Personal injury law is all about protecting the rights and fortunes of those who have unfortunately been injured, maimed and nearly destroyed due to the insensitivity, negligence and damage cause by others.
In most cases there are severe injuries, lengthy hospital stays, and extended periods of time when a person cannot work due their injury from the accident. There may be expensive and extensive rehabilitation therapy required for an individual to even get back to a normal way of living.
In many cases however, it is like pulling teeth to get a responsible party or his or her attorneys and insurance company to face up to their responsibilities in paying the damages for all the destruction that has been wrought.
Consequently, the hiring of an experienced and knowledgeable personal injury lawyer will be the only recourse available to the injured party. In order to receive recompense for all of the costs and medical bills, not to mention lost wages and compensation for pain and suffering, it will take a lawsuit and potential court appearance to receive justice.
For the most part, most of the actions in these sorts of cases do not really make it to court, as after much correspondence and the unveiling of the facts, the defendant and his legal team will see that going to court would not enable them to prevail, so they simply offer a settlement. This isn’t a serious accident case where a top new jersey car accident lawyer would be needed.
There can be a good deal of research necessary on the part of the lawyer, and he might even use a private investigator for the work. The key to success is to have all of the evidence possible that proves that the accident was not the fault of the injured party, but is squarely on the shoulders of the defendant.
Typically a good lawyer will develop a timeline of events with the objective of showing where all the parties were located and what they were doing just prior, during and after the accident occurred. In this way, if there were any responsibilities that applied to the defendant, it is easier to show that perhaps he was not attending to them at the time of the accident.
Once the preponderance of proof lies on the side of the prosecution, then overwhelming evidence can be shown to the counsel of the defendant, which will usually result in a settlement being offered. The thinking here is that it would be much more expensive to go to trial than to simply settle and be done with it.
A good personal injury lawyer will have this area as the only area of law in which he or she practices. The reason for this is due to the immense amount of time and focus it takes to take a case and win it. The remuneration for the personal injury lawyer comes from the proceeds of the case, as normally if he or she does not win the case, there is very little or no fee.
Consequently, the personal injury lawyer must be an expert at his or her profession or there will be very few paydays.