Personal injuries are unfortunately common in the United States, with around 31 million people getting injured each year in accidents, according to recent statistics. If you suffered an injury in Portland due to someone else’s negligence, you may have a personal injury claim. Here is an overview of what the claims process typically entails when working with an attorney on your case.
Hiring an Attorney
The first step is to hire a personal injury attorney to represent you. An experienced lawyer from a reputable name like Tillmann Law Personal Injury Lawyers understands the complex legal issues and can navigate the claims process on your behalf. They will investigate your case, determine viable defendants, establish negligence, assess damages, and negotiate a fair settlement or take the case to court if needed. Having proper legal representation maximizes your chances of success.
Investigation
Once you hire an attorney, they begin investigating your accident and injury. For example, if you were involved in one of the 10,000-12,000 vehicles crashes in Portland each year, this involves interviewing you to understand exactly what happened, then gathering evidence like medical records, police reports, videos or photos and eyewitness statements. Your lawyer uses the evidence to prove negligence of the defendant, such as a reckless driver, property owner, doctor, etc.
Determining Liability
A key part of building your claim is for your attorney to establish liability of the defendant under law. There are different types of personal injury lawsuits based on the circumstances, such as motor vehicle accidents, slip and falls, medical malpractice, workplace injuries, etc. Your lawyer analyzes negligence – when the actions or inactions of the defendant failed to provide you with reasonable care contributing directly to your injury and damages.
Calculating Damages
Your compensation amount is tied to the economic and non-economic losses from your injury. Your lawyer calculates specific damages like medical bills, lost income from missed work, loss of future earnings capacity if you are disabled, plus pain and suffering damages. Attorney fees are also recovered from the defendant in most cases. Gathering evidence to prove damages is important to getting full and fair compensation.
Settlement Negotiations
Once your attorney establishes negligence and damages evidence, they first try settling your claim out of court, which is faster and less risky than a trial. Your lawyer negotiates from a position of legal strength on your behalf to reach a beneficial settlement covering the full costs you incurred. If the insurer denies reasonable compensation during negotiations, then your attorney can file a personal injury lawsuit in civil court against the defendant.
Litigation
During litigation, both sides exchange information through discovery, question witnesses under oath at depositions, get expert opinions and attempt mediation to resolve the case. If needed, your lawyer takes the case before a judge and jury who review the evidence and award damages. According to the BJS, around three quarters of personal injury lawsuits settle before trial, but your attorney prepares diligently including lining up witnesses, understanding court procedures, and presenting persuasive legal arguments for success at trial if it is required.
Settlement or Judgement
Either through out-of-court settlement or jury award if the case goes to trial, the final step is for you to receive financial compensation for your damages. Your attorney’s fees and expenses are paid out of the settlement or court award. If the judgement is appealed, your lawyer can defend the outcome on your behalf during appellate proceedings. With an attorney’s counsel through every phase, you can get the best possible outcome from your Portland personal injury claim.
Sustaining any personal injury can be difficult, but legal help makes the claims process smoother. Working with an experienced Portland personal injury attorney optimizes the potential financial award to cover your hard costs plus pain and suffering damages, so you can move forward after the trauma of the accident and injury itself.
Image by Claim Accident Services from Pixabay
