If you’ve suffered an injury in an accident that wasn’t your fault, you may be entitled to compensation. However, getting full and fair claims often requires strategic legal expertise.
A personal injury lawyer relies on tested strategies to maximize claim amounts for their clients. These techniques include understanding the victim’s full experience and struggles and scrutinizing every detail related to the injury. Researching the insurance providers and companies involved and hiring subject matter experts to lend credibility is vital.
This post discusses these, and more, strategies that personal injury lawyers use to get the best deals.
1. Understanding the client
Building a strong attorney-client relationship and fully grasping the details of the client’s experience helps lawyers advocate powerfully on their behalf. Lawyers spend extensive time with clients understanding their lifestyle and routines before the injury and any significant changes after the incident.
Some of the aspects they analyze are the victims’ struggles and limitations, their ability to work and engage in activities they enjoy, and the mental or emotional issues they face as a result. These insights help shape persuasive arguments for appropriate injury compensation that convey genuine hardship.
For example, lawyers may spend hours understanding how a car accident has impacted on a client’s ability to enjoy sports, attend family gatherings, focus on work, and sleep through the night. Documenting meaningful activities and roles affected negatively by the incident plays a pivotal role in the legal process.
Quantifying changes to quality of life also bolsters demands for greater non-economic damages. Rapport and intimacy with the intricacies of a client’s suffering strengthens the presentation of both economic losses from medical bills and lost income as well as more intangible pain and suffering damages.
2. Scrutinizing every detail
A Glendale personal injury lawyer, for instance, meticulously examines all documentation and evidence related to the incident, looking for factors that strengthen the case and increase the claim’s value. This includes studying medical reports and treatment history to fully establish the injury’s severity. It also involves reviewing incident reports from authorities and building code enforcement, looking for any failures, oversights, or regulatory violations that strengthen negligence claims.
Collecting any photographic or video evidence as well as eyewitness statements that clearly assign fault to the other parties involved, is also crucial. To make this process easier for the lawyer, it’s always wise to take videos or photos of the accident scene as soon as possible.
Leaving no detail unscrutinized builds leverage predicts obstacles, and lends irrefutable credibility when conveying the full extent of damage suffered by the injured party. It’s exhaustive work, but case victories hinge on it.
3. Understanding the opposition
One of the most important things experienced personal injury lawyers do is approach a personal injury claim by thoroughly researching the opposition. They analyze cases they have been involved in, tactics they have used, and how they approach claims and negotiations.
Understanding settlement tendencies helps anticipate challenges and reveal opportunities for counterarguments and desired outcomes. Learning from past missteps and common arguments raised to dispute or minimize liability and compensation also helps.
Furthermore, knowledge of corporate structures, policies, and incentives regarding avoiding litigation is useful. Finally, insight into individual adjusters’, negotiators’, and attorneys’ mindsets and histories aids in revealing openings for favorable outcomes.
Spotting indications of unreasonable inflexibility or propensity to proceed to trial develops leverage in negotiated resolutions. But most crucially, familiarizing yourself with any past prejudicial actions or statements establishes potential pressure points if combativeness impedes good faith claims navigation and compromise.
Knowing the other side of the legal aisle and areas they will seek to exploit offers the chance to preemptively shore up those vulnerabilities and protect the client’s interests. The opposition should ultimately be the less informed party.
4. Hiring subject matter experts
Personal injury lawyers routinely hire medical experts and other specialists to highlight the intricacies and full extent of a client’s condition and suffering. They identify trustworthy experts from related fields who can help interpret health records, diagnostic results, and technical accident details in ways that resonate with both legal professionals and laypeople.
For example, conclusions that a plaintiff’s chronic back pain was definitively caused by a car accident become far more authoritative and convincing coming from an esteemed orthopedic spine surgeon rather than just a lawyer’s words.
In addition to diagnosing injuries, experts quantify impacts on quality of life and functionality given their specialization. They render medical jargon and mathematical probabilities understandable. Expert testimony enhances incident comprehension—the physics behind injury-causing events like falls or impacts.
Specialists can strengthen perceived causality between actions or inactions and subsequent harms. In a realm requiring substantial proof, their stamped affirmations of core case facts and arguments provide gravitas while elucidating technical minutiae for all involved. The right field authorities demonstrate diligence and lend third-party validation without the perception of bias or agenda. Their input is thus priceless, securing fair outcomes.
5. Vetting witnesses
Personal injury lawyers thoroughly vet potential witnesses to ensure their accounts are consistent, supported by evidence and that they can withstand intense scrutiny before presenting them. Even witnesses with compelling stories can collapse under sharp cross-examination and inadvertently harm otherwise strong legal cases.
Responsible injury lawyers analyze corroborating evidence like medical records, photographs, and documentation to confirm and support witness accounts. They also probe witnesses extensively for inconsistencies, test the ability to recall details correctly, and identify any history opposing counsel could manipulate to attack character and trustworthiness. Determining precisely who and what helps prove the case versus potential witnesses posing liability due to unreliability or exploitation by the defense prevents court landmines.
Also, lawyers prepare witnesses for proceedings by conducting practice interviews, like trial simulations. Refining responses under intensity accustom witnesses to the pressure and sort those capable of enduring it from those likely to crumble and hurt the plaintiff’s cause, even unintentionally. Ensuring witness dependability and trial readiness prevents undermined legal advocacy and strengthens arguments for reasonable injury compensation. Their reliability must withstand maximum scrutiny.
6. Lawyers work on contingency
One major benefit of retaining a personal injury lawyer is that most work on a contingency fee basis. This avoids any upfront payment for legal services. Here is how contingency fee agreements typically work. The lawyer only earns a fee after the case is successfully settled or a court awards damages at trial. The fee is then a pre-arranged percentage of the final compensation amount.
Contingency fee rates generally range from 25% to 40%, depending on a case’s complexity. Simple injury claims may receive a 25% rate. A major factor impacting fees is whether a lawsuit was filed or the case settled pre-trial.
While contingency fees seem high compared to hourly rates, this pricing approach benefits claimants. It relieves the financial pressures of paying attorney services upfront out-of-pocket when funds are needed for medical bills and lost wages. Successful compensation outcomes would be unlikely without strong representation in building a claim. Thus, contingency fees ultimately maximize net financial recoveries for injury victims.
Injury lawyers utilize a variety of strategic efforts behind the scenes to build the strongest possible cases before beginning advocacy. Thoroughly understanding clients’ struggles, scrutinizing case details, anticipating opposition arguments, utilizing experts, and vetting witnesses represent techniques lawyers employ to maximize claims and secure fair compensation for client injuries and losses. Meticulous preparation strengthens arguments and conveys authentic hardship deserving of reasonable restitution.