Understanding your rights under the La Porte personal injury laws is critical when you are hurt in an accident. An example under Texas Civil Practice & Remedies Code §33.001 is if you are partially responsible for the accident, then damages may be reduced. Knowing these rules can make a significant difference in recovering compensation. In this article, you will learn 5 different ways a Lawyer Strengthens enhances a personal injury case. Let’s get started!
A La Porte personal injury attorney can advise you on these laws and minimize communicative noise to strengthen your position. Attracting more attention from insurance companies, gathering evidence, and forming a case establishing the actions of the other individual or individuals creates significant value to your case.
Ways A Lawyer Can Improve Your Personal Injury Claim
1. Evaluating Your Case Objectively
A lawyer reviews your case to determine its strengths and weaknesses. They compare your situation to Texas law, such as Texas Civil Practice & Remedies Code §33.001, which reduces damages if you are partly at fault. They also check deadlines, like the two-year statute of limitations under Tex. Civ. Prac. & Rem. Code §16.003(a). Knowing these details early prevents mistakes that could hurt your claim.
Your attorney will identify the types of damages you can claim. This includes medical bills, lost wages, and pain and suffering. They also look for evidence that shows the other party’s liability.
2. Gathering and Preserving Evidence
An attorney will gather evidence that substantiates your version of events. This evidence may include accident reports, medical records, witness statements, and photographs of the scene or the injuries. For evidence to withstand scrutiny in court, it must be accurate and well-documented.
An attorney understands how to deal with tricky evidence; for example, if the incident was recorded on surveillance video, if there are electronic records involved, or if the evidence is missing and must be later reconstructed. Evidence must be preserved because it can be discarded or lost quite easily.
3. Working With Experts
Some personal injury cases require the use of expert testimony. Examples of this would include doctors or other medical specialists, accident reconstruction experts, and economists to calculate lost income or earning capacity. An attorney knows exactly what kind of expert has value to the case, and how to present reports prepared by the experts.
As an example, your medical records are unlikely to adequately address the long-term effects of your injuries, in which case an expert can prepare a report that elaborates on how the sustained injuries affect your daily living.
4. Negotiating With Insurance Companies
Insurance companies frequently seek to mitigate their payouts by communicating with you in a process designed to disadvantage you in reclaiming the damages, and will favorable negotiate terms for themselves. Your attorney knows what evidence to provide to the insurance company, legal responsibilities owed can be presented, and can argue pursue to a reasonable and fair settlement.
Negotiation also requires knowledge of the topics identified above about Texas comparative fault law. If you are part of the fault, a lawyer will assess how this may impact damages, and make an argument for you to be fully reimbursed or partially reimbursed.
5. Representing You in Court
If a lawsuit is unsuccessful in settling your claim, a lawyer will represent you in court. A lawyer will draft pleadings, motions and prepare other necessary documents for trial. The lawyer will also question witnesses, cross-examine experts, and present evidence to the judge and jury in a clear manner.
Lawyers are experts in court rules and procedures as well as local rules like Texas Rules of Civil Procedure. Adhering to these rules is essential because mistakes, even small ones, could derail your case.
Other Ways a Lawyer Protects Your Case
- Reviewing documentation – A lawyer will review every document for you. These may include releases for medical records, insurance, and agreements concerning a settlement. Small mistakes or overlooked details in documents can result in decreased compensation.
- Handling communications – Lawyers will respond to the other party, insurance adjusters, and experts for you. This prevents you from giving a statement that may be misinterpreted or deemed unfavorable in your case.
- Claim strategy – Lawyers will evaluate the best route for your case. They will evaluate whether mediation, arbitration or taking the case to trial will provide you with the best avenue for a successful claim.
- Deadlines – Every claim has a deadline for every step: filing claims, responding to motions, etc. A lawyer will track deadlines on every timeline to ensure you do not lose your right to claim damages.
- Investigating liability – A lawyer often will dig deeper to determine who is legally responsible. For example, a lawyer may obtain and review traffic camera footage, business records, or logs on property maintenance.
Summary
- Lawyers assess cases against Texas personal injury laws and deadlines
- Lawyers collect and preserve evidence, i.e., medical records, reports, and photographs
- Experts are used to explain expenses regarding medical or financial impacts
- Lawyers negotiate compensation with insurance companies on your behalf
- If required, lawyers represent you in court and follow all local rules and procedures
- In addition to representing you: lawyers will review documentation, communication for you, and strategy.
