
A personal injury lawyer specializes in representing litigants harmed due to wrongdoing or negligence of another party. The purpose is to ensure the injured party secures adequate compensation for the harm suffered from the negligence. Such injuries might include:
- Truck accidents
- Car accidents
- Workplace injury
- Wrongful deaths
- Legal Malpractice
- Medical malpractice
Typical steps in personal injury from a car accident
- Report at the nearest police station and get a police abstract and a P3 form
- Seek medical treatment and secure the records
- The P3 form issued at the station is completed at the treatment facility.
Functions of the personal injury lawyer;
1. Conduct a case evaluation to determine if there is a valid claim
2. Provides legal representation to individuals who have sustained injuries in court
3. Negotiate with insurance companies in the interest of the affected clients for a fair settlement.
4. If a settlement is not secured, the lawyer takes the matter to court, persuades the court and justifies the claim by the injured party.
Legal process that the personal injury lawyer undertakes
The personal injury lawyer follows vital steps when dealing with the client’s case;
Initial consultation– the personal injury lawyer meets with the client to determine the case details and explain the legal process to the client. If you are looking for help, you can find one by searching for a family lawyer near me.
This will enable you to get legal aid or legal services quickly. The first session for most family lawyers is always free consultation. It depends on the legal aid policy.
Evidence assessment is a crucial step in the process. The legal attorney meticulously scrutinises all documentary evidence that supports the case, including establishing that the duty of care existed, employment contracts, medical reports, police abstracts, photo or video recordings, motor vehicle assessment reports and any other relevant material necessary to support the claim. This thorough examination ensures that the case is built on a solid foundation.
The lawyer prepares a legal opinion highlighting the strengths and weaknesses of the case, the possible chance of success and the strategy.
After reviewing the case, the lawyer drafts the necessary documents to recover the sustained damages. This includes workers’ compensation, motor vehicle accidents, medical negligence, and general personal injury compensation claims.
The lawyer then negotiates with the relevant parties, advocating for the best possible outcome for their client.
Case filing- the personal injury lawyer prepares the required legal documents to initiate the legal proceedings or the litigation process.
However, the litigation process is unnecessary if both parties agree on a settlement figure.
Factors to consider when determining compensation
a) The complexity of the injury– if the injuries sustained are severe, the compensation should be higher with reliance primarily on case laws.
b) Contributory negligence– if the injuries sustained by the client were partly the individual’s fault, then the compensation may be reduced.
c) Impacts of the injury– if the injury caused long-term effects such as permanent injuries with ongoing medical needs, the compensation is increased.
Some of the reliefs sought are divided into two.
- Special damages are pleaded with material evidence to prove before the court, including medical expenses, repairs, transport costs, and other resulting expenses.
- General damages are awarded due to the infringement of a legal right. The includes loss of earnings, pain and suffering
Benefits of hiring a personal injury lawyer
a) Helps negotiate with an insurance company when a claim is denied or withheld.
b) In cases involving multiple parties, the personal lawyer helps identify all the parties sharing the liability of the case.
c) Helps maximise compensation in favour of the affected client, thus ensuring the clients receive fair compensation.
If you seek legal guidance on a personal injury claim, consult a lawyer in Kenya who will guide you on the necessary steps. It is essential to get legal aid that will enable you to get the proper compensation.