that’s where personal injury lawyers come into play. These lawyers specialize in helping accident victims get financial compensation for the injuries.

But what does a personal injury lawyer do? Understanding what their roles and responsibilities are can help you determine if hiring an experienced personal injury attorney is the right move for your situation.

What is Personal Injury Law?

Personal injury law is also known as tort law. It’s a branch of civil law that allows people who have been harmed by someone else’s negligence or intentional actions to seek compensation for their injuries and losses. This is a broad area of law and can cover things such as:

• Car accidents
• Workplace injuries
• Slip and fall incidents
• Dog bites
• Medical malpractice
• Wrongful death claims

The overall goal of personal injury attorneys is to protect the rights of the victim and advocate for a fair settlement based on their specific injuries and losses. They are invaluable resources when it comes to negotiations with an insurance company and securing the financial means to heal accident victims.

Key Roles and Responsibilities of Personal Injury Attorneys

Personal injury lawyers are essential for helping victims navigate the legal process and advocating for their client’s rights. This legal team will take on several main roles and responsibilities.

Case Evaluation and Investigation

The first thing that personal injury lawyers will do is evaluate the circumstances of personal injury lawsuits. This includes:

• Conducting an initial consultation with clients to gather the main information about the accident that caused injuries
• Reviewing medical records, including medical bills, police reports, and other vital documentation
• Interviewing witnesses and gathering their statements
• Investigating the circumstances surrounding the injury, like consulting with experts, reconstructing the accident scene, or visiting the scene

Through this process, a legal team will be able to determine the strength of your case and then advise you on what they believe is the best course of action.

Determining Liability

Establishing liability is the key to settling a personal injury lawsuit or case and receiving maximum compensation. You have to know who is liable so you can properly seek compensation.

Personal injury law firms will help determine who is liable for the injuries and damages by utilizing their knowledge of the law and evaluation of evidence. This process includes:

• Analyzing applicable regulations and laws
• Gather evidence to determine liability
• Reviewing police reports and witness statements
• Consulting with expert witnesses like medical professionals and accident reconstruction specialists
• Examining physical evidence from the accident
• Identifying all potentially liable parties like businesses, individuals, or government entities

By carefully going through all the evidence, a personal injury lawyer will be able to build a strong case for their client to recover compensation. The law firm will use this information to establish liability and ensure that all liable parties are held responsible for their actions or inactions that led to the injuries.

Calculating Damages

Another thing that a personal injury lawyer will do is accurately calculate your damages. This will help them ensure that the compensation you’re pursuing is fair based on all the damages and that an insurance company is not lowballing you. Factors your legal representation will take into consideration when calculating damages include:

• Lost Wages: Lost income due to having to take time off work and any potential future earning capacity.
• Medical Expenses: Current and future medical bills associated with personal injuries or illnesses from an accident.
• Property Damage: Costs associated with repairing or replacing any of your damaged personal property, like cars.
• Pain and Suffering: Compensation for the physical pain and emotional distress the incident has caused you.
• Punitive Damages: In extreme cases, additional damages can be sought to punish the liable parties.
• Loss of Enjoyment of Life: Compensation for the inability to enjoy and engage in previously enjoyed activities or hobbies.
• Future Damages: This can include future medical expenses, lost wages, such as a decrease in earning potential, the cost of legal proceedings, medical procedures, such as surgery, and any other costs you may incur in the future due to the injury.

Negotiating with Insurance Companies

Every role that a personal injury lawyer takes on is important, but many agree that their most vital role is negotiating with insurance companies for their clients to help them recover compensation. They know insurance company tactics and skills to navigate through them successfully. The process typically looks like this:

• Preparing and submitting an initial demand letter that outlines all the client’s injuries, damages, and desired compensation
• Engaging in back-and-forth negotiations with insurance adjusters
• Countering lowball settlement offers and providing additional information to support the client’s claim and desired compensation amount
• Advising clients on whether they should or shouldn’t accept a settlement offer

Most personal injury lawyers are well-equipped to handle the other party’s insurance company, making the process far less stressful than if you were to do it on your own. Hiring personal injury attorneys is the best way to ensure you aren’t taken advantage of and receive fair compensation.

Filing Lawsuits and Litigation

If you and your personal injury attorney can’t reach a settlement during negotiations, they might recommend that you file a personal injury lawsuit. This includes:

• Drafting and submitting all legal documents like motions and complaints
• Participating in the discovery process where evidence and information are exchanged between parties
• Representing clients in court proceedings, like pre-trial hearings and trial
• Presenting evidence to make a strong legal argument for their clients

Client Communication and Support

Effectively communicating with clients and all others involved in each case is key for a personal injury attorney. They will:

• Keep clients informed throughout the process of their case
• Explain legal concepts and procedures in a way that clients can understand
• Response to clients’ questions and concerns in a timely manner
• Provide emotional support and guidance throughout the personal injury claim process
• Offer realistic expectations regarding the potential outcomes of clients’ cases

Benefits of Hiring Personal Injury Lawyers

You have every right to handle your personal injury claim on your own, but even in the most straightforward cases, hiring a personal injury attorney can be beneficial.

Legal Expertise and Experience

Your personal injury attorney will bring a wealth of knowledge and expertise to your case like:

• In-depth understanding of personal injury law and regulation, including your legal rights
• Experience handling similar personal injury cases and anticipating potential challenges, including wrongful death cases, auto accidents, and more
• Familiarity with the local court system and its procedures
• Access to a professional network of experts who can help provide insights and testimony
• Ability to navigate complex legal dealings and issues
• Proving your personal injury damages are due to someone else’s negligence
• Letting you know if you receive a fair settlement offer
• Experience gathering evidence, such as accident reports or proof of the impact the injury had on your mental health

Maximizing Compensation

One of the main reasons to hire an experienced personal injury attorney is that they can help maximize your settlement. Good personal injury lawyers can do this by:

• Accurately valuing all the damages in your claim
• Identifying all the potential liable parties and sources of compensation
• Building a strong and compelling case that’s supported by expert testimony and strong evidence
• Negotiating with insurance companies and opposing counsel
• Taking your case to trial if an insurance company refuses to offer a fair settlement

Reducing Stress and Burden

Dealing with the status of your insurance claims on top of all your medical expenses and other things you have going on can be incredibly stressful. A personal injury attorney will be there to alleviate some of that stress by:

• Handling all aspects of your legal claim so you can focus on your recovery
• Managing communication between insurance companies and other parties involved
• Providing guidance and support throughout the process so you have less uncertainty and stress regarding the complex legal system
• Ensuring that all the paperwork is completed accurately and submitted on time

Leveling the Playing Field

Regardless of which insurance company you’re dealing with, you have to remember that they’re a business. They have a team in place to help minimize their liability and reduce payouts. Working with a personal injury law firm will help level the playing field by:

• Giving you experienced attorneys to counter tactics of opposing counsel
• Offering their investigative services
• Ensuring that your rights are protected throughout the legal process

With a knowledgeable attorney on your side, you can assert your rights and pursue the compensation you deserve without settling for less.

When to Consult a Personal Injury Attorney?

It’s highly recommended that you consult with a personal injury lawyer after any accident; there are a few situations where looking into legal representation is even more beneficial.

After Any Accident Causing Injury

Besides seeking medical care, the best thing you can do for yourself after an injury is consult with a personal injury lawyer. The sooner you have a lawyer for your personal injury case, the higher the chance of a positive outcome. An early consultation will help you:

• Understand what your rights and potential compensation avenues are
• Preserve evidence before it’s destroyed or lost
• Avoid making statements to insurance companies that could be used against you
• Ensure that you meet all the deadlines for filing a claim or lawsuit
• Get guidance on the appropriate medical treatment and how to document your injuries

Most personal injury attorneys, including Rosenfeld Injury Lawyers, offer free, no-obligation consultations. So, there’s no harm in getting legal advice about your situation before choosing to move forward.

When Facing Challenges with Insurance Companies

As you navigate through your personal injury claim, you might run into challenges with insurance companies or discover your claim has been denied. When this happens, you should always consult with an experienced personal injury lawyer. They can help you:

• Gather additional evidence to support your claim
• Understand the reasons for the claim denial or low settlement offers
• Negotiate more effectively with insurance companies and their adjusters to obtain a fair settlement
• Navigate the appeals process when personal injury claims are denied
• Determine if you should file a lawsuit to protect your rights and pursue compensation for your injuries

Having a personal injury attorney on your team will help you avoid falling victim to insurance adjusters’ tactics. They’ll be your strongest advocate and ensure that a settlement covers your medical expenses and other damages.

Consult a Personal Injury Lawyer!

When you’ve been injured because of someone else’s negligence, you have the right to pursue justice and seek compensation. Don’t wait to seek legal help. Rosenfeld Injury Lawyers is here to guide you through the personal injury claims process while protecting your rights every step of the way.

Many personal injury attorneys work on a contingency fee basis, so you don’t have to worry about upfront legal fees. Instead, legal expenses are deducted from your settlement, so we don’t get paid unless we win.

Our dedicated Chicago personal injury lawyers have experience handling all types of personal injury cases. From car accidents to workers’ compensation to medical malpractice, we’re prepared to help you reach a fair settlement that reflects the damages incurred. Call us today at (888)-424-5757 or visit our website for your free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.