By Mitch Rice
Personal injury cases require an advanced understanding of applicable laws and how the cases proceed. An attorney is familiar with strategies to get fair settlements and can negotiate with defendants and insurers. By allowing an attorney to manage the case, the victim could receive a fair settlement offer or monetary award through the court.
A Better Understanding of Your Case
An attorney practicing in personal injury law understands all cases within their areas of practice. The lawyers can review cases and determine if the victim has a viable claim based on the evidence that’s available. When negotiating a settlement for a client, the attorney takes into consideration the strength of the case and all the evidence. The settlement offer must reflect the sum total of all financial losses incurred by the victim because of their injuries and the event that caused them. Claimants may consider hiring an attorney to evaluate their case before getting started.
Low-Ball Settlement Offers
Low-ball settlement offers are not fair or reasonable, and the offers are often insulting to the claimant. Many insurers who provide attorneys to protect defendants in the cases make attempts to decrease the settlement as much as possible. For example, manufacturers have product liability coverage, and their insurer will provide a settlement for a victim who is injured while using the company’s products. However, whenever possible, the insurer will try to avoid going to court and try to keep the payout to a minimum.
Attempts to Get An Agreement From You
A common strategy in a personal injury case is to make attempts to contact the victim directly. The insurer, an attorney, or even the defendant themselves will try to get the victim to agree to a small settlement by tricking them on the phone or by sending documents to the victim’s home.
All attorneys recommend that the victim allow all communications with these individuals to be directed to the attorney’s office. If a victim agrees to anything, it could derail their chances to get any compensation through the court system and could result in any further legal efforts being thrown out.
Avoiding A Trial
Many defendants will follow any strategies possible to keep the case out of court. For many defendants, a personal injury case that goes to court becomes public and could damage their credibility in the public eye. For this reason, the defendant will attempt to settle out of court. An attorney is helpful when this happens and prevents the defense from reaching any agreements directly with the claimant. An attorney understands how to negotiate with all parties involved.
Obtaining Non-Economic Damages
Non-economic damages are not based on financial losses, but they pertain to physical or emotional losses. If a victim loses a limb or organ function, the results are detrimental to the person’s mental health, causes pain and suffering, and may lead to death. These damages are a monetary way to punish the defendant through the civil court. If the event that caused the injuries was a crime, the defendant faces charges through the criminal court.
Personal injury cases require attorneys that understand how the cases proceed and the most effective ways to enforce the victim’s right to compensation. Under the circumstances, there are unethical individuals who will make attempts to reach low-ball settlements. By hiring an attorney, the legal representative negotiates for the victim.