What Does a Personal Injury Lawyer Do? | Kisling, Nestico & Redick
Kisling, Nestico & Redick, LLC Hurt in a Car? Call KNR.
An Ohio personal injury lawyer brings essential legal experience, negotiating skills, and a thorough understanding of the complexities involved, ensuring you can focus on recovery while they fight for the compensation you deserve.
Written by
KNR Legal
Date posted
June 7, 2024

Personal injury law allows people to seek justice and compensation when injured due to negligence or wrongdoing by others. Whether it’s a car accident, slip-and-fall, or any other situation where harm has been inflicted, personal injury law helps victims recover from various damages—physically and financially.

The Role of an Ohio Personal Injury Lawyer

While everyone has the right to pursue compensation for their losses, navigating the complexities of personal injury law, especially in Ohio, is hard without help. Legally proving fault and causality for an injury are challenging on their own, not to mention when large insurance companies and legal teams work against you.

Personal injury cases require unique legal skills, courtroom experience, and insurance industry knowledge. A personal injury lawyer not only advocates on your behalf but also shoulders the burden of the legal processes so you can focus on your recovery. These professionals are adept at handling the myriad tasks involved, from legal filings to intense negotiations with powerful insurance carriers.

If you or a loved one are hurt because of another’s negligence, don’t try to handle your claim alone or enlist a novice lawyer. Here, we’ll shed light on the function of personal injury attorneys and explain what to expect when you enlist a lawyer’s help.

The Initial Consult / Free Case Evaluation

An initial consultation is where the potential relationship between you and your personal injury lawyer begins. This first meeting allows both parties to establish a rapport and assess the suitability of working together. It’s an opportunity for the lawyer to understand the specifics of your case and for you to gauge the lawyer’s ability to handle your needs effectively.

During the consultation, your lawyer will evaluate the viability of your case by determining fault and liability and examining the circumstances against relevant laws. They will also assess the extent of your injuries, including immediate and potential long-term impacts, which are critical for calculating the required compensation.

The decision to proceed is based on the case’s merits, the potential for adequate compensation, and whether the client-lawyer goals align. This mutual understanding is vital for a beneficial legal partnership to achieve justice and maximum compensation for your injuries.

Document Injuries & Calculate Losses

A personal injury lawyer begins by gathering crucial medical records, police reports, and financial documents. This includes detailing your injuries, establishing the incident’s context, and demonstrating losses like medical expenses and lost wages. Future financial impacts, such as ongoing medical costs and lost earning capacity, are also calculated for severe cases to ensure a comprehensive recovery.

In addition, your lawyer evaluates the intangible impacts of your injury, like pain and suffering, emotional distress, and loss of enjoyment of life. These assessments are based on the severity of your injuries and their effect on your lifestyle, aiming to secure the compensation that fully reflects the financial and emotional toll of your experiences. This detailed valuation is essential for effectively negotiating settlements or advocating in court, ensuring you receive full compensation.

Imagine you’re injured in a car accident and initially receive an insurance settlement offer that barely covers your immediate medical bills. A personal injury lawyer would thoroughly evaluate your case, gather crucial evidence, and respond with information supporting your claim for additional, possibly ongoing medical care and other damages related to the accident.

Investigate & Identify Liable Parties

To find those responsible for injury-causing accidents, personal injury lawyers meticulously investigate the incident, gathering physical evidence, accident reports, and expert analyses. This process is crucial for pinpointing the accountable parties, especially in complex situations.

Sometimes,  fault and liability are clear. However, in cases where the liability is not straightforward, multiple parties might be responsible. For example, in a product liability case, the manufacturer and the retailer can be held liable if a defective product causes injury. Similarly, in a commercial vehicle accident, the driver, the company owning the vehicle, and even the vehicle manufacturer could be responsible, depending on the circumstances.

Through careful analysis and legal strategies, a personal injury lawyer ensures that every party responsible for your injury is identified and held accountable, safeguarding your right to full and fair compensation.

Deal With & Negotiate with Insurance

Insurance policies usually dictate the initial offer and overall compensation available, whether it’s an auto accident or premises liability. Personal injury lawyers must, therefore, navigate these policies to ensure their clients receive the best possible result that fully covers their losses and expenses.

Settlement Negotiations

Negotiating with insurance companies is a critical skill for personal injury lawyers, involving detailed documentation of the claim, expert testimonies, and strategic counteroffers to counteract initial low settlement proposals. These tactics are essential for securing a settlement that fully compensates for the client’s injuries and losses rather than accepting the insurer’s initial offer.

Overcome Insurance Tactics

Personal injury lawyers know how to respond to low-ball offers, disputes over liability, and insurance company delay tactics. To overcome these, lawyers employ persistence, file formal lawsuits to leverage better offers, and sometimes engage independent industry experts for an unbiased damage assessment. These strategies ensure that insurance companies fulfill their obligations, helping to secure fair and full compensation and effectively level the playing field against well-equipped insurers.

Collect Evidence & Build Your Case

To build the best possible personal injury case, lawyers gather a wide array of evidence, from physical items like damaged property to digital evidence such as surveillance footage and mobile phone records. Testimony from eyewitnesses and official documents like police and medical reports are also fundamental. These elements help paint a detailed picture of the incident and its aftermath.

Experts may also play an integral role through their insights. For example, medical experts detail your injuries and outline future treatment needs, while economic experts calculate your financial losses and expenses. This expertise is vital for showcasing the full impact of the incident on your life.

Suppose a drunk driver hit you. Your lawyer would use traffic camera footage to establish that the other driver was at fault for being impaired, collect medical records to document your injuries, and employ an economist to project the economic losses due to your time away from work. They then take this information to form a compelling legal argument that aligns with legal precedents, ensuring your claim is well-supported and justified.

Take Injury Cases to Court (When Necessary)

Deciding to go to trial in a personal injury case hinges on several factors, including the adequacy of settlement offers, clarity of liability, strength of evidence, and client preference. If negotiations fail to yield a fair settlement, or if it’s believed that a jury might award more substantial compensation, taking the case to court becomes a strategic choice.

However, preparing every case as though a trial is inevitable makes them as strong as possible. Personal injury lawyers undertake strategic planning and trial preparation to secure justice for their clients. This preparation involves exhaustive research, interviewing witnesses, strategic motions, and mock court to anticipate potential jury reactions.

Personal injury trials have distinct phases, beginning with discovery, opening statements, and presenting evidence. The process continues with witness testimonies and cross-examinations, culminating in closing arguments to solidify your case. After deliberation, a judge or jury delivers a verdict, determining the outcome and compensation.

The Value of a Personal Injury Lawyer

A personal injury lawyer serves as a crucial advocate for those injured due to others’ negligence. With their knowledge and skills, they manage the legal proceedings while clients can focus on recovery. This professional guidance is essential for achieving a fair and just resolution, which might otherwise be unattainable for individuals facing well-resourced insurers and opposing legal teams.

Hurt in Ohio? Call KNR

If you or someone you know has been injured in Ohio due to someone else’s actions, consider contacting a personal injury lawyer with KNR for a consultation. As one of the state’s premier personal injury law firms and with a record of success, with our help, you can explore all your legal options and recover the compensation you need. Don’t navigate this challenging time alone; professional legal assistance can make a real difference.

Get a Free, No-Risk Free Consult

With 12 office locations, 30+ attorneys, and millions recovered for thousands of injured Ohioans, call KNR today at 1-800-HURT-NOW to schedule a free, no-risk consultation with an experienced Ohio personal injury lawyer.