What Do Personal Injury Lawyers Do to Build a Strong Case?

Personal injury cases involve complicated issues of law and fact. Building a strong case requires knowledge of injury law and experience dealing with insurance companies and courts. What do personal injury lawyers do to build a case? A case requires strong evidence and legal arguments to persuade a claims adjuster or jury to compensate the injured person for their losses.

Case Evaluation

Your case will typically start with a free consultation with the injury lawyer. During this meeting, the prospective lawyer will objectively evaluate the case. The lawyer will educate you about personal injury law and analyze the value of your case. The attorney explains the strengths and weaknesses of your case so you can make informed decisions about pursuing your claims.

What types of cases do personal injury lawyers handle? Every lawyer approaches injury law differently. Some cover a range of cases, including the following:

• Car accidents and other traffic accidents involving pedestrians and bicycles
• Nursing home abuse and neglect
• Premises liability incidents, such as slip and fall accidents
• Medical malpractice
• Product liability
• Wrongful death

These cases share some common features, such as a bodily injury to the victim and legal claims based on negligence, intentional tort, or strict liability.

Bringing Together Evidence and Preserving It Appropriately

The injured person bears the burden of proof. Your lawyer might gather the following evidence to prove your case:

• Medical records
• Financial documents
• Accident reports
• Photos and videos of the accident and the accident scene
• Eyewitness statements
• Expert witness reports

Your lawyer must preserve this evidence to establish that no one tampered with it. For example, the lawyer will document the chain of evidence for any photos you provide.

Collaborating With Professionals

Eyewitnesses testify about their perceptions, like hearing brakes squealing, smelling burning rubber, and seeing a collision. By contrast, expert witnesses give opinion testimony.

For example, an expert witness can examine pieces of a broken machine and testify that it broke due to a manufacturing defect and not misuse by the victim. Your lawyer collaborates with these experts to identify key issues where they can help your case.

Proving Liability Under Personal Injury Law

Liability in an injury case can rely on three legal theories. Negligence is the most common theory. It arises when a party owes a duty of care but fails to live up to it. For example, failing to stop for a pedestrian in a crosswalk usually constitutes negligence.

Intentional torts prohibit parties from engaging in intentionally harmful acts. The party does not need to intend to injure the victim. But you do need to prove that the party intended to engage in an act they knew to be harmful.

Strict liability applies to inherently dangerous activities. For example, manufacturers are strictly liable for the distribution of defective products. This means you do not need to prove anything about the manufacturer’s state of mind. You only need to prove that the product was defective when the manufacturer produced it, and the defect caused your injury.

Determining Damages

The damages you can seek include your economic and non-economic losses. Economic losses cover financial costs associated with your injuries, such as medical bills and lost income. Non-economic losses include quality-of-life losses, such as pain, anguish, and disability.

Negotiating With Insurance Companies

Most injury cases involve an insurance claim. Insurance policies cover many traumatic incidents, including car accidents, medical malpractice, and slip and fall accidents.

The lawyer files an insurance claim with documents proving your losses. The insurer can accept or deny liability. What do personal injury lawyers do when the insurer denies a claim? They can respond to the denial by submitting additional evidence or presenting legal arguments. Conversely, if the insurer accepts liability, the lawyer negotiates a settlement.

Filing Legal Documents and Meeting Deadlines

Your case has several deadlines. Some deadlines are legal. For example, Virginia’s statute of limitations sets a two-year deadline to file a lawsuit, although it may be paused in certain situations.

Before this deadline expires, your lawyer must prepare a complaint and file it with the court. The complaint initiates a lawsuit by explaining its factual and legal basis.

Preparing for Trial When Necessary

Most cases settle before reaching trial. However, some cases involve a genuine factual or legal dispute. These cases could go to trial before a judge or jury. At trial, your lawyer will present your evidence and cross-examine the at-fault party’s evidence. The lawyer advocates for fair compensation for your injury-related losses.

FAQ

What Do Personal Injury Lawyers Do When the Injured Person Was Partially at Fault?

Virginia uses a doctrine called contributory negligence. This doctrine bars injured people from recovering any compensation if they were negligent in any way. Thus, what personal injury lawyers do is fight every allegation against their clients to establish that they played no role in causing their injuries.

How Much Does a Personal Injury Lawyer Cost?

Personal injury lawyers charge a contingency fee. This fee is calculated as a percentage of the compensation recovered for you. If the lawyer loses, you owe no legal fees. If the lawyer prevails, you pay a percentage of your settlement or court verdict as a legal fee.

What Happens During a Free Consultation With a Personal Injury Lawyer?

In addition to analyzing your case, a lawyer will also answer any questions you have about their background. You should gather the information you need to make a hiring decision by asking questions about the lawyer’s experience with similar cases and the outcomes they obtained.

Contact Commonwealth Law Group to Learn How Our Personal Injury Lawyers Can Help You

You could face significant hardships with your health and finances after suffering a traumatic injury. Contact us to discuss your injuries and how we can help you pursue compensation for them.