Should you consider Personal injury law firms for your case in St. Francis MN?
WHY YOU SHOULD CONSIDER HIRING A PERSONAL INJURY LAWYER When an attempt to file a case for personal injury is made without legal representation, the plaintiff should take into consideration that the defendant he is making the claim against will have experienced attorneys working and fighting on their behalf. The Insurance Research Council conducted a study in 1999 that indicated the average person will receive a settlement three and a half times larger when represented by a personal injury attorney than when presented without representation.The litigation process is often too complicated to handle alone. If a person seeking to file a claim is not knowledgeable of the law or if the case takes an unexpected turn and gets out of hand, he may consider hiring a personal injury lawyer that can evaluate every aspect of his claim and fight for all justifiable financial compensation owed to the victim.
The Settlement Process for a Personal Injury Claim
As a personal injury attorney, I see car accident cases everyday. For me, and others like me, the process of handling such a case is not overly complicated -- after all, this IS what we do for a living.But for most people, being in an accident, and more specifically, being injured in an accident, can be stressful and overwhelming. Should you call an attorney? Should you talk with an insurance company? What do you do about medical bills piling up?Let's assume for the purpose of this article, that we have a rear end collision involving two cars, and that the Plaintiff (the person who was rear ended) suffers a neck injury, and hires an attorney. Let's also assume that the Defendant (the person who caused the accident), is insured with Company X.From the Plaintiff's standpoint, the focus should be on his or her health. Getting medical treatment and working to get back to pre-accident condition is the most important thing, regardless of the case or any other factors. I always tell my clients to focus on getting well, and let me worry about the legal issues -- that's why they hired me in the first place. Once the Plaintiff reaches maximum medical improvement (a fancy and lawyerly way of saying they're injuries are better) it's time for the attorney to really dig in and get to work. The attorney will have already notified the Defendant's insurance company, Company X, that the attorney represents the Plaintiff. There might have been some other preliminary work that could have been done while waiting on the Plaintiff to receive treatment and get well. Once the Plaintiff is released from medical treatment, the attorney will gather the Plaintiff's medical records and bills. lost wage documentation if the Plaintiff missed work, and any other documentation he thinks will be helpful to proving the Plaintiff's case.Once all of the documentation is received, the attorney will organize the information in a way that makes it paint a narrative of what the Plaintiff has been through. In my practice, I like to include a cover letter, which summarizes the medical treatment the Plaintiff received, lists the medical bills incurred, and explains any other relevant information that I think will be helpful to the case.This information is reviewed with the client for accuracy, and then forwarded to Company X, the Defendant's insurance carrier to be reviewed by a claims adjuster. Typically, the adjuster for Company X will review the information received, place a value range on the claim, and contact the Plaintiff's lawyer to make an initial settlement offer.The attorney will relay this offer to his client, and begin a series of negotiations with Company X with the hopes of being able to reach an agreement. If the two parties are unable to reach an agreement, the lawyer can file a lawsuit against the Defendant directly, and push the case into litigation.If the parties are able to reach a settlement agreement, the company will pay a lump sum of money in exchange for a release. Most injury settlements are full and final, meaning the is no consideration for payment of future medical expenses, and the insurance company is not obligated to pay the Plaintiff any other forms of compensation in the future.The money is generally sent to the Plaintiff's lawyer to be disbursed. The lawyer will deposit the money into his Client Trust Account, provide his client with a detailed accounting of where the money should be disbursed, and have the client sign off on the disbursement before releasing the funds. These funds will go to pay the lawyer, pay the medical expenses, and of course, pay the Plaintiff. Of course, this is just a general overview of the big-picture process that most attorneys go through when handling a car accident case, but every case is different.So with all of this in mind, why do you need a lawyer?As a former insurance adjuster, I can tell you that insurance carriers pay more money to people who are represented by an attorney, which hopefully leads to you receiving more money in the end (yes, even after the lawyer takes his fee).Secondly, everyone has heard the phrase, "Everything you say can and will be used against you... " and although that phrase is usually associated with criminal charges, it is still very relevant to personal injury cases. Insurance adjusters are master negotiators, trained to solicit information from you, and then use that information to save their companies money by paying you as little as possible on your case. A lawyer becomes your voice against the insurance company, and good lawyers know how to effectively communicate without compromising issues on your case.If you've been injured in an accident, err on the side of caution and consult with an attorney about your rights before talking with the insurance company.
Choosing a Personal Injury Lawyer - What to Look For
For example, Personal injury law firms – manufacturers and/or distributors have a legal duty to not allow dangerous or harmful drugs to enter the market. Settlement Negotiations If there is obvious evidence to all parties involved that the Defendant breached his contractual duty, then the defendant may opt to settle the matter outside of court by offering monetary compensation to the plaintiff in order to prevent the plaintiff from filing a lawsuit against the defendant. If the plaintiff does not agree to the defendant’s offer, he may pursue in litigation. A settlement can be offered and negotiated after suit is filed at any time until a verdict is announced by a jury or court. Plaintiff Files a Lawsuit Against the Defendant When the plaintiff initially files a case, he must be prepared to state what the legal basis of the claim is and what type of remedy he wishes to seek in compensation for his injuries. The Defendant Files an Answer to the Plaintiff’s Claim The defendant must answer after being served by some type of official (usually a sheriff or a process server) within a certain period time.
What Is a Personal Injury Attorney?
Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to retaining a personal injury lawyer, you should seek professional assistance.Personal Injury Lawyers: who are they? A personal injury lawyer in Toronto is trained to represent (e.g. individuals, corporations, partnerships, etc.) involved in a civil dispute. Toronto lawyers are called to the bar in Ontario, which means they are learned in and can practice virtually any type of law anywhere in Ontario. In civil cases, unlike criminal cases (where the state or government is the party that is prosecuting an accused person), one or more parties sue each other and the state is typically not a party to the proceedings. What Personal Injury Lawyers can do for you. Some of the things which personal injury lawyers can assist you in include (but are not limited to) the following:1. Determining and advising you on your rights and whether you have a claim (e.g. for damages, for declaratory relief, for an injunction, for equitable remedies, etc.).2. Explain the civil law process from the time you believe a claim arises through to trial, and finally to a court order and (perhaps) appealing a court order (if it gets there).3. Negotiating with the opposing counsel to reach a settlement.4. At trial, challenge witness' credibility and testimony.5. At trial, present expert evidence in the form of expert testimony and reports that are favourable to their client.6. At trial, point out past cases (called precedents) that are in their client's favour and draw analogies and parallels, while trying to distinguish unfavourable precedents.7. At trial, protect their clients from answering inappropriate or irrelevant questions (e.g. questions that would tend to self-incriminate a party, questions which have nothing to do with the trial, or questions which makes the party give testimony which they are not competent or otherwise qualified to give, etc.).The onus of proof In Ontario civil trials, parties must generally establish the elements of their case on a balance of probabilities. This means 50% + 1 %. Hence, to establish that a party was negligence or breached a contract, it must establish that that party was more likely than not to have done so. If, however, the elements of the offence are established, then a judge or jury may still find no liability or reduce damages accordingly if the other party had some type of justification or excuse (e.g. undue influence, duress, etc.). When to consult with or hire a Personal Injury Lawyer? Immediately on becoming aware of the fact that you have been injured or suffered damages, you should consult with a personal injury lawyer. They can help take away your stress by explaining the law (e.g. your rights, your obligations, your entitlements, etc.), helping to formulate a proper strategy, and telling you about how the civil law process works from start to finish. Again, if you need legal advice with respect to retaining a personal injury lawyer, you should seek professional assistance.