5 Ways Experienced Personal Injury Attorneys Defend Your Rights
According to data from the Marion County Court System, over 1,000 personal injury cases were filed in Indianapolis in 2021. Of these, 478 resulted in settlements, and 682 were still pending at the reporting time. Additionally, approximately 36% of personal injury cases involved automobile accidents, followed by medical malpractice claims with 22%. Plaintiffs aged 41-50 accounted for 31% of total personal injury cases.
If you have been involved in an accident, consider hiring experienced personal injury lawyers in Indianapolis. This is important because the legal process is tedious and requires careful planning and paperwork. A critical step in developing a successful legal strategy is identifying the strengths and weaknesses of your case. For example, if there is evidence that supports your claim but no eyewitnesses or other evidence (like photos), this might be considered a weakness.
On the other hand, if multiple eyewitnesses saw what happened and agreed with each other about what happened, this would be regarded as solid evidence. This blog will discuss five common legal strategies experienced personal injury attorneys use to defend your rights.
1. Investigating the AccidentIf you are involved in a car accident, you must contact a personal injury attorney experienced in investigations. They will help you determine if other factors contributed to the accident.
For example, if someone ran a stop sign or red light and caused your vehicle to crash, this person may be liable for damages resulting from their negligence. Investigating the accident can include interviewing witnesses, gathering relevant documents, and researching the accident scene.
2. Analyzing the EvidenceAn experienced personal injury attorney reviews the evidence, which may include inspecting police reports and medical records and examining photographs of injuries or damage caused by accidents. Lawyers may also prioritize interviewing witnesses who saw what happened and interviewing experts in relevant fields such as biomechanics or toxicology.
Once they've analyzed all of this evidence about your case, they'll contextualize it. They do this by assessing its value against other factors like time limitations on filing lawsuits. They'll consider jurisdictional issues and establish whether other parties might be liable for damages.
3. Negotiating with Insurance CompaniesNegotiations are critical to any legal strategy and can help you receive the compensation you deserve. Your personal injury attorney can often negotiate directly with the insurance company on your behalf.
Their role in this process involves:
- Reviewing and understanding the insurance company's policies and procedures
- Utilizing the right negotiation tactics
- Negotiating a fair settlement
4. Preparing for TrialIf insurance negotiations do not result in a satisfactory settlement for the client, an experienced personal injury lawyer will proceed to prepare the case for court. They will only do that with your consent, and the process entails the following:
Filing a Lawsuit: The attorney will draft and file a formal complaint with the appropriate court, outlining the allegations against the defendant and the damages sought. Indiana's statute of limitations for personal injury cases is two years, so your lawyer must prepare your case and file it promptly.
Discovery: The plaintiff and defendant lawyers exchange information and evidence about the case. This may involve requesting documents, conducting depositions, and obtaining expert testimony.
Motions: Attorneys may file various motions with the court to help shape the course of the trial. For example, they may file a motion to dismiss certain claims or to compel the other party to produce specific evidence.
Trial Preparation: As the trial date approaches, the personal injury attorney will work diligently to prepare the case for trial. This includes developing a compelling argument, gathering and organizing evidence, preparing witnesses, and creating visual aids or exhibits to support the claim.
Trial: The personal injury attorney will represent you in court, presenting evidence, examining witnesses, and making opening and closing statements. The goal is to persuade the judge or jury that the client is entitled to compensation for their injuries.
5. Appealing the DecisionIf you're not satisfied with the initial ruling, you can appeal. This is a process by which you ask an appeals court to review your case and make a new decision.
Appealing is often necessary when plaintiffs win their cases but don't receive enough money or other compensation to cover all of their damages. It's also common for defendants to challenge personal injury lawsuits because they think they were wrongfully accused.
The first step in appealing the decision is filing a notice of appeal within 30 days of receiving notice that the ruling was entered into the record. The lawyer will do that for you. Once the case is appropriately filed, they will go to court for you again so you get fair compensation for your damages.
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