When people think of lawyers, they think of the courtroom proclamations on television, surprise witnesses, and last minute reveals. When it comes to personal injury, it’s not so glamorous—and if we’re being honest, that’s the point. One would expect excess compensation from behind-the-scenes efforts that would normally be the difference between triumph and disaster for anyone but the insurance company.
The more a lawyer works behind the scenes to establish a claim, the better it is for negotiated settlement (even if no court time results).
The Investigation
Once a lawyer takes on a claim, an investigation occurs. In simple terms, they need to acquire police reports, medical records, witness information, pictures—anything that shows what happened and what injuries occurred.
But simpler said than done. While a civilian wouldn’t know where to go to get their medical records and the representation of victims, with due diligence, a lawyer knows where requests have to go, which forms are need and how to play the system when there’s no good response in a timely manner.
For example, lawyers need medical records from hospitals or doctor’s offices regardless of whether that’s where their clients are treated. However, no hospital employees are going to turn record acquisition in without appropriate time. Therefore, a lawyer knows who to talk to and how to ensure that what’s needed gets in on time with no excuse. They also know what’s most important; if something is missing, they can tell.
It’s not only getting what’s already there. A lawyer might investigate the scene of an accident themselves if the police report is lacking and take their own pictures, gauge what’s there before any evidence is lost over time. They might even talk to witnesses before memories fade, even investigating similar incidents to see what kinds of equity have been negotiated in other courts.
Establishing the Medical Nexus
More importantly, establishing medical nexus—that what happened was due to the accident—holds significant weight in injury claims. Insurance companies will do anything to claim previous injuries or independent incidents—diluting a payout; lawyers will do anything with medical professionals to establish a connection.
Thus, lawyers comb through medical records and they matter if they don’t find what’s needed and someone else fails to connect the dots. Lawyers know what needs to be clarified and those who don’t take the time to explain their diagnoses or prognoses can be investigated by lawyers for cause and effect.
Lawyers can refer clients to independent medical examinations or third-party experts who can glean from them and compile credibility that supports continued argument.
Law offices like TSA Law Office work hard in this regard because this documentation serves as nexus not only for injuries sustained but determination of applicability in whatever happened.
For example, lawyers note ongoing medical developments. Even future injuries play a big role in case value attribution; what will be required on medical terms holds strong impact for payouts for lawyers get medical professionals involved to outline future needs as well as costs associated with such efforts.
Dealing with Insurance Companies
Insurance company claims adjusters are maddening; many call injured victims before they ever have a chance to reach out themselves. Beyond that, all communications go through lawyers so nothing is misconstrued and new legal accommodations aren’t established through stupid things injury victims say.
Lawyers handle everyday communications through insurers—sending documents across, answering questions, asking for clarification and pushing back against incompetent claims. This is part of longer established casework from start to finish.
Where insurers are looking out for payouts—lawyers take note of days spent going back and forth on an entry or holding off months down the line as justification for treatment not necessary or injuries not as bad as argued prior.
Insurance companies aim to shell out money but they do not like lawyers calling them out.
Establishing Value
Real value within injury claims comes from much more than just establishing totality of medical bills accrued; it also contains lost wages (time taken off work for treatment and recovery) not to mention lost future earning capacity (if someone has permanent injury implications). Thus pain and suffering and loss of enjoyment comes into play along with additional non-economic damages.
A layperson wouldn’t know where to begin; a lawyer knows lost wages through research (how long people are expected out vs how long people normally take in this realm) vs local verdicts for other cases so realistic ranges can be determined.
They also know all potential recoverable options; if someone was injured in a bus accident but also had uninsured motorist coverage or third party liability exists—it must be explored. Otherwise people leave money on the table.
Settlement Negotiation
Settlement is not an initial offer; settlement is an extended experience replete with offers, counter-offers, justifiable rationales. A lawyer sets demand letters explaining how much it would cost by circumstance and supporting documents for each factor contributing losses—and responds against insurer rationales as to why it shouldn’t be worth that much.
But understanding of settlements helps fuel equity; how much will it cost the insurer if this does go to court? What makes it compelling—what makes it unknown? Effective settlements rely upon proven winners versus losers.
Lawyers also know when settlements aren’t worthwhile; they can effective nuance further litigation down the line if it makes more sense (to their benefit based upon experience gained from similar settlements).
Litigation Readiness
Even if cases settle later on through negotiation, someone needs experience pitching them for litigation from the get-go. This includes drafting complaints, getting discovery requests in order, relaying expert witness opinions/lawyers relative observations/interests.
Even discovery work relies upon facts compiled—written questions, document production, depositions written by lawyers who champion their client against those contesting theirs.
The stack of documents grows high—and unless someone is at the helm sifting through—both sides lose sight of potential pros vs cons needing attention.
It’s compiling everything from start to finish—determining what’s legible and what’s not—what supports making sense and what makes it more difficult when no one has legal smarts.
The Little Things Add Up
Most of what lawyers do is paperwork. Email. Phone calls. Follow-ups because requests go unanswered. It’s going through hundreds of pages through medical docs looking for key items instead of charging someone $500/hr because they’re out still waiting—it should take a forensic review no time under time constraints.
It’s constantly supporting why an insurance adjuster’s decision was wrong thanks to drafted letters responding in an aggressive-but-not-harsh tone.
And it’s waiting—for responses—for reports—if court is filed—a return date—which adjustments need attention all the while considering keeping up momentum so delays don’t kill any progress gained.
The Bottom Line Is…
Eventually—it builds over time for small dollar differences worth it once done. Detailing investigations means added strength of claims. Connecting integrity of medical records means higher volumes. Negotiation means positive results. Preparedness means power even if litigation does not happen.
All the glamorized stuff on TV is minutia that crushes all longevity—but this needs to happen behind closed doors for valid claims—and helps clients see why representation makes sense—for varied trust and practical adjusted skills—no one wants to lose out on money just because they run out of time or don’t know better.
A business person might know what is worth outside the box but no one knows better than those who’ve been in it before.
