Experiencing a serious injury due to someone’s neglect or intent is generally cause for filing a legal claim and becoming eligible for monetary compensation. With the help of a personal injury lawyer, the judicial system will be followed to determine the merit and value of the claim according to appropriate evaluation. Although the injured parties are eager for justice and meaningful compensation for their injuries and losses in the court system, there are certain things a personal injury attorney cannot do.
1. Guarantee the desired outcome.
Every victim hopes for a fair outcome to an injury claim. Most cases settle before going to trial. However, this doesn’t mean the victim will receive the judgment being sought as compensation for his or her losses. Parts of the claim may be allowed, while others may be rejected, based on the court’s determination derived from all evidence presented. The victim’s attorney usually works intently to ensure an equitable settlement for the plaintiff.
2. Litigate the case without the victim’s assistance.
Although the attorney will handle most of the work involved in filing a personal injury claim, the victim’s assistance will be needed to provide a narrative account of the facts, along with certain types of evidence, such as a chronology of events or names of witnesses and medical providers. Employer information may be needed if the plaintiff missed work due to consequences of injuries received.
3. Settle the matter quickly.
Everyone involved in a personal injury case generally would like to settle the matter quickly. The sooner it is resolved, the less expensive the process becomes, saving time, money, and stress for all parties. However, certain aspects of personal injury claims may require time for preparation and processing. These typically include medical evaluations and treatments, physical therapy – which can take months, personal therapy, and other resulting issues. Some cases do in fact get settled fairly soon if the facts are straightforward and indisputable. Others that are more complicated can make months or even a year or longer to be settled or go to trial.
4. Ensure a smooth, stress-free process.
Personal injury cases are unique. In certain instances, both parties are eager to settle and require limited legal proceedings to reach an agreement. In other situations, the parties are far apart, and the case may require pretrial hearings, the completion of interrogatories, depositions, and witness statements. The attorney will try to streamline the process as smoothly as possible.
Filing a claim is never easy, but it is sometimes necessary. The help of an experienced personal injury lawyer can mean the difference between success and failure. Plaintiffs should understand and appreciate the capabilities and limitations of what a lawyer can and cannot do.