Responsibilities of a Personal Injury Attorney
Just imagine you have been hurt in a car accident without you being at fault! What will you do next? How will you pay your medical expenses? How will you deal with insurance companies? How will you seek compensation for the loss? Well, the solution is hiring a personal injury attorney! A personal injury attorney provides assistance and representation in cases such as car accidents, construction accidents, slip and falls, and a lot more. He will seek justice for you if you suffer owing to the negligence of another person! But how can he help you?
Let’s take a look:
Collecting Evidence
Be it a car accident, liability case, or a slip and fall case, a personal injury attorney will leave no stone unturned in finding out the evidence related to the case. He may have to hire investigators or collect medical records; he will dig out deep to find out the hidden traces of the case to get the true picture of the incident.
Handling Insurance Cases
Personal injury attorneys play a crucial role in dealing with insurance companies. Whether you need to interact or negotiate with insurance companies, personal injury attorneys can help you in every aspect. They will go through the communication with the insurance companies to save you from all the hassles. A personal injury attorney will work towards your best interest while dealing with insurance companies.
Prepare and File Claims
A personal injury lawyer is responsible for filing complaints in the court on your behalf. He handles several pleadings and documents on your behalf so that you can have a seamless process.
Prepares the Client for Deposition
Well, a personal injury attorney will prepare and represent you at the time of deposition in the court. But the question arises what exactly is a deposition? When you give ‘sworn’ evidence, it is known as a deposition. During this process, the plaintiff and the defendant appear at a reporting office which has a generally less formal environment than a court. Both the parties are required to present the sworn evidence, facts, and figures related to the case during the deposition before the final trial. An attorney plays a major role during this process.
Represents the Clients at the Trial
If your case doesn’t get resolved during the litigation or at mediation, then you need to represent at the jury. A personal injury attorney can come to your rescue in this case! He will use his expertise and knowledge to represent you before the jury. He will help you become comfortable in the court setting so that you do not face any problem. He will easily convey your message before the jury on your behalf.
Want to hire a personal injury lawyer in North Dakota? Get in touch with Johnson & Autrey Law Firm. We have licensed lawyers who can help you in dealing with a wide array of personal injury cases. Our team will gather accurate information and rightfully handle the documentation so that you can remain at ease.
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What types of Personal Injuries can be Compensated for?
No one likes being involved in a lawsuit, especially if it involves a court trial. However, many a time, we find ourselves facing circumstances where either we are being sued or we need to sue someone.
Personal Injury cases are typical examples where the individual who is injured needs protection of rights, and receive the compensation that he deserves.
Often the victims in a personal injury case are unaware of their rights and do not fight for them.
Here’s a look at the type of injuries that can be categorized as personal injuries for which the victim is eligible for compensation:
Auto Accidents:
If you are injured in a vehicle accident due to the fault of someone else, you have a right to claim monetary compensation. The accident may be caused due to the irresponsible behavior of another driver, a passenger, or even a pedestrian, etc. Whoever is responsible for causing the accident is liable to pay the injured individual.
Wrongful Death:
A death is identified as a “wrongful death” when it occurs due to the careless behavior of another person. Some examples are deaths due to car/truck crashes, medical malpractice, workplace accidents, and many more.
In case of wrongful death, the party responsible for the death is liable to provide compensation to the family of the deceased.
Slip and Fall Cases:
An individual can file a personal injury case if he experiences an injury due to a fall on a property that is ill-maintained.
A slip and fall victim can sue if he falls due to conditions like torn carpeting, flooring changes, low lighting, etc.
One can also claim compensation if he suffers slip and fall accident if he trips on a broken sidewalk, or falls on a flight of stairs.
You have a right to file for a personal injury case if you slip and fall because of rain, snow, ice, or hidden hazards such as potholes.
Accidents at Workplace:
Personal injury cases that occur at the workplace could be due to slip and fall, hazardous workplace conditions or accidents caused due to hazardous material being used, etc.
The injured person can claim a worker’s compensation claim from the organization. The compensation can include expenses towards medical treatment, lost wages, or a lumpsum payment.
Product Liability:
If a product you purchased malfunctions and causes an injury to you, you can claim compensation from the manufacturer.
Medical Malpractice:
An injury caused due to negligence by a doctor is considered medical malpractice. The patient has the legal right to claim compensation from the doctor.
Defamation:
An individual can file a defamation case against someone who tarnishes his/her reputation. A defamation lawsuit qualifies as a personal injury case because it causes personal harm to the individual.
In addition to these, there are several other instances of personal injury where the injured person can file a personal injury lawsuit and claim compensation. Only a personal injury lawyer can guide and represent you in matters of personal injury.
Johnson & Autrey Law Firm has the best personal injury lawyers who ensure that the plaintiff they are representing gets adequate compensation.
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What you Need to Know About a Personal Injury Lawsuit?
A personal injury lawsuit is built on the premise that an injured person deserves to be compen-sated financially after he/she has suffered harm due to the irresponsible conduct of another. The injury may be caused due to the negligence or malicious intent of another individual/s. In either case, the person who suffers the injury is eligible for financial compensation.
What is a Personal Injury lawsuit?
A personal injury claim can be filed by a plaintiff if he or his loved one gets injured due to the fault of another person. The plaintiff filing the lawsuit has legal rights to get compensation on several fronts.
Personal Injury rules are applicable in:
- Accidents such as those caused due to the negligence of others. For example, car accidents, slip, and fall accidents, medical malpractice, etc.
- Intentional acts leading to injury to another person. These may be assault and battery, etc.
- Product liability claims may be filed in cases where someone is adversely affected due to a defective product provided. These could be products such as vehicle components, consumer products, pharmaceutical products, etc.
- Defamation cases also fall under the purview of personal injury lawsuits. These are filed against a defendant who causes harm to another because of his defamatory statements.
The process of a personal injury lawsuit:
- Personal Injury is identified: The defendant harms the plaintiff in some way or the other. The personal injury lawyer of the plaintiff assesses if the defendant has breached any law while caus-ing the injury.
- The plaintiff sues the defendant: The personal injury lawyer sues the defendant for compensation. There is a time limit by which an individual needs to file a personal injury case after the injury has occurred. The duration is specified according to the type of injury by the State of law.
A plaintiff can sue the defendant for compensation towards:
- Medical expenses
- Suffering caused
- Loss of workdays
- Loss of income
In addition to these, there are several other reasons for which compensation can be claimed. These could include paying for the fees of the attorney, etc. The types of claims vary from case to case.
A personal injury case can be filed against an individual, an organization, or the government.
Settlement: The personal injury lawyer takes up the case for settlement. A personal injury law-yer scrutinizes the case and decides the valid claims for a specific case. He then collects relevant supporting information to represent his client. The attorney might attempt an out-of-court settle-ment with the defendant before filing the case in a court of law.
Personal injury cases differ from other types of cases. While all other types of lawsuits are bound by specific rules and statutes, personal injury cases are argued based on previous court decisions and treatises written by legal experts. In other words, personal injury cases are assessed based on precedents.
Johnson & Autrey law firm is one of the most reliable law firms in North Dakota and Minnesota. We have a team of personal injury lawyers who are committed to the clients and ensure that he/she gets the compensation they deserve in a personal injury lawsuit.
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Why you need a Personal Injury Lawyer?
Suffering a physical injury due to the callousness of another can throw your life off-track for more reasons than one. When you are injured, you experience mental and emotional trauma. And, you also need to ensure that you get compensated adequately. This is where a personal injury lawyer steps in to take care of the legal aspects in such matters.
Personal injury law specializes in cases involving civic or private wrongs or injuries, monetary or nonmonetary damages. The injury caused may be physical or psychological. Also, cases such as breach of contract to an individual’s reputation, rights, or property and acts of bad faith come in the purview of personal injury cases.
A personal injury may be an injury caused due to animal bites, auto accidents, brain injuries, medical malpractice, accidents at a construction site, defective products, and many more.
In most cases, a personal injury lawyer pleads the case of the plaintiff to ensure that he is adequately compensated.
In personal injury cases, compensation may be claimed when a plaintiff:
- Is incapacitated to earn.
- Is unable to perform his normal duties because of the injury.
- There is pain or suffering caused due to the injury.
- There is the loss of companionship due to the injury.
- If he suffers emotional trauma.
Besides these, the party responsible for the injury is also required to cover the legal expenses incurred by the plaintiff including the fees of the attorneys.
Personal injury lawyers also protect the interest of the plaintiff in case they are victimized by insurance companies or the legal system.
To practice as a personal injury lawyer, the individual is required to pass a bar exam and a written ethics exam. Once the lawyer is admitted to the bar, he needs to ensure that he keeps himself updated in his field by taking up legal education courses.
The responsibilities of a personal injury lawyer include, but are not limited to:
- Offering legal advice to plaintiffs of personal injury.
- Filing complaints on behalf of the plaintiffs in the court of law.
- Arguing cases for the plaintiff.
- Legal documentation.
A personal injury lawyer covers the case for the plaintiff from the stage of inception to appeal. They assess the case on its merit. The lawyer then researches laws relevant to the case, gather evidence to support their plea. The preparation for the case also includes drafting pleadings, motions, etc. The lawyer also interviews and deposes witnesses to support the case.
The lawyer may try for an out of court settlement with the adversary. However, if the outcome is not favorable the case is tried in court. Before the court trial, the lawyer prepare their clients for the trial. They counsel their clients and prepare them for the cross-examination they are likely to face in court.
It is important to choose a personal injury lawyer who is licensed and experienced. You should also look for a compassionate lawyer who works ethically, and within the purview of the law.
Johnson & Autrey law firm has the best personal injury attorneys in North Dakota and Minnesota areas.
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What to Do Right After a Car Accident?
When you’re injured in a car crash, you should do some measures to defend yourself and property. The following is a list of the steps to avoid in a car accident:
1. Stop
Never speed away from an incident site, however mild.
2. Guard the Spot
Setting flares or leaving the flashers on will deter more injuries. When it’s dark, and your lamps don’t function, you should have a torch to keep you secure when standing in your broken vehicle or on the roadside.
3. Inform the police
Even without serious injuries, calling the police is a good idea. You may require a police report to lodge a lawsuit with the insurance provider, also if only to prove harm to your car. According to the Fargo car accident attorney, the crash vehicles will remain where they are unless they conflict with traffic.
4. Create A Clear Report
Make sure you inform the investigative officer(s) precisely what happened, to the best of your abilities. When you don’t know those details, inform the cop. Don’t wonder, assume, or misinterpret any truth. If you’re told if you’re hurt, and you’re not positive, you’re not aware. Sometimes, motor vehicle suffering and trauma are evident hours after the initial crash. As per Personal injury attorney Grand Forks ND, they should also verify the remarks made by other incident witnesses are correct.
5. Take photographs
Whether you have a mirror in your car or a mirror-equipped mobile phone, you can take pictures of the cars where there is a noticeable injury. When you have noticeable bruises, record them. You cannot, moreover, intervene with criminal proceedings. If you can’t film the crash site, capture photos as quickly as possible after the incident.
6. Collect information
Usually, the investigative police officer gets this detail. According to Personal injury lawyer Grand Forks ND , if the officers may not report to the crash, you can collect the identity, address including the phone number of all incident victims, drivers, and passengers. You can always access policy records by requesting to display the liability statement on all incident cars. You can collect details about the witnesses so you can reach them in the future. When police react to the crash, the investigation officer typically sends both passengers an incident identification number.
- Published in Motor Vehicle Accidents
