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Car accidents, slips and falls, medical malpractice, and workplace injuries — these incidents can dramatically change lives. The victims in these events often grapple with physical injuries, emotional scarring, and financial strain from medical expenses or time away from work. Navigating the complicated legal aftermath can feel especially overwhelming, adding another layer of interference between victims and their recovery. 

Personal injury lawyers provide support and guidance in these moments, protecting the rights of those who have been injured as a result of someone else’s wrongdoing and ensuring victims receive financial compensation for their damages. There is a common misconception that lawyers are greedy, deceptive sharks disguised in suits. But in reality, their best interests are their clients’ best interests. Personal injury lawyers are motivated to secure the best possible outcome for accident victims because their success depends on their client’s recovery.

If you’re stuck facing insurance companies, piling medical bills, and the long-term impacts of an injury alone, a personal injury lawyer can help guide you through this maze. In this article, we will answer the question, “What does a personal injury lawyer do?” by dispelling common myths about their legal responsibilities, techniques, and financial incentives. By the time you’re done reading, you will understand the importance of hiring a personal injury lawyer if you’ve been hurt in an accident. 

What is a Personal Injury Lawyer?

A personal injury lawyer is a legal professional who specializes in representing individuals who have been injured due to someone else’s negligence or misconduct. Sometimes referred to as personal injury attorneys, they advocate for their clients, ensuring their rights are protected and securing them fair compensation for damages suffered. 

Personal injury lawyers specialize in handling cases related to the following:

What sets personal injury lawyers apart from other legal professionals is their focus on tort law and their expertise in handling cases involving physical or psychological injuries. While criminal lawyers deal with prosecuting or defending against criminal charges, family lawyers handle domestic matters, and personal injury attorneys concentrate solely on helping injured individuals recover compensation for their losses through civil litigation.

How a Personal Injury Lawyer Helps You

Initial Consultation and Case Evaluation

Hiring a personal injury lawyer typically begins with an initial consultation. During this meeting, the attorney carefully evaluates the merits of your case by reviewing the circumstances of your injury, assessing available evidence, and determining the potential value of your claim. They provide clear explanations of your legal rights and options, answering any questions you may have about the legal process ahead.

Gathering Evidence and Investigating the Claim

Once you‘ve agreed to work together, your attorney will launch a thorough investigation of your claim. This involves:

  • Collecting and analyzing police reports, medical records, and witness statements.
  • Securing video footage and photographs from the accident scene.
  • Preserving physical evidence.
  • Collaborating with accident reconstruction experts and other specialists.
  • Building a compelling case that demonstrates liability and documents the full extent of your damages.

Communicating with Insurance Companies

One of the most valuable services a personal injury lawyer provides is managing communications with insurance companies. Insurance adjusters are trained to minimize payouts and to use your statements against you. Your attorney serves as a buffer, protecting you from common insurance company tactics while skillfully negotiating on your behalf. They handle all correspondence, preventing you from making potentially damaging statements that would harm your chances of securing the maximum compensation possible.

The Legal Process in a Personal Injury Case

Filing a Lawsuit if Necessary

While many personal injury cases settle before trial, your attorney will not hesitate to file a lawsuit if negotiations don’t result in a fair settlement offer. The decision to litigate typically occurs when:

  • The insurance company refuses to offer adequate compensation
  • Liability is disputed
  • The full extent of injuries and damages needs to be established through formal legal proceedings.

Your lawyer handles all aspects of filing the lawsuit, including drafting the legal complaint, serving it on the defendant, and managing all subsequent court filings and procedural requirements.

The Discovery Phase

During what is called “the discovery phase,” both sides exchange information and evidence related to the case. Your personal injury lawyer will:

  • Conduct and defend depositions (sworn testimonies).
  • Request and review documents relevant to the case.
  • Work with expert witnesses to strengthen your case.
  • Develop and articulate evidence-based arguments to support your case.

Negotiation and Settlement

Throughout the legal process, your attorney continues negotiating with the opposing party. They employ proven strategies to maximize your settlement and protect you from common insurance company tactics, such as:

  • Lowball early settlement offers
  • Questioning the severity of your injuries
  • Attempting to shift blame
  • Delaying the claims process

Your personal injury lawyer ensures you don’t accept inadequate settlement offers. They advocate for compensation that reflects medical expenses, lost wages, pain and suffering, and future care needs.

Trial Representation

If a settlement can’t be reached and your case goes to trial, your personal injury lawyer will also be your advocate in the courtroom. They handle every aspect of trial preparation and presentation, including:

  • Jury selection
  • Opening statements
  • Presentation of evidence
  • Witness examination and cross-examination
  • Expert testimony
  • Closing arguments

Throughout the trial, your attorney works to present your case in the most compelling way possible, aiming to secure a favorable verdict that fully compensates you for your physical injuries, pain, and suffering.

Types of Cases Handled by Personal Injury Lawyers

  • Car Accidents
  • Slip and Falls
  • Product Liability
  • Workplace Injuries
  • Wrongful Death Cases

What Compensation Can You Expect?

Types of Damages

1. Economic damages have clearly defined monetary values. Some common examples include:

  • Medical expenses and ongoing treatment costs related to the accident
  • Lost wages and reduced earning capacity due to the inability to work
  • Property damage
  • Rehabilitation expenses

2. Non-economic damages compensate for any pain and suffering related to the accident that caused your injuries. Common examples include:

  • Physical pain and discomfort
  • Loss of enjoyment of life
  • Emotional distress and mental anguish
  • Disfigurement or permanent disability
  • In cases of wrongful death, loss of consortium or companionship

3. Punitive damages are financial penalties imposed on defendants found to be willfully negligent in personal injury cases. Instead of compensating the injured party, these damages are intended to punish the wrongdoer and discourage similar behavior in the future. For courts to grant punitive damages, the defendant’s actions must exceed ordinary negligence and demonstrate a clear, intentional disregard for the safety of others. 

Factors That Influence Compensation

The amount of compensation you’ll receive in your settlement is calculated based on several key factors, including:

  • Severity of Injuries 

The extent of your injuries plays a significant role in determining settlement amounts. More severe injuries, such as traumatic brain injuries or spinal cord damage, result in more compensation due to the extensive medical care required and the long-term impact on your life.

  • Long-Term Medical Needs 

Medical expenses include not just your current hospital bills but also anticipated future medical costs. From emergency room visits to ongoing rehabilitation, every short- and long-term medical need related to your injury contributes to your settlement value.

  • Liability and Comparative Negligence

The strength of evidence and liability also influence how much compensation you’ll receive. Cases with clear evidence demonstrating the other party’s fault typically result in higher settlements than those with disputed liability.

Additionally, Nevada follows a modified comparative negligence rule, which can affect your compensation if you’re partially at fault for your injuries. Under this law, you can still recover damages if you’re less than 50% responsible for the accident that caused your injuries; however, your compensation will be reduced proportionately by your percentage of fault. If you’re found to be 50% or more at fault, you are unable to recover damages.

The Cost of Hiring a Personal Injury Lawyer

Contingency Fee Structure

Most personal injury lawyers work on a contingency fee basis. This means you pay no upfront costs for legal representation. Your lawyer only gets paid if they successfully recover compensation for you — whether through a settlement or court verdict.

Usually around 33% of the recovery amount, the contingency fee structure makes quality legal representation accessible to everyone regardless of their financial situation.

Additional Legal Costs

While attorney fees are contingent on winning your case, there may be other expenses involved in pursuing a personal injury claim. These include:

  • Court filing fees
  • Medical record retrieval costs
  • Police report fees
  • Expert witness fees
  • Court reporter expenses

Many law firms handle these costs differently. Some may require clients to pay these expenses as they arise, while others cover them upfront and deduct them from the final settlement amount. During your initial consultation, your attorney should clearly explain how these costs are handled and what to expect throughout your case.

When Should You Hire a Personal Injury Lawyer?

Not every accident requires legal representation, but even seemingly minor incidents can develop into complex cases over time. This point is particularly important in cases involving injuries like whiplash, which may not show immediate symptoms but can develop into chronic conditions. Remember: insurance companies often try to settle quickly, before the full extent of your injuries and damages becomes apparent.

You should consult with a personal injury lawyer if:

  • You’ve experienced any physical symptoms, even if they seem minor initially.
  • The insurance company makes a low settlement offer.
  • Liability for the accident is disputed.
  • Your injuries require ongoing medical treatment.
  • The accident resulted in permanent disability.
  • The accident caused a fatality.
  • The other driver’s insurance company requests a statement.
  • There are errors in the accident report.
  • Your insurance claim is denied.
  • You’re uncertain about the full extent of damages to your vehicle or person.

Why Hiring a Personal Injury Lawyer Is Crucial for Your Case

When it comes to personal injury claims, insurance companies have teams of lawyers protecting their interests — shouldn’t you have an experienced professional protecting yours? 

Having skilled legal representation can make a significant difference in the outcome of your personal injury case. A qualified personal injury lawyer not only understands the complexities of personal injury law but also knows how to navigate the challenges that often arise during the claims process.

At Naqvi Injury Law, we understand the unique criteria for pursuing personal injury settlements that accurately reflect the full extent of victims’ economic and non-economic damages. Our experienced personal injury attorneys will carefully calculate your case’s worth and develop a strong legal strategy to pursue it. Along the way, we will protect your interests so that you can focus on recovering. From gathering evidence and dealing with insurance companies to ensuring you receive proper medical care and fair compensation, we will handle every aspect of your case.

To recap, some of the key benefits of having professional legal representation include:

  • Protection from insurance company tactics designed to minimize your claim
  • Accurate valuation of your current and future damages
  • Access to medical and technical experts who can support your case
  • Skilled negotiation to maximize your compensation
  • Professional management of all legal documentation and deadlines
  • Peace of mind knowing your case is being handled properly

If you’ve been injured in an accident, don’t wait to seek legal help. Naqvi Injury Law offers free initial consultations, allowing you to discuss your case and understand your legal options without any financial obligation. The sooner you consult with us, the stronger your case.