Personal injury lawyers provide legal representation to injured parties, and help plaintiffs receive compensation for injuries received as the result of negligence, carelessness, or wrongdoing on the part of another individual, organization or other entity.
Colorado Springs Personal Injury Lawyer has responsibilities beyond providing representation for accident victims. Learn about personal injury law, what attorney representation involves, and how to find an ideal lawyer for your specific case.
What is personal injury law?
Personal injury attorneys specialize in tort law, in any case or legal claim where a party alleges injury to their person, whether physical or emotional injuries. Civil wrongs committed by individual parties, corporations, organizations, or other entities potentially lead to a personal injury case being filed by the injured party.
This type of case extends beyond negligence. The American Bar Association explains that other actions possibly involve allegations of intentional wrongdoing. This includes the types of claims filed by personal injury lawyers.
Examples of intentional wrongdoing include someone intentionally assaulting you, a retail store detective falsely detaining you and falsely alleging that you shoplifted from the store, or someone playing a prank where you experience an injury as a result of the prank.
The strict liability aspect of personal injury law holds manufacturers or designers of products strictly liable for injuries resulting from defective products. Your lawyer conducts an investigation and helps prove that the product has a design or manufacturing flaw or issue that makes that product dangerous for individuals to use, even when used for its intended purpose.
How do personal injury lawyers help accident victims?
Personal injury lawyers assist their clients in many ways to help them recover damages for their injuries. They represent clients in a number of different types of injuries.
Although car accidents are likely the primary type of personal injury case that comes to mind, these also remain common types of injuries:
- Truck, motorcycle, boating or aviation accidents
- Pedestrian accidents
- Construction accidents
- Slip and fall accidents
- Nursing home abuse or accidents
- Medical malpractice
- Wrongful death
- Injuries to the brain, spinal cord or other parts of the body
- Insurance claims
These are just some examples of personal injuries. Discuss your case with a reputable lawyer and learn whether your situation qualifies as a personal injury case.
Lawyers gather evidence, interview witnesses and contact medical providers. Attorneys research case law relative to the specifics of each case, formulate a theory, and assess damages based on your injury and potential lifetime impact of your personal injuries.
The case, settlements and judgments
Once your lawyer completes the initial preparation aspects of the case, it is time to assess whether you have a case that your attorney takes to trial or attempts to settle with the party or parties that caused your personal injuries. Your lawyer typically submits written questions, asks questions in person through the process of deposition, or takes other actions through the discovery process.
Your attorney likely makes a demand for your desired personal injury compensation. Some defendants deny their fault or responsibility, which potentially leads to the case going to trial.
Most demand letters usually result in a settlement offer. Your lawyer discusses the settlement offer with you, and offers realistic advice regarding the chances of winning a lawsuit against the responsible party or parties. You do not have to accept an initial settlement offer, at which time your lawyer representation also includes negotiating further, attempting to reach an agreement consisting of a larger settlement offer.
When a case goes to trial, you and your lawyer seek more damages than that offered by the defendant during the settlement negotiations. The personal injury lawyer representing you litigates your case before a judge or jury to reach the best possible outcome for you, the injured party. When negotiations, mediation, or arbitration fail to result in an acceptable compensation offer, taking the case to trial is sometimes the best option.
Personal injury attorneys see a case through to completion, including an award of damages and compensation. Always look for a personal injury attorney with experience in your type of personal injury case.