You've probably caught sight of ads on billboards or TV screens for a personal injury lawyer. But now that you've been involved in an accident, you might be pondering what precisely a
personal injury lawyers in Perth injury lawyer does?
A Personal Injury Lawyer Will Investigate and Assess Your Medical Records
Your personal injury lawyer will compile pertinent details concerning your case. This encompasses information regarding your injuries as documented in medical records, x-rays, reports from physicians and medical professionals, as well as testimonies from healthcare providers. Hence, seeking medical attention immediately after an accident is crucial. When assessing the physical and health impacts of the accident, a personal injury lawyer will also contemplate the long-term ramifications, including any potential future medical issues.
A Personal Injury Lawyer Will Investigate and Evaluate the Evidence from Your Accident Furthermore, a personal injury lawyer will gather and scrutinise evidence to ascertain the sequence of events leading to the accident. This evidence is pivotal in determining which parties bear liability (i.e., responsibility) for the accident. Examples of evidence that a personal injury lawyer may analyse to establish fault include:
• Police reports
• Photographic evidence
• Video recordings
• Witness testimonies
• Expert
opinions• Medical records
• Depositions (formal recorded interviews)
A Personal Injury Lawyer Will Investigate and Assess Insurance Coverage Options
In most instances, the compensation for a personal injury case will be sourced from insurance policies, barring very rare circumstances. Determining which insurance policy applies hinges on various factors including the type, location, and circumstances of the accident. Potential policies encompass those owned by the other party (or parties) involved in the accident, your own policy, the insurance held by the property owner where the accident transpired, and the insurance of the entity responsible for maintaining the accident site. A personal injury lawyer will scrutinise the insurance coverage benefits accessible from parties accountable for the accident. Moreover, they may pinpoint additional parties capable of contributing to a settlement, entities that an individual might overlook when pursuing compensation independently.
A Personal Injury Lawyer Will Offer Legal Guidance Regarding Your Lawsuit
Your personal injury lawyer is well-equipped to offer counsel regarding your case, particularly concerning its value based on their evaluation, the available evidence, and relevant laws. They will provide a clear understanding of your case's reality, outlining its strengths and weaknesses. With your best interests in mind, a personal injury attorney will recommend a course of action that aligns with your objectives.
Given that your personal injury attorney is advising you and representing you in this matter, it's advisable not to provide any statements (recorded or otherwise) to the opposing party's attorney. Any statements you make could potentially be used against you to dispute or diminish your compensation. It's best to allow your personal injury attorney to handle all communications with other parties on your behalf.
A Personal Injury Lawyer Will Present a Demand and Engage in Settlement Negotiations
Following their comprehensive examination and assessment of the case, a personal injury lawyer will reach out to the insurance company or attorney representing the other parties involved. The personal injury lawyer will issue a demand—a formal request for settlement payment—from the other parties implicated in the accident. The amount of this demand will be determined by factors such as:
• The degree of liability attributable to each party
• The extent of the victim's damages
• The available funds under the relevant insurance policies
Typically, the case isn't resolved immediately upon making the initial demand. Instead, the parties will participate in extensive discussions regarding the case's value, the injuries sustained, the damages incurred, and each party's liability. If these settlement discussions fail to reach a satisfactory resolution, your personal injury attorney will contemplate initiating a lawsuit. This progression transforms your case from a mere "claim" to a lawsuit formally filed in court. Once a lawsuit is initiated, both parties must adhere to the legal procedures prescribed by Australian state law. This includes the exchange of evidence in a formal manner, known as "discovery." Additional evidence may be procured, such as through depositions—formal interviews recorded in audio or video format—of the involved parties. If the plaintiff and defendant(s) still cannot reach a settlement, the case will proceed to a full trial.
A Personal Injury Attorney Will Navigate the Legal Protocols
Merely having a compelling case isn't sufficient to secure a fair settlement. It's imperative that a lawyer adeptly navigate the requisite procedures to ensure you receive the compensation you're entitled to. This encompasses adhering to the protocols stipulated by all involved insurance companies for filing a claim. When negotiating with insurance firms, it's crucial to safeguard your rights effectively. If the insurance company fails to agree to a settlement commensurate with what you deserve and the case advances to litigation, both parties must adhere to the formal regulations outlined by Australia's civil procedure laws.
Australia maintains specific requirements governing the progression of lawsuits, and a personal injury attorney will guarantee that all documents are meticulously drafted in the appropriate format, containing accurate information, and submitted within stipulated timelines. Should the case proceed to trial, the adherence to legal procedures becomes even more paramount.
What qualifications does a Personal Injury Lawyer have?
A Personal Injury Lawyer (also known as a Personal Injury Attorney) has completed their college education, graduated from law school, and successfully passed the bar examination in the state where they practice. Personal Injury Lawyers are specialists in handling a particular type of case: they assist accident victims in obtaining financial compensation resulting from the negligent or intentional actions of another individual. In Australia, the financial settlement typically covers:
• Medical expenses related to the injury
• Future expenses stemming from the injury, such as rehabilitation, medications, and physical therapy
• Compensation for pain and suffering
• Certain additional costs, like travel expenses
• Loss of consortium, which affects the family dynamic, particularly in cases involving the deprivation of spousal support.
Personal injury cases arising from negligence or intentional acts are considered civil cases, not criminal. In these cases, the plaintiff, who is the victim, initiates the lawsuit against the defendant and engages a personal injury lawyer. The defendant is the individual or entity held responsible for the negligence or intentional action that led to the injury and is thus being sued. Examples of personal injury lawsuits encompass:
• Motor vehicle accidents, such as car accidents, truck accidents, and motorcycle accidents
• Bicycle accidents
• Slip and fall incidents
• Cases of medical malpractice
• Incidents involving drunk driving
• Pedestrian accidents
• Accidents related to rideshare services
• Workplace injuries
• Claims regarding defective products or product liability
• Cases involving dog bites
• Wrongful death, wherein family members seek compensation for the loss of a loved one from the responsible party or parties.