When you have been injured by another person’s negligence or recklessness–like in a car accident–a personal injury attorney will serve as your most important tool when negotiating a settlement and fighting to obtain compensation. After you suffer an injury, there are many decisions that need to be made quickly in order to ensure that your rights are fully exercised under the law. For example, did you know that most states have a statute of limitations for filing a personal injury claim?
While you are focusing on recovering from your injury, here is what a personal injury attorney will be doing to ensure you receive what you are owed:
Gather the Facts
Immediately following an accident, a personal injury attorney will gather all of the facts surrounding the cause of the accident to determine who was at fault and what kind of compensation you may be eligible to receive. The attorney will also examine whether you contributed to the accident at all, and will be honest with you regarding your chances of settling or winning a case. Most personal injury attorneys take cases on a contingent fee basis, meaning that they will only get paid out of the compensation you receive.
File the Claim
After your attorney gathers all of the facts and your damages are determined, the attorney will file a claim on your behalf. Typically, a claim is first made to an insurance company to negotiate a settlement. Attorneys are useful during this part of the settlement process because they more fully understand how much you may be able to obtain from an insurance company based on your injuries. Legal representation makes the threat of a lawsuit viable if an insurance company does not come up with a compensation package that is fair to the person injured.
Representation in Court
If a settlement between the two sides is not reached, your personal injury attorney will represent you in court. In addition to ensuring that all of the procedures and filings are done according to the rules of the court, your attorney will put together evidence showing that the defendant in your claim was the responsible party. This can, for example, take the form of testimony from eyewitnesses or expert witnesses.
It is also important to note that personal injury attorneys must follow a strict code of legal ethics when working with clients. The Colorado Rules of Professional Conduct can be found here. Among other things, these rules ensure that your attorney will competently represent you and will be loyal to you throughout the time he or she is your representative.
After there is an agreement on compensation, your personal injury attorney will arrange for you to receive your compensation, pay all associated court fees, and retain a fee for services provided.
If you would like more information on how a personal injury attorney at McCormick & Murphy can help in your case, contact one of our lawyers today. With over 20 years of personal injury experience, we are confident we can help you obtain the settlement you deserve.May 10, 2014 | Personal Injury FAQs