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What is a Personal Injury Attorney?

personal injury attorney specializes in tort law, which covers civil litigation related to injuries or wrongdoings resulting from negligence. Their primary goal is to make their client (the injured “plaintiff”) whole again and discourage others from committing similar offenses. Here are some key aspects of what personal injury lawyers do:

  1. Case Evaluation: Personal injury lawyers meticulously assess the details of each case, including the circumstances surrounding the injury. They gather evidence to determine the viability of a legal claim.
  2. Client Management: Managing clients is crucial. Personal injury attorneys communicate with clients, ensuring clear communication and managing expectations regarding the case’s outcome.
  3. Legal Representation: Personal injury lawyers represent clients during legal proceedings. This includes negotiating with insurance companies, filing lawsuits, and advocating for clients in court if a fair settlement cannot be reached.
  4. Negotiation with Insurance Companies: Beyond negotiations, they coach clients on how to respond to questions and protect their interests during conversations with liability carriers.
  5. Trial Representation: If a case proceeds to trial, a personal injury lawyer represents their client in court.

Do I Need an Attorney?

If you are asking this question after suffering personal injuries, you are not alone. This is one of the most asked questions among injured victims. Following an accident, the insurance adjuster may seem like he or she has your best interests at heart, assuring you that he or she will “take care of you.” However, it is important to note that an adjuster does not owe you the legal or ethical duties that a personal injury attorney would owe you. Thus, if you have been injured due to someone else’s wrongdoing, such as a car accident, on-the-job injury, slip and fall, or other wrongdoing, you can benefit by hiring a lawyer whose sole focus is your interests and legal rights.

Why Hire an Attorney for a Personal Injury Claim or Accident?

Each state has its own negligence and personal injury laws. Over time, these laws have become highly specialized, and they are subject to change and interpretation at any time, as Courts continue to analyze them daily. To assert a successful personal injury claim, you must follow strict time deadlines and statutes of limitation. You must also satisfy the burden of proof, which can be done by identifying, gathering, and obtaining relevant evidence. Failing to abide by legal requirements or missing critical evidence can negatively affect your claim. Depending on the circumstances, you could be completely barred from asserting your claim if you do not follow legal requirements, meaning you could recover nothing. By not having dedicated and knowledgeable counsel, you risk not complying with legal requirements that could negatively affect your case.

When Should You Hire an Attorney for a Car Accident?

Car accidents can disrupt your sense of safety and security, jeopardizing your health and well-being in an instant. Motor vehicle crashes kill more than 100 people in the US every day, according to the Centers for Disease Control. In 2019 alone, emergency departments treated 2.5 million people for motor vehicle crash injuries. 

If you are in a car accident that causes serious injuries, damages your vehicle, or prevents you from working for a time, you may be eligible for compensation. See a doctor right away if you suspect you are injured. Waiting to see a physician and receive treatment can hinder recovery. Contact a lawyer the day your accident occurs or within a few days. By getting help early on, you can make an informed decision about the necessity of hiring a lawyer, the strength of your claim, and the potential for compensation.

Do I Need a Lawyer if the Accident Was Not My Fault?

If you have been involved in a car accident that was not your fault, you may feel that you have a clear-cut case and that you do not need an attorney. However, what seems to be clear-cut can soon turn into a nightmare. What if the insurance company denies your claim? What if they try to place some or all of the blame on you? What if the at-fault party had no insurance? As you can see, what appears to be a simple case can become extremely complicated. Insurance companies are in the business of making money – not spending it. They often fight and do all they can to lessen their degree of liability and the amount of damages they will have to pay.

How can a Lawyer help you?

Your attorney should be your eyes, ears, and voice throughout the legal process. Even though you may be on the path to recovery, the legal process does not pause until you get better. Instead, the clock begins ticking immediately. The insurance company will utilize their resources to begin investigating the situation and building their case, so why shouldn’t you?

Here are some steps that our lawyers will take to protect the legal rights of accident victims throughout Colorado:

  • Obtain the police report
  • Request photographs and video footage taken by police officers at the scene
  • Interview witnesses
  • Identify all parties who may be at fault
  • Obtain medical records and bills
  • Consult with medical experts
  • Consult with liability experts
  • Investigate all potential sources of insurance, including liability, uninsured/underinsured motorist coverage, and medical payments coverage
  • Identify all insurance policies that may potentially cover you, including those belonging to a household member, vehicle owner, company policy or other entity
  • Assess the value of your case
  • File a lawsuit in the appropriate jurisdiction
  • Protect the statute of limitations
  • Analyze all legal theories of recovery
  • Guidance through the entire legal process from start to finish

How is my Personal Injury Claim Valued?

Calculating the value of any case requires an in-depth analysis of the incident and its effects on the victim. This is because every case is 100 percent unique. Despite claims to the contrary, there are no mathematical formulas that can be applied based on the type of case. There are numerous individual factors that must be considered. The personal injury lawyers at Daniels & Scriven, P.C. have an over 40-year combined history of obtaining maximized compensation for clients who are facing the most traumatic time of their lives.