“Why do we have U.S. attorneys? Because we need a mechanism to make sure people obey the laws that we pass, for societal reasons.” – Kenneth Langone
According to the American Bar Association, the personal injury law is “designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act.” It is important to note that personal Injury Law is also known as Tort Law. And both these terms are often used interchangeably with each other.
In other words, when a successful personal injury lawsuit is concluded, the legal entity who caused the injury or damage to the other party will pay the financial costs that the court awards the entity which suffered the loss.
The role and responsibility of a personal injury lawyer
A Toledo personal injury attorney is responsible for the legal support of a person who is allegedly injured as a result of another legal entity’s actions, albeit a person, commercial enterprise, government organisation, or any other third party. These injuries can be either physical, or psychological, or both.
Thus, by way of an explanation of the personal injury claim process, let’s look at the lawyer’s role and responsibility:
Advise the client
An attorney who specialises in tort law and the submission of personal injury claims, will have a vast legal knowledge, skill, and experience. Thus, (s)he will be able to advice the client in the following areas:
Is the claim valid? In other words, does the complainant’s claim fit in the parameters of the tort law? Or, will the client waste money and time by filing an application that isn’t valid?
Provides emotional support
As mentioned above, injuries that can be linked to a personal injury claim are both physical and psychological. Therefore, the attorney sometimes needs to provide emotional support to put the claimant’s mind at ease during the whole process.
Submission of the claim paperwork
The claim must be filed in the state court, and the paperwork that needs to be submitted when the claim is filed is fairly exhaustive. Documents like medical reports, official reports, accident reports, and proof of payments made relating to the injury. A filed lawsuit that is missing any of the necessary documents will either hold up the settlement, or the claim will be thrown out of court.
Negotiation of the settlement between the two parties
The lawdictionary.org states that “according to the most recently-available statistics, about 95 percent of pending lawsuits end in a pre-trial settlement.”
A personal injury attorney specialises in handling these negotiations that are designed to lead to a reasonable settlement between the two parties. It is costly to take a matter to trial; therefore, the attorney will do everything to ensure a settlement.
, and a settlement negotiated with the other party. If an agreement cannot be reached, the attorney will need to represent the client in court as the matter will be taken to trial.