How a Irvine Personal Injury Lawyer Can Help You
If you have been injured due to the negligence of another party and are interested in filing an injury claim, it is likely in your best interest to consult with an Irvine personal injury attorney as soon as possible to discuss your case and how to proceed. The following is information on the ways an experienced lawyer can help you. To learn more or discuss your case in more detail, call and schedule a consultation today.
Roles of An Injury Attorney
During the course of a personal injury case, the attorney will act in different roles as the case proceeds. Initially, the attorney is an investigator who uncovers the facts that transpired. Although witness statements and other evidence may be obtained by an experienced investigator retained by the attorney, this information has to be analyzed to determine how to prove the negligence of the adverse party
The attorney also acts as a counselor who listens to the client regarding what happened and the injuries sustained. The attorney then becomes a negotiator when dealing with the insurance company or lawyer for the negligent defendant.
The experienced personal injury lawyer is always acting as an advocate for the client in terms of proving the case. During the process, the attorney acts as a forensic medical specialist and scientist when reviewing the medical records of the client and retaining expect witnesses for the client. Finally, to obtain the best result and highest compensation for the client, the attorney is a trial lawyer if the case goes to trial.
Steps An Injury Attorney Will Take to Benefit You
The first steps involve investigation of the cause of the particular accident and then establishing fault or liability on the adverse defendant that you are ultimately going to proceed against. The attorney needs to review the documents and medical records from all of the injured victim’s treating doctors and hospital records and any other treatment that they received. The attorney should ultimately talk to one or more of the treating doctors depending upon who is the lead treating physician regarding the injuries.
The attorney will then present the claim by sending a notice of representation to the adverse insurance company. This involves analyzing the liability facts and presenting documents, medical records, medical expenses and loss of earnings documentation along with a demand for a certain amount of compensation to cover all of the damages of the injured client. This demand for settlement takes place after the client has completed all medical treatment. The attorney will then attempt to negotiate a settlement with the insurance company or attorney for the adverse negligent defendant.
Next Steps A Lawyer Will Take
The next step is to file a complaint prior to the statute of limitations deadline which commences the litigation process. The attorney then proceeds with pre-trial discovery which includes obtaining written answers to interrogatory questions and responses to document requests under oath. This is evidence used to prove liability and the damages of the client. Depositions will be taken under oath to prove that elements of the case. This preparation can lead to a mediation of the case where a neutral mediator such as a retired judge can assist the parties in reaching a settlement.
If the case continues, it may then proceed to an arbitration of ultimately a trial. Where in the process, the case becomes fully resolved depends on the type of case, the liability factors and damages presented by the evidence. An experienced and qualified personal injury attorney always keeps the ultimate objective in mind, which is to aggressively handle the case, in the best interest of the client, to obtain the best result and maximum compensation for the client.