Personal injury

Personal injury lawyer

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The personal injury lawyer is a legal professional specializing in personal injury. We commonly hear, following a bodily accident, that it is essential. For example, to obtain compensation following a road accident . However, it is legitimate to ask the question whether it is essential at all stages of the procedure. Even more, one can wonder how he is remunerated in the event that a person uses his services. In short, this article will focus on the one hand on the mission of the lawyer specializing in personal injury. Then, we will try to explain to you at what point in the procedure the law requires you to justify such representation.

Personal injury lawyer: definition and missions

Before explaining concretely the missions of a lawyer specializing in personal injury, let’s explain what exactly this matter of law refers to.

What is personal injury law?

First of all, we must explain a fundamental difference between two expressions that we too often hear used indistinctly.

On the one hand, the bodily injury directly follows the bodily accident. Thus, it is all the psychological or physical damage following a trauma. For example, it can be consequences following a voluntary aggression or a road accident.

On the other hand, bodily injury is the set of sequelae suffered by the victim of bodily or psychological harm. It can be said that the bodily injury represents the consequence of the bodily injury suffered .

With regard to the law of bodily injury, this is the subject of the law which deals with legal reparation following a psychological or physical bodily injury. In practice, the objective is to obtain financial compensation for all the damage suffered by the victim of bodily injury .

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Briefly explain the situation and the difficulties encountered

The lawyer is above all a legal professional whose objective is to represent his client. Consequently, its mission will be above all to defend the victim to obtain compensation for the bodily injury of the latter. He therefore has a duty to provide legal advice and information to his client.

On the other hand, he will therefore have to take care of the bodily injury file from start to finish. This means that he receives all the documents related to the bodily injury his client suffered. He will therefore have to represent him in front of all the interlocutors of the case as soon as necessary. For example, it may be a medical expertise appointment for his client during which he can intervene to ensure that all of his bodily injuries are recognized. More usually, with regard to this last point, the personal injury lawyer will appoint a medical adviser for the victim. The latter will have the task of assisting with the expertise of the victim to ensure respect for the contradictory.

The amicable attempt to compensate for bodily injury

Once the medical expertise has been carried out, the personal injury lawyer will receive the expert report from his client. Based on the latter, he can negotiate with the insurance of the person responsible for an amount of compensation directly proportional to the damage. This negotiation therefore takes place during the so-called “amicable” phase of the compensation procedure. In this phase, the parties try to reach an agreement to determine the amount covering all of the victim’s bodily injury.

The judicial phase, in the event of failure of the amicable phase

In the event that the parties to the negotiation do not reach an agreement, the specialist lawyer will have to seize a court to obtain the amount of compensation that he considers to be fair. Indeed, it may happen that the lawyer fails to obtain the compensation that he considers fair for his client. In this case, he will have to obtain the agreement of a judge to compel the person responsible to pay compensation greater than that which he had previously proposed.

Is it always mandatory to use a lawyer specializing in personal injury?

As we have previously specified, two phases of the procedure in the law of bodily injury follow one another. First the amicable phase then the judicial phase.

Optional representation in the amicable phase

During the first phase of negotiation, a lawyer specializing in personal injury law is not mandatory. Thus, it is quite possible to directly negotiate the amount of compensation alone. However, this area of ​​law is particularly technical, so there are advantages and disadvantages.

On the side of the advantages, it is of course the financial side since the victim does not have to pay a specialist lawyer. In addition, the progress of his file will not depend on his representative and he will be able to follow his file live.

As for the disadvantages, the main one is the risk of obtaining a lower amount of compensation. The lawyer being a specialist in the procedure and the evaluation of bodily injury , he will negotiate much better than a lay person. Thus, the money not spent on a specialist lawyer is compensated since the compensation is often lower in the end.

To sum up, it is up to the victim to choose what he prefers to do in the case of an amicable procedure for compensation. Our advice is not to take the steps alone, at the risk of missing out on a much higher amount of compensation. Unfortunately, it is not uncommon to find that victims sign transactions too quickly with the insurers responsible and end up with very low compensation amounts. Feel free to find the best personal injury lawyer with our free tool.

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