A personal injury lawyer’s job is to evaluate the legal and financial factors surrounding a personal injury claim. Even if a personal injury case is settled out of court, preparing a personal injury claim means being ready to litigate in court should the defendant refuse to offer a reasonable settlement. More importantly, it shows the defendant you’re willing and able to go to court, which will make them more willing to strike a fair deal to avoid the added expenses, time and frustration of fighting it out.
Liability will be the first thing your personal injury lawyer will want to figure out. Who is at fault for causing your injury? What were the factors leading to your accident? How was the defendant negligent, and if so, how did this negligence lead to your injury?
In many cases, the liable party will be another person, such as the driver behind the wheel of a car that hit the plaintiff. In some cases, the liable party might be an establishment or business with a slippery floor that they failed to warn passersby about. The defendant could also be the producer of a defective product that caused the injury.
The next step is to define and quantify the actual losses resulting from your personal injury. Losses must be large enough that they make a significant impact on your life and warrant the time and resources needed to pursue a personal injury claim.
For instance, if someone suffered a minor slip and recovered in a week’s time without any major affect on their quality of life, then it may not be worth the trouble of filing a claim. However, if the injury is serious, resulting in significant loss of income caused by time away from work, than a personal injury claim makes sense and must be seriously considered.
It’s important to consider the extent of your injuries and the consequences resulting from them, when determining the value of your personal injury case. Talk to your lawyer about this to find out whether your claim has any merit in it.