Duluth Personal Injury Lawyer helps victims navigate legal hurdles and medical access. They also know how much an accident will cost a client over the course of their lifetime.
A good injury attorney knows how to prove that an alleged at-fault party is responsible for a client’s losses. This requires building medical evidence and obtaining statements from witnesses.
A well-documented case is essential for winning compensation. This includes evidence such as witness testimony, photographs, medical records, videos, and physical debris from the accident. Preserving evidence involves taking steps to prevent it from being contaminated, damaged, or destroyed. A lawyer who specializes in personal injury can help you determine what type of evidence is most important to your case and how to preserve it.
Photographs are a crucial piece of evidence that should be taken as soon as possible after an accident, particularly any injuries you have sustained. These can prove that your injuries were directly caused by the incident and can also demonstrate their extent. A good lawyer can recommend a professional photographer for this purpose.
Written evidence should be carefully preserved in the form of notes, letters, and other documentation related to your accident or injury. For example, any official report made by the police or paramedics should be kept for safekeeping as it contains valuable information about the accident scene and possible legal violations.
Keeping a pain journal detailing emotional and physical symptoms is another way to document your injuries. This can help your attorney advocate for full compensation to cover all of your damages and losses.
A defendant has a general duty to preserve any evidence they possess that relates to a lawsuit, but it is not always fulfilled. For this reason, it is important to send a letter called a “spoliation letter” to anyone who has possession of evidence that can support your claim. In the letter, you can request that they keep the evidence in their possession and refrain from disposing of or destroying it. For instance, this might be the case with trucking companies if you are pursuing a tractor-trailer crash case.
Preparing for Trial
When a case goes to trial, the legal team will have extensive amounts of information they need to organize and present. The process of gathering and organizing this information is called trial preparation.
It begins with evaluating the evidence, creating the narrative for the case, and developing the strategy for how it will be presented to the judge and jury. Thorough trial preparation is critical because it helps to ensure the judge and jury will have a full understanding of the facts of the case.
The next step is preparing witnesses to testify and identifying any experts who may be needed to provide professional opinions. The attorney will also prepare all documentation that needs to be entered into evidence during the trial and work closely with clients to help them prepare for their testimony and answer any questions they may get from opposing attorneys.
During the trial, the lawyer will begin with an opening statement that introduces the case to the jury and establishes credibility. They will then call on witnesses and have them give their testimony through a live appearance in court or by providing written statements that are entered into evidence. The defense will then cross-examine the witnesses.
If the injury victim was injured in a car accident, for example, the defense will often have their own medical doctor examine the patient to determine whether the injuries are as severe as claimed or even real. The defense will also want to interview family members, friends, and co-workers to gain insight into the victim’s life before the accident. This is why it’s important that the plaintiff’s attorney be there to protect them from giving a damaging statement to the insurance company or anyone else.
Obtaining Expert Witnesses
Expert witnesses are necessary for personal injury cases to help provide context and background information that can be difficult for judges and jury members to understand. These experts can be called on by both plaintiff and defense attorneys to assist with evidence, research, guidance, or testimony in a case.
Unlike eyewitnesses, who can only provide their personal knowledge of an incident, an expert witness provides opinions based on their specialized experience and education. For example, a medical expert could help the jury understand how an accident victim’s injuries were caused. A mental health expert may form a psychological opinion about the impact of an accident on an individual’s mental and emotional well-being.
The types of experts needed vary depending on the type of accident or injury involved in a case. For example, manufacturing experts may be hired in a defective product case to explain how faulty machinery or equipment caused the accident and resulting injuries. Accident reconstruction experts may be used in cases involving car or workplace accidents to help the jury determine how an accident happened. Economics experts can be consulted in a loss of income case to help establish how much an injury has reduced a person’s earnings and quality of life.
When choosing an expert, an attorney should consider how believable and credible the expert is. They should also look for the expert’s track record of not being involved in disciplinary action and how long they have been licensed to practice in their field.
There are two different strategies for using an expert witness: a consulting expert and a testifying expert. A consulting expert provides information and guidance to the attorney without having to testify. They are paid on a per-hour or day basis for their time.
Negotiating with Insurance Companies
After reviewing medical records, police reports, expert testimony, receipts and bills, and other evidence, the injury lawyer will place a value on your claim. This is called establishing damages.
Damages can be broken down into many different categories: past, future, and non-economic. The past costs are usually fairly easy to calculate. The future and non-economic losses require more time, work, and research. This can include future medical expenses, loss of earning potential, and pain and suffering. The injury lawyer will consult with doctors, economists, and life care planners to get the most accurate picture of your damages.
Most injuries result in a permanent change in lifestyle and a decrease in quality of life. The injury lawyer will take all these factors into account when negotiating with the insurance company. In addition to calculating the actual cost of these losses, the injury attorney will likely also consider your emotional distress and mental trauma.
Negotiating with insurance companies is an art form in which the injury attorney will use legal sophistication and know-how to ensure that the insurance company loosens their purse strings and pays you a fair settlement.
During the settlement process, the insurance adjuster may ask you to give a recorded statement. This is common, but it can be a dangerous situation because insurance adjusters are trained to find ways to deny your claims or minimize payouts. An experienced injury lawyer will handle all communications with the insurance adjuster, and will prepare you for any recorded statements you have to give.
An important aspect of a personal injury case is proving that the accident was caused by another party’s negligence. An injury lawyer will interview witnesses, review police reports and medical records, and obtain expert witness testimony to establish causation. This can be difficult because some medical personnel believe that something is a certainty without having the benefit of a legal perspective.
Obtaining Compensation
An injury lawyer can help victims pursue justice in the form of financial compensation from the party responsible for their injuries. Victims may need this compensation to cover medical bills, lost wages, and other losses. The attorney can also work with experts, such as accident reconstructionists, to gather and analyze evidence.
The lawyer will use this information to develop a legal strategy that can best meet the client’s needs and objectives. For example, the lawyer might choose to negotiate with the insurer or to file a lawsuit in order to obtain maximum compensation. The lawyer can then explain the risks and benefits of each approach to the client.
If a lawsuit is filed, the attorney will prepare the pleadings to initiate the lawsuit. This will include a brief description of the incident, the injuries that were sustained, and the relief sought. The attorney will also respond to any discovery requests from the other side. Discovery can include requesting documents, physical evidence, and deposition testimony.
The injury attorney will negotiate with the insurance company to obtain a fair settlement for the victim. This can be difficult since the initial offer may not fully cover all of the victim’s losses. The injury lawyer can use his or her experience negotiating with insurers to secure a higher settlement offer. The attorney can also assist the victim in calculating their damages by reviewing medical records, assessing expenses and earning potential, and evaluating other forms of evidence.
