Personal Injury Lawyer Lowell MA helps people who have suffered losses seek compensation from the party that caused the injury. Losses range from the obvious, like medical bills and property damage, to less tangible ones, like emotional distress or loss of future earnings.
A personal injury attorney handles everything from gathering evidence of negligence to negotiating a settlement or taking the case to trial. They understand insurance companies and their teams of professionals.
Proving negligence is the foundation of most personal injury claims. The law defines negligence as a failure to act with the level of care that a prudent person would use in similar circumstances. When this failure results in injury to another, the injured party may recover compensation from the negligent party for their losses.
Several elements must be proven to successfully prove negligence. These include duty of care, breach of duty, causation, and damages. Your attorney will need to gather and present a body of evidence that supports your claim, including witnesses, documents, medical records, expert analysis and other forms of proof.
When proving negligence, your lawyer will need to show that the defendant owed you a duty of care, which is their legal obligation to avoid actions that could cause harm. When they failed to meet this standard, which is based on common sense and what a reasonable person would do in the same situation, their action or inaction led directly to your injury.
In some cases, this can be as simple as showing that the defendant ignored traffic laws or speed limits in a car accident. In other cases, it can be more complicated. For example, if the defendant is a doctor who causes injury through a mistake or inadequate treatment, your attorney will need to demonstrate that their conduct was reckless and showed an extreme disregard for your safety.
Once your attorney has established the defendant’s breach of duty, they will need to prove that this breach was the direct cause of your injuries. This requires demonstrating a clear link between their actions or inaction and your injuries. It is not enough to show that their breach of duty caused your injury; you must also demonstrate that the defendant’s failure to act was a direct cause of your injuries and your losses.
The experienced New York personal injury lawyers at Brown Chiari LLP will help you build a strong case to secure the compensation you deserve. They prioritize recovery over profit, combining thorough investigation with advocacy to support their clients through every step of their cases. Their team has decades of experience, significant verdicts and settlements, and a client-centered approach that sets them apart.
Filing a Claim
When a person sustains injuries and quantifiable damages as a result of another party’s negligence, they can file a personal injury claim. A lawyer can help with determining what type of negligence caused the accident and which parties are liable for an injured victim’s losses. Several types of accidents lead to personal injury claims, including car crashes, falls, medical malpractice, defective products, and work-related injuries.
A personal injury lawyer will work with insurance companies on the injured plaintiff’s behalf and will prepare a written demand for compensation. This document will narrate the accident specifics, the injuries and damages suffered, and the amount requested in compensation. This is a key step, as it will be the first thing a defendant’s insurance provider sees, and can make or break an initial settlement offer.
In addition to writing the demand, a personal injury attorney will review any and all applicable insurance policies and obtain copies of those policies. This will include the injured individual’s own personal injury protection (PIP) policy and their defendant’s insurance coverage, which can be used to cover medical bills or other accident-related expenses in the event of a lawsuit victory.
Throughout the duration of treatment, injured individuals should keep track of all medical providers visited, out-of-pocket expenses incurred, and any dates that they were forced to miss work as a result of their injury. This information will help ensure that all possible expenses, referred to as special damages, are properly compensated in the case of a successful settlement.
A legal professional will also assist with calculating the overall impact of an injury on the life of a claimant, including any lost income or benefits, pain and suffering, loss of consortium and/or quality of life. This is a vital piece of information when attempting to negotiate a settlement with an insurance company, and an experienced injury lawyer will have the knowledge and experience to help increase the chance of successfully getting maximum compensation for damages.
An experienced injury lawyer will also have the skills to go up against a large insurance company and their lawyers in court. A lawsuit can be costly and lengthy, and may involve reliving traumatic events that have lasting emotional impacts. However, for those who have sustained severe or catastrophic injuries, a lawsuit may be the only way to get fair and full compensation for their injuries.
Negotiating a Settlement
The goal of a personal injury case is to hold the responsible party accountable for causing an accident and to recover compensation for damages such as medical bills, lost wages, and the overall impact the incident has had on your life. However, bringing a personal injury claim to a successful resolution can be difficult without the help of an experienced attorney.
One of the most important things a personal injury lawyer can do is to accurately assess a client’s damages and negotiate for a fair settlement. This can be done through a variety of tactics, including providing expert testimony and evidence of accident-related losses to push for higher settlements.
In addition, a qualified personal injury attorney will have extensive knowledge of the laws and statutes that govern your specific jurisdiction, which can provide insight into the potential value of your claim. They will also have a keen understanding of how courts in your area have ruled on similar claims, which can help them build a strong argument to win you a fair settlement.
Before beginning negotiations, a personal injury attorney will organize all the relevant documentation and evidence clearly, which can include medical records, police reports, witness statements, and proof of your damages. They will then use this information to develop a proposal for an initial settlement amount that is both reasonable and takes into account the type of awards juries in your jurisdiction have made in previous cases.
Once a proposed settlement amount has been determined, the personal injury lawyer will submit it to the insurance company for review. The insurer will typically then respond with a counteroffer, and they may even deny liability altogether. Ultimately, both parties will settle on a figure and sign a document called a Release that stipulates they won’t pursue legal action in the future for the same incident.
The good news is that, on average, only 4% to 5% of personal injury cases actually go to trial, so there is a very high chance that you will end up with a favorable settlement offer. However, if the insurance company is not willing to negotiate in good faith, your attorney will be prepared to file suit in court to defend your rights.
Going to Trial
Although a trial is the highest-profile phase of a lawsuit, most personal injury cases are settled well before this point. Often, this is done through pretrial methods like arbitration and mediation. This is not a bad thing; in fact, it helps to avoid the lengthy and unpredictable litigation process. But when the insurance company refuses to offer a fair settlement, it may be necessary to take your case to trial.
A good personal injury lawyer can help you determine whether it is worth fighting for a larger compensation award through trial or if it would be best to settle your claim. It is important to consider the total amount of your damages including medical bills, lost wages, future suffering and other related expenses. Once you have decided to pursue a trial, your attorney can prepare your case by submitting a demand letter to the insurance company. This document includes all relevant details and a dollar amount that you believe the insurance company should pay to settle your claim. The insurance company will then review this document and make a counteroffer.
During the discovery process, your legal team will gather and share information with the defendant and their attorneys. This will likely include medical records, police reports, witness testimony and expert witnesses. The plaintiff may also introduce physical evidence such as camera footage or photographs of the accident scene. Depositions are another important part of the discovery process. Here, you will give sworn testimony and answer questions from the defendant’s lawyers.
After both parties have had an opportunity to present their case and challenge evidence from the other side, closing arguments will be made. This is a chance for each party to sum up the case in a way that is favorable to their position. The judge or jury will then decide the outcome of your case.
Choosing to go to trial is always a gamble, but it can be the only way to get the compensation that you deserve for your injuries. A qualified Alpharetta personal injury attorney can help you evaluate the strength of your case and determine if it is worth taking to trial.