One of the biggest drawbacks in personal injuries is proving liability. Most people are not familiar with navigating the legal hurdles to qualify for compensation; hence a personal injury attorney is needed to guide them through the court system.
A simple sidewalk hazard such as cracks in the curb, an uneven walkway, or broken concrete slabs can obstruct a pedestrian’s stride. The majority of injured parties will never file a claim against the wrongful party, opting to pay expenses out-of-pocket. This is unacceptable since injuries can become a long-term occurrence.
While it may be tempting to bypass a consultation, and simply forego any mention of possible negligence, is it in the parties’ best interest? Probably not
In the majority of states, individuals are able to recover damages for negligence. The standard type of damages are compensatory and cover hospital and other medical bills, a portion of lost wages, and in many cases pain and suffering and other damages the injured party can prove. However, injured parties must supply sufficient evidence that establishes the injury was caused by negligence of someone.
The answer most often will depend upon whether a court finds that there is a duty of care to protect the public. The laws vary from state to state, but most provide protection from ordinary negligence.
If a person falls and fractures their elbow due to a broken concrete slab outside of a department store, the person has a good case of negligence against either the store or the city. The injured person will have a duty to mitigate damages; meaning, the person has a duty to seek medical treatment to try and lessen the amount of recovery. This scenario is one of the best reasons individuals should consult a lawyer.
When faced with a lawsuit negligent parties will surely challenge any statements and observations that led to an accident. Many people become sidetracked by the negligent party with a confusing defense. The person to blame takes full responsibility, so you think, and offers compensation if you agree to sign a release of liability. It is perfectly legal but are you obliged to sign away your rights when the party at-fault generously wants to help avoid a lengthy legal affair? At the very least, injured parties should consult with a personal injury lawyer in order to have the injury assessed. Individuals usually think in terms of the present without giving thought to future demands that stem from the injury.
What can a personal injury lawyer do?
An attorney will listen to all the details of the situation, analyze the case and provide the pros and cons of the legal position. After carefully reviewing the details of the case, an attorney can determine if it is better to negotiate a fair settlement or go to court.
Experienced attorney’s have in-depth knowledge of state law, including previous awards of compensatory and punitive damages, tort cases and if contributory negligence has any impact. Introducing persuasive evidence that builds a solid case will determine the outcome and this typically requires the effort of an experienced personal injury attorney.