Wednesday, April 21, 2010

Brain Injury: What a Personal Injury Lawyer Can Do

A brain injury is something that can’t be seen from the outside. If you or someone you love has had to suffer a brain injury because of the negligence of someone else, then it is time to see a personal injury lawyer. This is going to be your only option to ensure that justice is done.

A personal injury lawyer will prove to a court that you’re injured and then use that proof to get the compensation that you deserve. There are too many individuals out there today who have suffered brain injuries in an accident that was not their fault. Too many of them have not sought any type of justice to help them better deal with their condition. Is it just the principle of things? If so, it is still justice being served.

The first step

The first step to getting the compensation you deserve is to first consult with an injury lawyer. You simply make an appointment and it is very likely that you will receive a free consultation. During that free consultation, the injury lawyer will determine if you have grounds to sue for damages. The lawyer will listen to your story and will then collect any information that is available on the accident. For example, the lawyer may retrieve a police report from the police department if a report was filed.

After the injury lawyer has assessed all of the information, he or she will let you know whether or not they will take the case. If they feel that there is enough information and enough evidence that the injury was of no fault of your own, then they will start discussing fees with you. Usually, you don’t have to pay unless you win. If you lose, you pay nothing. That is how much faith the injury lawyer has that he or she will win your case for you. That is why they must consult with you first.

In court

When in court, you will have to testify about the accident. The defendant may have to testify also. In the meantime, your injury lawyer will present any evidence that is available to prove your case. After everyone speaks about what occurred, the jury will make the decision of whether or not the defendant is guilty for your injury. If they feel that the defendant is guilty, they will make a decision regarding the compensation you need.

Your injury lawyer will be sure to cover any lost wages, pain and suffering, and punitive damages in his claim. That way those items will be covered in the reward. The injury lawyer will also calculate an amount to be rewarded and the jury can reward that or an amount that they see fit, which is normally more than the requested amount. However, the defense can always appeal.

In some cases, the defense may also settle to keep the injury case from reaching a jury trial. This can sometimes be acceptable, depending on the amount being settled upon. Many settlements are reached each year.

Take immediate action

It is very important to take immediate action after an injury has occurred. That way any memory of the accident is fresh and the evidence is fresh. The longer you wait, the harder it is going to be to pursue the case. You want your injury lawyer to be able to address every angle of the case. That way you have a better chance of the lawyer taking the case and of you winning. After you have won, you can then let out a sigh of relief because justice was served. Many of your worries are also taken away.


Source of Article: http://www.isnare.com/?aid=308951&ca=Legal

1 comment:

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