Personal injury lawyers serve many critical roles. They represent people who have been injured by others’ negligence, help victims navigate the legal process to seek compensation for their damages, investigate the accident, handle settlement negotiations, and gather evidence to build a case.
Ultimately, personal injury lawyers act as legal advocates for their clients, fighting to protect their rights and demand the compensation they deserve. Here are some of the most important tasks of Dallas personal injury lawyers:
Explain Your Legal Rights and Options
Every type of personal injury case is different. A knowledgeable attorney can discuss how Texas law applies to your case. For example, if you were bitten by a dog, an experienced lawyer can discuss the one-bite rule and what it means for your case. If a defective product injures you, a lawyer can explain the three types of defects and whether you have a product liability claim.
After explaining your legal rights and assessing whether you have a viable legal claim, a lawyer can discuss your options for pursuing financial recovery. This may include filing an insurance claim or a personal injury lawsuit to seek compensation for your injuries.
Investigate the Accident
Once you retain the services of a Dallas personal injury lawyer, they can begin investigating the accident. This may include:
- Reviewing official accident reports
- Examining photos
- Interviewing witnesses
- Locating video footage of the accident from traffic or surveillance cameras
- Requesting records
A thorough investigation can help identify all at-fault parties and establish liability. Various parties could be responsible for personal injury accidents, including negligent motorists, trucking companies, product manufacturers, etc. More parties could mean more compensation available for your claim.
Handle Your Legal Claim
One of the most important jobs of personal injury lawyers is protecting the rights of their clients. They can do this by communicating directly with insurance companies.
Insurance companies often try to take advantage of claimants by:
- Insisting on a recorded statement to get testimony to use against them later
- Requesting comprehensive medical release forms to find pre-existing injuries to blame the accident on
- Causing unnecessary delays in the claim process so claimants get frustrated with the process or abandon their claim
- Offering lowball settlements in hopes accident victims will accept them
An experienced attorney can prevent delays and ensure a case progresses. They can also take legal action before the statute of limitations expires.
Assess the Value of Your Damages
An experienced personal injury attorney can gather information to determine how the accident impacted you and the compensation you are legally entitled to as a result of the harm you’ve suffered. In Texas, personal injury victims can pursue compensation for their economic and non-economic damages. Economic damages include tangible losses, including:
- Medical expenses related to the incident
- Loss of income, wages, or earning capacity
- Future loss of earnings
- Loss of inheritance (in wrongful death cases)
- Property damage
- Future medical expenses
Non-economic damages provide compensation for the intangible losses accident victims suffer, such as:
- Physical pain and suffering
- Mental or emotional pain or anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Loss of companionship and society
- Inconvenience
- Injury to reputation
An experienced lawyer can help document the damages that you have suffered by using evidence such as:
- Medical bills and records
- Employment records indicating your lost wages, such as pay stubs or letters from your employer
- Invoices and receipts for out-of-pocket expenses you paid for
- Property damage estimates and reports
- Pain journal entries
- Testimony from expert witnesses
Experienced lawyers know how to prepare a comprehensive claim for compensation.
Negotiate for Fair Compensation
A seasoned lawyer can prepare a demand letter that lays out your right to compensation. The letter might include:
- Details about how the accident occurred
- The legal basis for the claim
- The damages you suffered
- The amount of compensation you are willing to settle your case for
- A statement that you plan to sue if your demands are not met
After receiving the demand package, the insurance company may make a settlement offer. Your lawyer may respond in turn by demanding more compensation.
Insurance companies and personal injury attorneys may go through several rounds of negotiations before reaching a final settlement value. If you decide to settle your claim, your lawyer will explain the release of liability and that signing this means that you will not have any further claims against the responsible party or insurance company. You will receive your settlement check shortly after.
Litigate Your Case
Most personal injury cases are successfully resolved through insurance claims. However, if the insurance company denies your claim or refuses to offer a fair settlement, a lawyer can demand the compensation you deserve by litigating your case.
Litigation may involve the following steps:
- Filing a formal complaint in the appropriate court
- Having the defendant served with the complaint and summons
- Waiting for the defendant’s answer to the complaint
- Engaging in discovery, which is the formal fact-finding process in which the parties exchange information with each other to help them prepare for trial
- Participating in status conferences to update the court on the case
- Continuing to engage in settlement negotiations
- Representing the plaintiff in court, arguing the case, examining witnesses, presenting evidence, and cross-examining the other side’s witnesses
It is possible that the case can still be settled at any point during this process. Your lawyer will continue to zealously represent your interests throughout the process.
Contact Our Dedicated Dallas Personal Injury Lawyers for a Free, No-Obligation Consultation
Benton Accident & Injury Lawyers can begin the legal process by meeting with you during a free, no-obligation consultation. We can discuss your legal rights and situation. We can also explain how we can help throughout the personal injury claim process. Contact us today at (214) 556-8321 to get started.