Personal Injury Attorney

Attorneys - Considerations to Keep in Mind

To get started with, you need to first understand what a Personal Injury case is all about. Such cases are usually legal disputes between two (or more) parties where one party suffers harm due to an accident or injury, and someone else may be responsible for that harm. In such cases, the aggrieved party seeks fair compensation and damages for the harm and injury caused. For example, one could seek out the services of an automobile accident attorney when in a car accident. While most cases are settled through informal discussions and agreements, the few cases that aren’t can be formalized through civil court proceedings that will help determine whether the other party is at fault via a court judgment. In such cases, you will require the services of a competent attorney who can help you navigate the waters. But more importantly, they are the ones who will help you determine what your case is actually worth and help you get fair compensation.

In general, a formal lawsuit isn’t like criminal cases where action is initiated by the government. A formal personal injury case is usually initiated when a private individual, known as the ‘plaintiff’, files a civil complaint against another person, business, corporation or government agency, known as the ‘defendant’. The case is usually filed with the plaintiff alleging that the defendant acted in a careless or irresponsible manner that led to an accident or injury causing the plaintiff harm and/or damage. The entire process is defined as ‘filing a lawsuit’ and is typically what most lawyers engage in after understand the merits of your case. Experienced attorneys for accidents will be able to accurately tell you whether your case holds water based on the facts of the case, and whether pursuing the case in court will yield any positive results.

In reality, a good personal injury attorney will be able to settle your case via an informal settlement agreeable to both parties and prevent the case from getting to court in the first place. However, if the settlement offer doesn’t seem to be fair and the attorney believes that the court would offer you better compensation then you would be required to proceed with the filing of your lawsuit. If the informal discussions prove to be fruitful, these negotiations are then followed by a written agreement, which stipulates that both parties forgo any further legal action in lieu of a monetary settlement agreed to by both parties. Such procedures that are used to resolve disputes amicably without resorting to the intervention of a court are referred to as ‘mediation and arbitration’, and form the middle ground between lawsuits and informal settlements.