Thursday, August 2, 2012

The Personal Injury Legal Process

Personal Injury LawThe victim of a personal injury accident is often carrying quite a burden in their lives. First, they may be suffering from physical and emotional trauma and unable to think calmly and rationally about what just happened and what exactly to do after their accident. They may be worried about just surviving the next several days or weeks at home, let alone their jobs. They may feel they are placing their burden unfairly on their family or loved ones.

When the personal injury victim finally comes to realizing they need to take legal action, they may feel apprehensive or intimidated about the legal system itself, unsure of how to proceed. They may be unfamiliar about where to look or how to pay for legal representation.

Luckily, finding a personal injury attorney is not the insurmountable task that many think. Nor will it task the victim?s pocketbook. In fact, a personal injury victim can get good legal representation at no initial cost, allowing them the benefit of sound legal advice about how to collect for damages from their accident.

Personal injury attorneys offer their services on a contingency basis. This means that the victim can meet with the attorney for a free initial consultation at no cost or obligation to themselves. The victim can simply tell his or her story of the accident without any risk to themselves in a private, relaxed, one-on-one office setting.

The personal injury attorney will then evaluate the case based on the circumstances and outcome of the accident. Many things are taken into account, such as medical bills already incurred, the expenses that may result from the victim?s injury, the loss of personal property, the loss of income and living costs, the projected costs for ongoing treatment, and compensation for pain and suffering. After many possible costs are evaluated, a target settlement amount is then determined.

If the personal injury attorney agrees that the victim has a sound personal injury case, the victim can sign a fee agreement which gives the attorney the right to take a percentage of the ultimate settlement amount rather than collecting fees during the handling of the case.

Often, the personal injury attorney will try to settle the matter with the at-fault party since they?re aware that the victim would get no less than the settlement amount if the case went to court. Since it?s simpler and less expensive to settle the case out of court, many personal injury cases are settled in this way.

Sometimes, however, the at-fault party doesn?t want to settle the case, usually because they believe the settlement amount is too high. In these cases, the personal injury attorney will negotiate further and try to reach an agreement with the at-fault party. If settlement attempts still fail, the personal injury attorney will pursue the case in court. They will fight for the maximum possible judgment for their client!

If you believe yourself to be the victim of personal injury through another?s negligence, contact the Atkinson Law Firm today for your free consultation!

Source: http://www.attorneynewmexico.com/2012/08/01/personal-injury-legal-process/

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