When a person is injured due to the negligence or wrongful conduct of another, the law recognizes the victim’s right to recover for the damages he or she has suffered. A personal injury or wrongful death may occur as a result of an automobile or trucking accident, a slip and fall on unsafe premises, a dangerously defective product, or professional incompetence in a case of medical malpractice. Damages which are typically recoverable include property damage, present and future medical expenses, lost wages in the present and from any future diminished earning capacity, and noneconomic damages such as pain and suffering and emotional distress.
Recovering these damages from a negligent defendant or insurance company is not always an easy matter, and often requires litigation to achieve a satisfactory verdict or settlement. Winning a lawsuit requires the injured party to prove all the facts of the case, including concerning the accident itself, the defendant’s fault, and the extent of the injuries suffered. Even though the vast majority of cases settle before going to court or in the early stages of a trial, having an attorney with a reputation for success in the courtroom is as important or more as the strength of your case. Insurance companies tend to evaluate cases and make settlement offers with the plaintiff’s choice of legal counsel in mind. It therefore enhances your bargaining power to have an attorney who is not afraid to take your case to trial.