What Does a Personal Injury Lawyer Do?

Our justice system has two main categories: criminal and civil. A single case can often end up in both categories, but it would be tried in different courts. When seeking compensation for a personal injury, that would become a civil matter. However, before it reaches that stage, there are many outcomes that can be fair to the victim. This is where the support and guidance of a personal injury lawyer is vital.

Types of Personal Injury Cases

A personal injury lawyer deals with tort law. The Congressional Research Service defines tort law as “the body of rules concerned with remedying harms caused by a person’s wrongful or injurious actions.” The following are some common examples of personal injury cases:

• Car, motorcycle, and truck accidents
• Pedestrian injuries
• Nursing home abuse
• Medical malpractice
• Slip and fall accidents
• Workplace injuries
• Wrongful death
• Construction accidents
• Product liability
• Deciding on Compensation

A personal injury claim or lawsuit has as an aim to secure compensation for an injured party’s damages. That compensation needs to cover all the economic and noneconomic losses that the individual suffered due to the accident or mistreatment. A personal injury attorney will correlate all the tangible bills, such as medical expenses for a trip to the ER after the accident, follow-up visits to the doctor, prescriptions, medical devices, transportation, and more.

Economic damages also cover lost wages during the recovery from the accident. It can also include future wages if the accident leaves the victim incapable of returning to work. There might also be property damage that needs to be compensated for.

On the noneconomic side are the costs associated with pain and suffering. Those would be the value of how much the injury has disrupted the victim’s life. The idea is to try to make them whole again as much as possible. You can expect any experienced personal injury lawyer that you work with to know how to calculate all of those damages and present them to an insurance company or jury as fair and justified.

Accident Investigation

Many personal injury attorneys work on a contingency fee basis. That means they only get paid if they help a client achieve a successful outcome. To reach that outcome, the attorney will thoroughly investigate all aspects of the accident.

At first, they will look at the general overview of the incident to determine the merits of the case. If there is a strong enough indication to move forward, they will do a deep dive into what happened.

You can count on any competent personal injury attorney in Bozeman to gather all relevant evidence, including the following:

• Police report
• Witness statements
• Photos and videos of the accident scene
• Traffic camera video (if available)
• Medical reports
• Employment records
• Friends and family affidavits
• Property damage reports

Negotiate With Insurance Companies

One of the many essential skill sets an experienced personal injury lawyer possesses is the ability to negotiate with insurance companies. That begins with reviewing a client’s policy and understanding the maximum and minimum limits of what the insurance carrier might be obligated to pay out.

Once they have an understanding of the policy and a number for the compensation and you’re done treating for your accident-related injuries, your attorney will send out a demand letter to the insurance company. It will outline your narrative of what happened, the injuries it left you with, and what you’re asking for.

At this point, your attorney will be handling all communication with insurers on your behalf. Your lawyer will let you know about the response to the demand letter and discuss any counteroffers with you that you may want to make.

There might come a point in the negotiations where your attorney will reach an impasse with the insurance company. If they are unwilling to come up with a fair resolution, your attorney might recommend proceeding to trial.

Going to Trial

Suppose you agree that a lawsuit is the best way forward. In that case, your attorney will file an official complaint with the court and begin to prepare your case for trial. Sometimes, filing a formal complaint will spur the insurance company to make a new settlement offer in a last-ditch effort to avoid the case going to trial. You can still reject their offer if it’s unfair, though.

In preparation for the trial, your attorney may conduct depositions with witnesses, including other motorists involved in the accident. They might also work closely with expert witnesses who may be able to provide testimony and aid with the creation of illustrations and animations used at trial.

Support at Every Step

If you find yourself injured in an accident due to someone else’s negligence, you owe it to yourself and your family to discuss what happened with the team at Western Justice Associates, PLLC. We have combined decades of experience in supporting Montana residents like you at every step of a personal injury claim. Our potential work together begins with an initial free consultation where we can discuss what happened. Call to set up that meeting with our personal injury lawyers in Bozeman today.