By Sean Boelman
If you have been injured in a car accident, truck accident, slip and fall, or other accident that has caused significant injuries, you are probably looking to file a personal injury claim against the insurance company of the person responsible. However, with so many options for which lawyer to choose, how do you know that you are hiring the best litigation lawyer for your case? The stakes are incredibly high, after all.
When a personal injury lawyer takes on your case, they will review the details of your claim and send a demand letter to the negligent party’s insurance company.
“This demand letter will outline the extent of your injuries, the amount of damages they caused, and any evidence your lawyer has to support the claim,” explains Kimberly Raab, partner at Richmond-based litigation law firm Burnett & Williams. “We will then state the amount of money you are seeking as compensation.”
How a litigation attorney will handle your case
Once your personal injury lawyer sends your claim to the negligent party’s insurance company, the insurance adjuster will review the demand letter and will come back to your attorney with a preliminary offer, typically less than what you initially asked for. If you are not happy with the offer you received, your attorney will begin a negotiation process of back-and-forth counteroffers, which can often last weeks or months. But sometimes, your attorney and the insurance company simply aren’t able to agree on a fair settlement.
Although the insurance adjuster’s first offer is rarely their best or final, they may continue to give you lowball offers. If your attorney feels that you are not getting the compensation you deserve, they may suggest that you do not accept the settlement offer and instead take your case to a civil trial to be heard by a judge or jury.
Many times, commercial insurance companies dispute the damages that your attorney claims, especially with intangible losses. Medical bills and property damage (when accompanied by appraisals) are pretty cut-and-dry, but other factors like pain and suffering and lost earning capacity are much harder to quantify. The insurance company might attempt to dispute the severity of your injury or disability to reduce the payout, but your litigator will want to ensure that you have the security to live out the rest of your life comfortably.
Insurance companies might also reduce or avoid payment by disputing liability. There are a variety of tactics that insurance companies might use to attempt to put some portion of the blame on the victim instead of their client’s negligence. For example, in a car accident case, the other driver’s insurance company may attempt to claim that the victim was impaired or tired, or that their vehicle was not properly maintained. Or in a slip and fall case, it is common for insurance companies to linger on factors like whether the shoes the victim was wearing were appropriate for the conditions or whether they were adequately attentive to their surroundings.
A key matter to keep in mind with disputed liability is whether your state has a comparative or contributory negligence law. Many states in the USA operate under comparative negligence, meaning that victims are compensated based on the percentage of liability the defense is found responsible for. However, some states, including Virginia, have contributory negligence laws, meaning that if the victim is found to be even 1% at fault for their injuries, they could be barred from receiving damages of any kind through civil litigation.
Some complex cases also may not be able to be resolved in a settlement, which can lead to a civil lawsuit. For example, cases that involve catastrophic injuries or permanent disability typically have value far beyond what an insurance company is comfortable offering in a settlement, so they may be willing to take the risk of going to trial in the hopes of paying less or not at all. Or, in cases with multiple defendants, such as a landlord and a tenant, insurance companies may go to trial to attempt to push more of the liability onto the other party.
Why hire a litigation lawyer for your civil case
When your personal injury case must go to trial, it is important to have an experienced litigation attorney on your side.
“You want someone with a track record of winning cases in court, as you know these people will be best prepared to help argue your case and stand up for your legal rights,” says Raab. “Many law firms brag about settlements, but if your case goes to a lawsuit, you want a lawyer who knows who has genuine courtroom experience taking a case from a lawsuit to a jury verdict, not just experience settling cases. So, research the firm for cases it has actually tried to a verdict. For our firm, Jim and I recently tried a case to a $4,350,000 verdict in a conservative venue. Leading lawyers bring with them not only experience in the courtroom but also resources that could help their client win.”
Some of the resources that a trial attorney will bring to the table include a more in-depth discovery methodology, which can allow them to present evidence to strengthen your case, and expert witnesses to add credibility to their claims. Many law firms have a network of medical experts, accident reconstruction specialists, and other professionals whose testimony can paint a better picture of your injuries and the negligent party’s liability.
Why Burnett & Williams is the best litigation law firm for your Virginia personal injury case
“If you or a loved one has been injured due to someone else’s negligence in Virginia and are looking for a personal injury litigation lawyer, contact Burnett & Williams for a free consultation today,” concludes Raab. “Our team consists of former insurance defense attorneys, so we know what to look for and how to argue your claim in court. Let us review your case and determine if we can help you advocate for the compensation you deserve.”
