What Does an Injury Attorney Do? An injury attorney is a lawyer who assists accident victims navigate the maze of legal procedures and insurance terminology. For instance, injury lawyers can assist victims with obtaining medical bills and other documents that justify damages in cases involving defective products or negligent handling. Lawyers for injury will investigate the matter by interviewing witnesses and hiring experts to back up a claim. They will then file a lawsuit against the party responsible. Liability Analysis When handling a personal injury case, an attorney should be able analyze the unique circumstances of each client to determine the kind of compensation they are eligible for. In most cases, a victim will be entitled to reimbursement for two kinds of losses that are non-economic and economic. Economic damages are the repayments of an individual's out-of-pocket expenses such as medical bills or lost wages, while non-economic damages feature repayments for less tangible losses like mental anxiety, pain and suffering and reduced enjoyment of life. An injury attorney needs to gather lots of evidence to determine the amount of compensation a client could be entitled to. They also need a thorough analysis of the law. This involves analyzing California laws as well as applicable statutes and legal precedents. It also involves consulting with experts and analyzing medical causation, which is the determination whether a person's injuries and limitations were caused by a specific accident or are instead the result of an existing condition or. This information can be used by an injury attorney to negotiate a settlement or make a claim. Preparation for Trial Preparing for trial can be an extended and complex process. As trial gets closer, legal teams examine evidence, develop their theory of the case, and create a compelling argument that will best explain their theories to a jury. During the trial preparation process attorneys will determine and schedule witnesses for depositions and prepare them for interrogated. They will prepare briefs to be used in anticipation of arguments on the substantive side from the opposing side. A trial binder will also be made to house the witness outlines, exhibit lists as well as questions and pertinent laws and cases. It is important to keep in mind that the team of the defendant will do everything possible during trial preparation to challenge and discredit your claim and to prove that you haven't been injured as much as you claim. It is possible to hire private investigators who will observe you and make notes that can be used at your trial. It is important to be aware of your surroundings and follow the instructions of your doctor at all times. You will want to select an injury lawyer who is a member of a national or local organization of lawyers that specialize in representing injured persons during the process of preparing for your trial. These organizations offer continuing legal education classes and engage in lobbying to improve the rights of those who suffer from injuries. The process of negotiating a settlement After reviewing and gathering the evidence, your lawyer will prepare a settlement demand. The request will be sent to the insurance company, along with any supporting documentation that can support your request. This is usually the first step of the back and forth negotiation process. Insurance companies will try to deny or reduce any settlement request you submit, which is why it's essential to consult with an experienced attorney. Your attorney will be able to tell you if it is in your best interests to file a court case when the insurance company doesn't agree to an acceptable settlement. If the insurance company offers a settlement that is not sufficient to cover your medical bills and other expenses, your injury attorney can negotiate a counteroffer on behalf of you. Your attorney will take a careful look at your losses to make sure they are reflected in all expenses you have suffered and will include future medical bills and lost wages. Many people who settle for an early settlement, without the guidance of an attorney are disappointed when they discover that the settlement did not meet their needs. Making a decision too quickly is a bad idea. Your lawyer will ensure that your settlement agreement exempts any liable parties and includes language to protect against possible health insurance, Medicare, or Medicaid lien issues. They will also negotiate for a speedier settlement payment. Filing a Lawsuit If an insurance company is unwilling to offer a fair settlement or the plaintiff is unable reach a satisfactory settlement with the defendant, it could be necessary to file a suit. An injury lawyer can assist in all aspects of lawsuits, from the initial consultation until the final decision. The injury attorney will first review the facts and determine if your case meets the legal requirements to file a personal injury claim. They will collect evidence like medical records, eyewitness accounts police reports, and more. They will also examine documentation from all the parties involved, including insurance companies. After looking over the evidence, your attorney will draft a written complaint which will explain how the defendant's actions led to your injuries, and what remedies are sought. The complaint will outline tangible losses such as property damage and medical expenses as well as other non-tangible losses such as pain, suffering, and disfigurement. The complaint will also include any punitive damages meant to punish defendants for their negligence. Your injury lawyer will compare monetary awards from similar cases to determine the value of your case. Once they have completed this process, they will discuss an agreement to represent you, should they choose to accept your case. If they do not they will let you know why so you can make an informed decision regarding the next steps.