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What Does an Injury Attorney Do? An injury attorney is a lawyer who assists accident victims navigate the maze of legal procedures and insurance terminology. Injury lawyers can aid victims in obtaining medical bills and other documentation to show damages when dealing with cases involving defective products or negligence. Injury attorneys will investigate the matter by interviewing witnesses and hiring experts to prove the claim. injury attorney miami gardens will then start a lawsuit against the party responsible. Liability Analysis In the event of a personal injury case, a lawyer must be able to assess each client's unique situation to determine the type of compensation they are entitled to. In the majority of cases, a person may be eligible for reimbursement for two kinds of losses which are economic and non-economic. Economic damages cover repayments for a person's out-of-pocket monetary expenses such as medical bills and lost wages, whereas non-economic damages feature repayments for less tangible losses such as mental suffering, anguish and reduced enjoyment of life. To determine what compensation the client is entitled to be compensated, an injury attorney must collect a significant amount of evidence and do a thorough legal analysis. This includes analyzing California law as well as applicable statutes and legal precedents. It also involves talking to experts and analyzing medical causation which is the process of determining whether a person's limitations and injuries were caused by an accident that was caused by the person or are the result of an existing condition or age. This information is then used to aid the injury attorney negotiate or file a lawsuit. Preparation for the Trial Preparing for a trial may be a lengthy and difficult process. As the trial nears the legal team members collect evidence, formulate their theory of case and write an engaging narrative to present their theory to a jury. During the trial preparation process attorneys will determine and schedule witnesses for depositions and prepare them to be interrogated. They will prepare briefs in anticipation of arguments on the substantive side from the opposing side. A trial binder is also constructed to hold the witness outlines, exhibit lists and questions, as well as pertinent case law and statutes. It is important to remember that the defense team of the defendant will be doing all they can during trial preparation to attack your claim and prove that you are not as injured as you claim to be. This includes hiring private investigators who will follow you and document things they can use during your trial. It is crucial to remain aware of your surroundings and follow your doctor's directions at all times. You will want to select an injury lawyer who is part of a national or a state association of lawyers that specialize in representing injured people during the process of preparing for your trial. These groups offer continuing legal education and lobbying in order to increase the rights of those who suffer from injuries. The process of negotiating a settlement After reviewing and analyzing the evidence in your case the lawyer will prepare the settlement request. This is sent to the insurance company, along with any supporting documentation that support your request. This is usually the start of an exchange of information process. Insurance companies may try to minimize or dismiss the settlement request, therefore it is important for you to be represented by an experienced attorney. If the insurance company refuses to offer a reasonable amount, your attorney will suggest whether it would be beneficial for you to pursue a trial. Your lawyer for injury can draft a counter-offer if the insurance company's settlement isn't enough to pay your medical bills and other losses. Your lawyer will take a careful look at your losses to make sure they cover all expenses you've incurred as well as future medical expenses and lost wages. Many people who accept early settlements without the assistance of an attorney are disappointed when they discover the amount doesn't fully meet their needs. Making a decision too quickly is not a good idea. Your lawyer will make sure that your agreement releases the liable party and contains clauses to protect you from potential health insurance, Medicare or Medicaid lien issues. They will also help you negotiate a faster settlement payment. Filing a Lawsuit It could be necessary for a plaintiff to file a lawsuit if an insurance company is unwilling to offer a fair settlement or if the plaintiff and defendant are unable to come to an agreement. A personal injury lawyer can help in all aspects of the lawsuit, from the initial consultation through the final decision. The attorney for injury will look over the facts and determine whether your case satisfies the legal requirements required to file personal injury claims. They will collect evidence such as medical documents, eyewitness reports, police reports and much more. They will also look over documents from any parties involved, including insurance companies. After they have reviewed the evidence, the attorney will prepare a complaint detailing the manner in which the defendant's conduct caused your injuries and what remedies you are seeking. The complaint will describe tangible losses, such as medical expenses and property damage and tangible ones like pain, suffering, and disfigurement. It will also list any punitive damages, which are intended to penalize the defendant for their gross negligence. Your injury lawyer will also examine the amount of monetary awards awarded in similar cases to determine the worth of your case. After they have completed this phase, they will discuss with you a representation agreement should they choose to accept your case. If they do not, they will explain why so that you can make an informed decision about your next steps.