The Role of a Personal Injury Lawyer

A personal injury lawyer is a qualified attorney who offers legal services to individuals who claim to have recently been injured, either physically or mentally, due to the negligence of someone else, organization, government agency or some entity not intended to be covered under any law. Personal injury lawyers primarily practice within the field of tort law, which is the body of law that permits a victim to be compensated for physical and/or psychological pain and suffering. The injury lawyer will bring and present this claim in a court of law on behalf of his client. Sometimes these lawyers also work independently without any affiliation with a firm. Visit: www.danielstarklaw.com to speak to reputable personal injury lawyers.

In order to obtain a fair settlement, personal injury lawyers must first establish the facts in the case. The initial stage of the case is usually litigation preparation. During this stage, a personal injury lawyer will conduct his/her own investigation into the incident, collect evidence, interview witnesses, gather reports, and formulate a strategy for the case. The Austin attorney will also determine if fair compensation can be obtained and represent his clients in negotiations with the party responsible for the injury.

After the litigation phase is complete, the attorney will offer a settlement or a verdict on the matter. If the case is tried before a jury, personal injury lawyers will be required to select a plaintiff and a jury to be the ones that will decide the compensation amount. In this instance, the attorney will not be responsible for paying any fees or anything other than the costs of his trial. This means that in a settlement negotiation, an attorney can choose whether to take the case to trial or to accept a predetermined amount of compensation from the defendant.

Another way for personal injury attorneys to receive compensation is through accepting a percentage of the settlement. While it is common for some insurance companies to offer only a fraction of the settlement, more often than not, a good personal injury lawyer will take a large percentage of the settlement. If the case goes to trial and a settlement is not reached, the insurance company does not have to provide any funds to the lawyers unless they are winning their cases.

Insurance company personal injury claims are usually settled out of court, but there are instances where a case can be settled outside of court. If an agreement can be made that is satisfactory to both sides, the parties can enter into arbitration or mediation in an effort to reach a settlement that is acceptable to all parties. It should be noted, though, that the amount of settlement agreed upon will not necessarily reflect the actual value of the claim.

Finally, personal injury claims sometimes go to trial. In this situation, the insurance company will hire a legal team to represent the case and the personal injury lawyer will be paid his or her contingency fee. While a contingency fee can be advantageous for all parties, the lawyer will receive a percentage of the settlement if the case goes to trial. The cost of a settlement will be much lower if the case does go to trial because the attorney will receive his or her full contingency fee plus any other applicable fees.  Find out more details in relation to this topic here:  https://en.wikipedia.org/wiki/Lawyer.