If you’re a fan of crime shows whether true crime or dramas, you may think you have a pretty good idea of a lawyer’s responsibilities. You may even be able to toss out some legal terms.
However, a prosecuting or a defense attorney has different responsibilities from a personal injury lawyer. You’re probably not going to have a Matlock or Perry Mason moment during your accident claim.
So, what are the responsibilities of a personal injury attorney? Knowing what you should expect from your attorney can give you some peace of mind about the progress of your personal injury case.
Responsibilities of an Accident Attorney
The attorney impressed you during the consultation. They seem knowledgeable about your type of accident claim and have access to any necessary resources like investigators.
You feel comfortable discussing your claim with the attorney. You believe it will be a great partnership for everyone involved. You’ve agreed to the terms of the contingency fee agreement and everyone’s signed on the dotted line.
Congratulations, you’ve successfully retained legal counsel and are ready to move forward with your accident claim. However, have you ever stopped to consider what are the responsibilities of your attorney? Your personal injury attorney probably has a few more responsibilities than making sure you fill out the paperwork correctly.
Gathering and Reviewing Evidence
All personal injury claims, regardless of the type of accident, require proof. In other words, you can’t claim damages on the form and send it to the insurance adjuster. This would make the legal process a lot easier, but it also means anyone can file a claim for whatever reason.
You may be wondering if you can’t gather evidence without legal assistance and the answer is occasionally yes. You can pick up a copy of your accident report and medical records. You also have access to your property repair/replacement costs. Your bills, receipts, and estimates take care of providing proof.
However, this often isn’t enough to satisfy the insurance company and this is when your attorney’s responsibilities come in. Your attorney is responsible for collecting and reviewing evidence that helps to support your accident claim.
Some examples of how your attorney can assist in gathering evidence include subpoenaing surveillance camera footage. Not every home or business owner is going to hand over security footage without a subpoena. This also applies to traffic camera footage. Your attorney is probably going to need to subpoena the entity responsible for maintaining the traffic cameras, usually either the city or county.
If comparative negligence rules apply or if fault is in question, your attorney can bring in accident scene reconstruction specialists. They can recreate the accident scene to make it easier to determine fault and protect the value of your injury claim.
Handle Negotiations with the Insurance Company
Most claims aren’t settled as soon as they’re submitted. The insurance adjuster usually takes a couple of weeks or so to review your claim and evidence. Since your attorney is assisting with the paperwork and reviewing the evidence, you shouldn’t run into any issues with a claim denial.
Instead, you’re probably heading to negotiations and this is the responsibility of your personal injury lawyer. Your attorney should be a skilled negotiator, most are so don’t worry. The insurance adjuster will submit a counteroffer to your claim.
Now, it’s up to you if you want to accept or negotiate for a higher value. Remember, if you accept a settlement offer you can’t refile the claim. This applies even if you’re left with expenses relating to the accident.
Your attorney will probably recommend heading back to the negotiating table, but this is entirely your choice.
During negotiations, your attorney will highlight all of your damages and stress the impact each one is having on your life. Your accident lawyer can also refute anything the insurance adjuster tries to pull in hopes of reducing your claim’s overall value. If this round of negotiations falls through, don’t panic. Your attorney will probably be back at the table for a few more rounds of negotiations.
File Motions and Provide Legal Representation
If negotiations fall through, your attorney has the responsibility of filing your claim in civil court. Your attorney must prepare the motion and meet multiple court filing dates. Your attorney is also responsible for filing a Motion of Discovery, this is when you get to review the defendant’s case.
Once your personal injury case is on the court docket, your attorney’s responsibilities aren’t quite over. Before your case is heard before a judge or jury, you’ll need to go through a deposition. This is when you answer questions about the accident under oath. Yes, you must swear in court to tell only the truth during your deposition.
If you lie while under oath, you may end up facing perjury or contempt of court charges. Along with potential court fines and even jail time, your accident case may also be automatically dismissed. Finding another attorney after lying under oath can also be challenging. You may not be able to retain another personal injury attorney.
Your attorney is also responsible for representing you during the trial. This means acting in your best interests from the start of your case until the verdict is read by the judge.
Providing Support Throughout Your Personal Injury Claim
Your accident lawyer isn’t a therapist and shouldn’t be treated as one. However, your attorney does have a responsibility to provide support as long as you’re a client. This usually means being available during working hours to answer your questions. Your attorney can also provide helpful advice along the way.
Don’t panic if your attorney isn’t always immediately available whenever you reach out. You’re probably not their only client, which means they have other obligations. With that being said, your attorney does have a responsibility to be available throughout your case. This means returning your phone calls, texts, and emails in a relatively timely manner.
Now that you have a better understanding of your attorney’s responsibilities, it should be easier to have a beneficial working relationship.
