If you have a personal injury from a car accident you need the help of an experienced lawyer. Call an attorney at Hollingsworth Kelly for a free consultation at 520-882-8080. Visit their website at www.hollingsworthlaw.com.
3. A personal injury attorney, also known as a trial
attorney, focuses his or her practice on
helping clients injured because of the
negligent or reckless conduct of others.
4. These litigators investigate injury claims and
determine the parties responsible for their
clients' injuries. A personal injury attorney
is paid a percentage of the final settlement
or verdict.
7. Since most people only deal with a
personal injury claim once or twice in their
lifetimes, insurance adjusters possess a lot
of leverage against these victims.
8. Insurance adjusters will typically make an
offer to make a case go away, but an
unrepresented claimant will never get a
top dollar offer from the adjuster.
11. Claimants might wonder what a personal
injury attorney can do to strengthen their
bargaining position.
12. Although each case is different, a trial
attorney will typically take the following
actions when accepting a new client.
13. 1. Investigate the Facts
A personal injury attorney has tools and
resources unknown to the general public.
The lawyer may hire an investigator to
track down witnesses or obtain asset
checks on the defendants.
14. An experienced trial attorney will
immediately focus on available insurance
and will send a letter to the negligent party
or the insurer for the negligent party to
verify insurance coverage.
15. 2. Determine the Client's Injuries
Most clients may not even truly understand
their injuries. They will understand the pain
and suffering. They will understand how
their injuries affect their ability to work or
just perform activities of daily living.
17. An experienced personal injury attorney
will speak with the client's medical
providers to determine how long the
client may need to treat and when the
client's injuries will fully heal.
18. 3. Attempt to Settle the Claim
Litigation is expensive. Even filing a lawsuit
requires a court filing fee and a fee to serve
the opposing party with the civil complaint. An
experienced trial attorney seeking to save his
client time and money will make a good faith
effort to settle her client's claim without a
lawsuit.
20. The insurance company will respond after
reviewing the materials and make an
offer. Back and forth negotiations can take
weeks, months or even years, depending
on the applicable statute of limitations.
21. 4. File Suit
If a case cannot be resolved, the trial attorney will
file a lawsuit on behalf of his client. The complaint
will outline the various claims and describe the
injuries sustained in the accident. The claimant is
now called the plaintiff, and the party accused of
negligently or recklessly injuring the plaintiff is
called the defendant.
22. 5. Litigation
Rules of civil procedure vary between the
federal rules and the rules of different
states, but typically the attorneys involved
in a civil lawsuit will draft written questions
called interrogatories and requests for
production of documents.
23. 6. Mediation
Some cases are settled with a series of phone
calls, emails or letters, but a large percentage
of cases are settled at mediation. Mediation is
a formal settlement conference involving a
neutral third person, called a mediator, who
brings the sides together and tries to help
them resolve the case.
24. 7. Prepare for Trial
By fully investigating the accident,
understanding the client's injuries, and
thoroughly using the discovery process to
obtain information from the opposing
side, the attorney will be ready to protect
his client's rights at trial.
25. Personal injury attorneys at Tucson
law firm Hollingsworth Kelly are
ready to represent you if you've been
injured in a car accident.
27. Louis Hollingsworth, Michael Kelly, and the
Hon. John F. Kelly - Ret., of Counsel
are caring and compassionate personal
injury attorneys who fight for their clients.