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What does a Personal Injury Lawyer Do

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What does a Personal Injury Lawyer Do

By  Dan McCrary | June 21, 2023

Personal Injury Lawyer: What Do They Do?

Unearth the crucial role of personal injury lawyers and how they navigate complex legal processes to secure compensation for injury victims.

Get the lowdown on what a Personal Injury Lawyer does! From negotiating settlements to court representation, see how they ensure justice for injury victims.

If you suffer a severe injury, enlisting personal injury lawyer to handle your claim is crucial. But what exactly is the main role of a personal injury lawyer? While many know their expertise in car accident cases, these lawyers extend their assistance beyond vehicular incidents. Personal Injury Lawyers, specialize in various practice areas within personal injury law.

This blog post ultimately aims to shed light on the main aspects of personal injury lawyers and everything you need to know about personal injury lawyers.

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Who is a Personal Injury Lawyer?

Personal injury lawyer is a civil solicitor who presents legal representation to individuals who have been physically or psychologically offended due to the negligence or carelessness of another person, company, or entity. These lawyers specialize in an area of law known as tort law, which includes private or civil wrongs or injuries, including defamation and breach of contract.

Main purpose of tort law is to make the offended party whole again and to demoralize others from committing the same offense.

Who Should Consider a Personal Injury Lawyer?

Injured parties in accidents or other incidents resulting in personal injuries can benefit from hiring a personal injury lawyer. If you've been harmed in a car crash, suffered a slip-and-fall injury, or have been a victim of a personal injury lawyer can assist you.

Similarly, if you've sustained injuries from defective products, toxic exposure, or workplace accidents, a personal injury lawyer can lead you through the legal maze to help you secure appropriate compensation.

What are the Responsibilities of Personal Injury Lawyer

Personal injury lawyers have numerous responsibilities when serving their clients. These duties encompass both professional and moral rules and codes of conduct put forward by state bar associations.

Case Assessment

They begin by evaluating the case and identifying the distinct issues within the client's larger problem.

Legal Advice

They provide legal advice concerning the claim. This includes informing the client about their rights, explaining legal procedures, and providing a realistic expectation about the claim's possible outcomes.

Negotiations

Lawyers negotiate with insurance companies or defendants to reach a fair settlement. They ensure the settlement covers all damages, including medical bills, lost wages, and non-financial damage like distress and suffering.

Documentation

Personal injury lawyers prepare and submit necessary legal documents on behalf of their clients. They ensure everything is accurately filed to avoid any possible legal complications.

What Kind of Accidents Do Personal Injury Lawyers Cover?

Personal injury lawyers cover a broad range of incidents. Their services aren't limited to just car accidents or slips and falls. Some common types of accidents and incidents they handle:

Motor Vehicle Accidents

This includes car accidents, motorcycle accidents, truck accidents, bicycle accidents, and pedestrian accidents. They can handle cases involving drunk driving, reckless driving, and hit-and-run incidents.

Workplace Accidents

These involve any injuries that occur on the job. It may include construction accidents, industrial accidents, and incidents of employer negligence.

Premises Liability Cases

These are incidents where an injury occurs on someone else's property, such as slip-and-fall accidents, swimming pool accidents, and accidents due to inadequate security.

Product Liability Cases

These cases involve injuries caused by defective or dangerous products. Lawyers can help you sue the manufacturers or distributors of such products.

Wrongful Death Cases

If someone dies due to someone else's carelessness or intentional action, the decedent's loved ones can file a wrongful death claim.

Dog Bites or Animal Attacks

Owners can be held accountable for bruises caused by their pets under certain circumstances. Understanding the range of accidents personal injury lawyers cover, you can ensure you're seeking help in the right place should you or a loved one experience such unfortunate incidents.

Personal Injury Claim Process

Personal injury claim process entails several key steps that victims must navigate to seek compensation for their injuries and losses. Understanding this process is crucial for those involved in personal injury cases. Here's an overview of the main stages:

Initial Consultation

Personal injury claim process begins with an initial consultation with a personal injury lawyer. During this crucial step, the lawyer will assess the details of the case, including the essence of the injury, the situations surrounding the incident, and the potential liability of the responsible party.

Filing a Lawsuit

If a fair settlement cannot be reached through negotiations, the next step in the personal injury claim process is filing a lawsuit. This involves:

  • Preparing the necessary legal documents, known as a complaint.
  • Submitting it to the appropriate court.

The complaint outlines the details of the incident, alleges the defendant's negligence, and states the compensation sought by the victim. Once the lawsuit is filed, the legal proceedings begin, leading to the discovery phase and, eventually, the trial.

Negotiations and Settlement

In many personal injury cases, negotiations occur before or during the trial. The victim's personal injury lawyer discusses the case with the defendant's legal team or insurance company to reach a settlement agreement. This process involves:

  • Presenting the evidence
  • Evaluating the damages
  • Negotiating the compensation amount

If a decent settlement can be reached, it can save time, costs, and the uncertainties associated with a trial. However, if negotiations fail, the case proceeds to trial, where judge or jury will make a terminal determination.

Navigating the personal injury claim procedure can be intricate, so having an experienced personal injury lawyer ( just like McCARY LAW FIRM have ) by your side is essential. They will guide you through each stage, protect your rights, and work assiduously to secure the compensation you deserve.

Clarifying the Role of Personal Injury Lawyers

Personal injury lawyers are lawful professionals who specialize in providing representation and support to individuals who have suffered harm due to the negligence or misconduct of others. Let's delve deeper into personal injury lawyers' specific responsibilities and tasks to understand their role better.

Thorough Case Evaluation

Personal injury lawyers offer an in-depth analysis of your case. They examine every detail, scrutinizing the circumstances of the mishap, the extent of your injuries, and the potential liability of other parties. This critical evaluation sets the foundation for your claim.

Legal Advice and Guidance

They provide essential legal advice, helping you understand complex legal procedures and terminologies. Outlining your rights and options guides your decision-making process, ensuring that each step you take serves your best interests.

Negotiation with Insurance Companies

Insurance companies often employ tactics to reduce or deny claims. Your personal injury lawyer is your advocate during these tough negotiations, striving to secure the best possible settlement for your injuries and losses.

Emotional Support and Client Advocacy

Beyond their legal responsibilities, personal injury lawyers also offer emotional support during this challenging time. They empathize with your situation and champion your cause, providing much-needed security and advocacy.

Notes and Personal Suggestions

Finally, based on their experience, personal injury lawyers offer personal suggestions to help strengthen your case. This might include, advising you on how to communicate with insurers, and providing tips to help you deal with the aftermath of your injury.

Conclusion

Navigating through the complications of a personal injury claim can be challenging, especially when dealing with an accident's physical and emotional aftermath. Personal injury lawyers provide invaluable guidance during these trying times, ensuring your rights are protected and you receive the compensation you deserve. Understanding their roles and responsibilities is critical to appreciating the significant value they bring to your claim.

Now if you’re facing the labyrinth of a personal injury claim alone is overwhelming. But, remember - you don't have to. It's time to turn the tables in your favor. Our team of seasoned personal injury lawyers is standing by to help, armed with expertise, dedication, and a track record of success. They are your beacon during these trying times, ensuring your rights are not only protected but respected.

Why take on this battle alone when we're here to stand by your side, ready to fight for the compensation you rightfully deserve? Give yourself the advantage. Book your FREE, no-obligation consultation today. There's nothing to lose and everything to gain. Don't let this moment pass - because you matter, and your claim is worth fighting for. Click here now - Justice is just one Click Away!

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    Choosing a Personal Injury Attorney

    Choosing a Personal Injury Attorney

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    What To Consider When Choosing A Personal Injury Attorney?

    What to consider when choosing a personal injury attorney?

    Although this process can be difficult for the average person, there are many things to consider when choosing a personal injury attorney. A personal injury attorney should be a person who you can always trust. Not only do qualifications and experience make a difference in your decision, it is important to remember that an attorney should always look out for your best interests. Not all California injury attorneys practice solely personal injury and they do not all have the same qualifications and experience.

    Next time you find yourself in need of an attorney there are a few points to keep in mind: Does the attorney have the experience to represent you for your injury?

    Trial experience does matter when handling personal injury cases. Choosing a personal injury attorney with jury trail experience is beneficial in two ways. First, it is without doubt that an

    experienced trial attorney will be able to recover significantly higher settlement amounts in both mediation and arbitration. Insurance companies know which firms are ready and willing to take a case to trial and which are not. An attorney with great experience will be able to net a much more significant settlement amount and will not be afraid to litigate a case. Having or choosing personal injury attorney who is comfortable in a courtroom will be able to stand up against insurance companies. In doing so, if the case does not settle in arbitration or mediation the next step is a jury trial. It is important to have an attorney with experience in trying a case before a jury. This experience can be found on the attorney’s website or even through Yelp.

    Research is important in choosing a personal injury attorney. The more experience your attorney has, the more familiar they will be with the laws and previous cases that are similar to your particular case. They will also know the types of questions and information that will be valuable to your lawsuit. They will know the right questions to ask and the best information to gather. They will also understand how trials go, and the best image that needs to be presented for the trial to go in your favor.

    If you do this research upfront, you will be able to rest easy through the rest of the process knowing you have a competent lawyer pushing hard to maximize the value of your individual case—because they handle less volume of cases and make their money by maximizing the value of each case. Don’t get hammered by a wrong decision when it comes to hiring or choosing personal injury attorney when you have a significant injury. After all, you only get one swing at getting it right.

    Will the attorney be available for you to answer any questions regarding your case?

    The first time you contact an attorney, they will generally do an intake which allows them to gather all the information necessary information relating to the facts of your case. An attorney should be available to answer any questions regarding your case. There is nothing worse than calling an attorney multiple times with no response. Although attorneys can be quite busy, they should be diligent in returning phone calls and answering questions that you, as a client, might have. Communication is key between the client and attorney. Often times, insurance companies will continue to contact an injured party until it is established that representation has occurred.

    Because of the sensitive nature of lawsuits following an accident, it is important to hire an attorney quickly because the insurance companies will be calling to settle without representation. This often leads to a lower settlement amount as opposed to settling with an attorney on your side. Although it is important to have an attorney, this decision process should not be made quickly. It is often best to ask questions regarding your representation to get a clear understanding of what to expect from your attorney. Best way to find if the attorney will be best for you is to schedule a consultation.

    Schedule a Free Consultation

    At McCrary Law, we give every potential case that comes through our doors the attention it deserves. We will be open and honest about what we feel your case is worth and the chances of us obtaining a favorable outcome for you. If we decide to move forward with your case, you will have close contact with your attorney throughout the entire process. Contact us today to speak with a me regarding your accident.

    Click here to setup a free consultation. For more information, contact us directly at 916-579-7477.

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    X Things to Consider When Hiring a Personal Injury Lawyer

    X Things to Consider When Hiring a Personal Injury Lawyer

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    Have you or your loved one been injured due to negligence or willful action of another? If so, you can file a personal injury lawsuit to get compensation for your injuries.

    An experienced personal injury attorney will help you get the compensation that you deserve. Here are some of the things you should look for when hiring a Sacramento personal injury lawyers .

    If you have a personal injury case, you may be able to file a personal injury claim against the responsible party to pursue compensation for all of your unnecessary pain and suffering

    1. Experience

    Trial experience does matter when handling personal injury cases. Having a personal injury lawyer with jury trail experience is beneficial in two ways. First, it is without doubt that an The foremost thing you need to consider when hiring a Sacramento personal injury lawyer is experience. You must select an attorney who has years of experience working in the field.

    Keep in mind that the fees of an attorney with little or no experience may be lower. But it might cost you more as compared to hiring the services of an experienced personal injury attorney. In fact, you may end up wasting money if you hire an attorney with zero experience.

    You must schedule a one-to-one interview with the attorney to know about the experience. You can ask a series of questions regarding the past work to know if the lawyer is knowledgeable and experienced. The chances of a successful case outcome will increase when you hire an experienced attorney.

    2. Area of Expertise

    Personal injury cases can arise due to different factors. The lawyer you hire must have experience in your personal injury case.

    3. Lawyer Assigned to Your Case

    Remember that the lawyer providing the initial consultation may not be the person who will look over your case.

    The case may go to another lawyer or even another law firm. Some lawyers are marketing representatives rather than practicing lawyers.

    You need to specifically ask who will look after your case. You must ask during the initial consultation about the lawyer who will handle your injury case. You can then read online reviews on Avvo about the lawyer who will handle your case.

    4. Legal Fees

    The first time you contact an attorney, they will generally do an intake which allows them to You need to be upfront about the total fees charged for the legal services. Some lawyers charge a fixed fee while others charge contingency fees that depend on the outcome of the case. The contingency fee of a personal injury case is typically between 30 to 40 percent of the total amount awarded by the court.

    Some lawyers charge pre-trial costs – court reports, expert witnesses, legal pleadings, etc. – in advance. Others won’t charge you anything and reimburse the costs from the recovered amount. You must ask the personal injury lawyer about the details of the fees before signing anything.

    Hiring a personal injury lawyer will increase the chances of a successful claim. McCrary Accident Injury Law Firm is a reputable Personal Injury Law Firm in Rocklin, CA. We offer expert counsel regarding personal injury cases to the residents. Send us an email or call us today at (916) 579-7477 to schedule your free consultation.

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    When Can You File a Product Liability Lawsuit?

    When Can You File a Product Liability Lawsuit?

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    Businesses in the US are required to inform the Consumer Product Safety Commission (CPSC) about potentially hazardous or defective products that they manufacture, import, distribute and sell to the public.

    But manufacturers often don’t recall defective products, or fail to warn the public about the dangers associated with the products. They knowingly sell defective products, putting profits above the lives of individuals. As a result, consumers get injured or killed for which the manufacture will be held liable.

    If you or your loved one has been injured or killed due to a dangerous or defective product, you should file a product liability lawsuit to claim compensation.

    Product Liability Statute of Limitations

    Individuals who get hurt due to a defective or dangerous product can file a lawsuit under different categories. They can file a case under the following categories:

    • Defective design
    • Defective manufacturing
    • Failure to warn

    The manufacturer, distributor, or retailer will be liable for personal injuries sustained due to any of the above reasons.

    But you must file a product liability lawsuit soon after sustaining injuries due to a defective product.

    Every state has set a time limit known as the statute of limitations for filing product liability cases. You must file a lawsuit for defective products within the specified time frame. Not filing the lawsuit within the specified time frame will prevent you from getting compensation from the guilty party.

    The period specified in the statute of limitation for product liability cases ranges between 1 and 4 years in the US. In California, the product liability statute of limitations is 2 years. You must file the case within the time frame otherwise you lose the right to make the guilty party responsible for the injuries due to a defective product.

    Where Can You File a Product Liability Case?

    You must file a product liability case in the state where the manufacturer, distributor, or retailer is located. The statute of limitation will depend on the state where you file the lawsuit.

    Remember that the statute of limitation starts when the injury occurs due to a defective product. However, sometimes injuries such as brain injuries are not apparent immediately. In some cases, it takes years for a defendant to know about the injury. In such a case the clock starts when the individual discovers or a reasonable person should have discovered the injury due to a defective product.

    Conclusion

    Manufacturers have a legal obligation to the public. They should not sell products that pose a significant danger to the safety and health of the individuals under normal usage. Individuals who have been injured due to a defective product must contact a personal injury lawyer in Folsom, CA to file a product liability lawsuit against the manufacturer.

    The clock is ticking and you need to act fast to claim compensation from the manufacturer for injuries due to a defective product.

    The personal injury attorneys at McCrary Accident Injury Law Firm have detailed knowledge and experience in the field of product liability. We offer expert legal counsel and help to residents in Rocklin, CA. Contact us today at (916) 579-7477 for a free initial consultation regarding a product liability lawsuit.

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    How Long Does a Personal Injury Lawsuit Take?

    How Long Does a Personal Injury Lawsuit Take?

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    How Long Does a Personal Injury Lawsuit Take? | McCrary Law Firm

    According to the National Center for Health Statistics, nearly 25 million people seek emergency medical attention for accidental injuries each year. If your injuries were caused by the careless or reckless conduct of another party, you can file a personal injury claim to recover financial compensation for your damages, including medical bills, lost wages, and pain and suffering.

    You may be wondering: How long does it take to bring a personal injury lawsuit in California? The answer depends on many different factors—and it is important to emphasize that many personal injury cases are settled before any trial. In this article, our Rocklin personal injury attorney provides a comprehensive overview of the average timeline for a California personal injury case.

    Personal Injury Guides: What to Know About the Timeline of a Legal Claim

    After an accident, it is normal to have a lot of questions running through your head. Most people want to know how long they should expect their case to take. Unfortunately, there is no one answer to this question—the timeline can vary dramatically based on the severity of your injuries and the complexity of your case. In the fastest cases, a personal injury case may settle within a few weeks. On the other of the spectrum, personal injury litigation can take years. Here is a brief overview of the timeline in an accident and injury case in California:

    • Medical Treatment: You should get immediate medical attention after an accident. Your health and well-being always come first. Make sure you get the ongoing and follow-up care needed to make a maximum medical recovery. You will not be eligible to bring a personal injury lawsuit without medical records.
    • Investigation of the Accident: All serious accidents require a comprehensive investigation. The investigation should start promptly and continue until all evidence is discovered. Whether you were hurt in a traffic collision or a slip and fall, we need to know exactly what happened and why. Personal injury cases are based on fault. You need to prove the defendant’s liability to recover compensation.
    • Notification & Demand: To bring a successful personal injury claim, a plaintiff must notify all applicable defendants and their insurance carriers. In most cases, your attorney will send a demand letter within a few weeks of being hired. A demand letter is official legal notice that you have a claim and you are preparing to pursue compensation.
    • Settlement Negotiations: Not all personal injury claims require a lawsuit. Even if a lawsuit is required, the case may still be settled outside of court. How long settlement negotiations take depend on the severity of your injuries, the value of the case, and strategy of the defendant’s or insurer’s cases. Though, on average, settlement occurs within months of an accident.
    • Personal Injury Litigation: Sadly, not all defendants or insurers are willing to settle a claim for full and fair value. You always have the right to file a lawsuit and take your case into a California court. With some exceptions, it usually takes one or two years for a trial verdict in personal injury litigation.

    As every personal injury case has its own contours, it is crucial that you receive the personalized representation that you need to get a successful outcome. When your claim is handled the right way, you will be able to navigate the claims process more efficiently and more effectively, Of course, personal injury claims should not be rushed. With a strong, well-presented case, you will be in the best position to maximize your compensation.

    You Must File a Lawsuit Before the Deadline: You must file a lawsuit before the statute of limitations expires. Under California law (California Code of Civil Procedure § 335.1), most personal injury cases are subject to a two-year statute of limitations. If you fail to take legal action within two years of the date of the accident, you could lose out on your opportunity to get the full and fair financial support you rightfully deserve.

    Most Accident and Injury Claims are Settled Outside of a Lawsuit



    It is important to emphasize that only a small percentage of personal injury claims are resolved at trial. While comprehensive data is difficult to come by, the Bureau of Justice Statistics (BJS) estimates that fewer than five percent of personal injury cases go to trial.



    That being said, defendants and insurance companies will not offer a full and complete settlement unless you can present a strong, well-supported case. Further, in some circumstances, personal injury claims are not settled until after a lawsuit is filed.

    If you or your loved one was hurt in an accident in Northern California, it is essential that you hire a top personal injury attorney. Your lawyer will put together a case, represent you in settlement negotiations, and take the action needed to protect your rights and interests.



    You Deserve Full Compensation in Your Personal Injury Case


    • Emergency room treatment;
    • Medical bills and other costs;
    • Rehabilitative care;
    • Mental health counseling;
    • Loss of current and future income;
    • Pain and suffering;
    • Mental distress;
    • Scarring or disfigurement;
    • Permanent physical impairment; and
    • Wrongful death of a loved one.

    How California Personal Injury Attorney Dan McCrary Can Help


    Personal injury cases are complicated. Even relatively small mistakes can result in the delay or denial of your claim. Skilled in personal injury litigation, Dan McCrary, Esq knows how to get results for clients. With more than 14 years of experience representing insurers in personal injury claims, he knows exactly how these companies operate. When you reach out to our Rocklin law office, you will have a chance to consult directly with a personal injury lawyer who will:


    • Conduct a free, comprehensive review of your case;
    • Explain your rights and answer questions about the next steps;
    • Investigate your accident—gathering evidence of liability and damages;
    • Represent you in settlement negotiations with defendants and insurers; and
    • Take your personal injury claims as far as needed to maximize your financial support.

    We know how frustrating the personal injury process can be. You need money to pay your bills now—our legal team is ready to take action to ensure that your case is resolved in a timely manner and you are able to get the full financial compensation you rightfully deserve. With the McCrary Accident Injury Law Firm, you never need to worry about the cost of hiring a five-star personal injury attorney. We represent injured victims on conteincy, so no upfront fees or out-of-pocket expenses.

    Call Our Placer County, CA Personal Injury Lawyer for Immediate Help


    At McCrary Accident Injury Law Firm, our California personal injury attorney is a skilled and results-oriented advocate for victims and their families. You are not alone—our team is here to help you navigate your claim. If you have questions about the length or timing of the personal injury process, we are more than happy to help. Contact us at 855-PLANDAN to set up a free, no obligation review and evaluation of your personal injury case. From our office in Rocklin, we represent injured victims throughout Placer County, including Auburn, Roseville, Loomis, Lincoln, and Colfax.