When you suffer injury because of another person’s negligence, you are entitled to remedy in the form of damages in a court of law. As the plaintiff, you will have to prove three main things: existence of a duty of care, breach of that duty and damage as a result of that breach. That has been the general rule from the year 1932 following the landmark case of Donoghue Vs Stevenson.
But as you will find out sooner or later, a personal injury claim is not as straight forward as it may seem. You could institute a negligence claim only to lose the case without even getting a dime. It gets worse when you are the one to pay the costs of the other party. Long story short, a negligence claim is highly technical. You will need the services of an injury attorney Madison IN and a good one for that matter. What are the qualities to look out for in the injury attorney?
First on the list is experience. Every Attorney may have the credentials. But papers alone will not win a negligence claim. Remember that insurance companies are mainly the defendants in negligence suits. They will go out of their way to hire the most qualified Attorneys who will rigorously defend the cases. They will look for ways of avoiding compensation. They may not even engage in fair play. You are therefore up against a worthy opponent so to speak. To win the battle, you need the most experienced attorney at the forefront.
The second quality of a good injury attorney is specialization. Now, legal practice is quite wide. While any practicing lawyer may know some things about a negligence suit, it takes the highly specialized to successfully prosecute one. One challenge in negligence suits is directly linking the defendant’s actions to the plaintiff’s damage. The link must not be too remote. It must be proved that but for the defendant’s conduct, the plaintiff would not have sustained any damage. This is a highly technical process which calls for the most specialized.
A good injury attorney Madison IN should prosecute the plaintiff’s case zealously. Owing to the high stakes of the case, defendants will do everything within their power to exempt themselves from responsibility. Delaying tactics will also be explored to frustrate the plaintiff. Nothing other than zeal is required for the case to be pleaded successfully.
As we conclude, make sure you hire the services of an Attorney who has renewed his/her practicing certificate for the current year. Ensure that there are no disciplinary cases pending against the lawyer.
Other qualities of a good injury attorney would include competence, diligence, and confidentiality. But the list is still not exhaustive. A plaintiff should play his part in conducting research and selecting the best lawyers.
A good injury attorney in Madison IN must exhibit competence, diligence, confidentiality and professionalism.
Contact Alcorn, Sage, Schwartz & Magrath LLP