What are the Benefits of Having a Brain Injury Lawyer?

0
10

It’s one thing to have a lawyer fight with you in a personal injury case. Finding one that could vindicate your rights while getting the most monetary compensation is another. You can just hire any lawyer out there, but it won’t guarantee you the best outcome. Take it from your friendly brain injury attorney in San Diego — with a seasoned legal counsel, you might have to pay more in professional fees, but they will also move heaven and earth to bring you the justice you deserve. 

Given the complex nature of a brain injury case, it’s best practice that you work with someone who has an excellent track record in criminal and civil law. Aside from that, choose a lawyer who also has extensive experience representing clients in brain injury cases. They know how to maximize the compensation you can get from the one who caused your injury. Aside from these, here are the other top benefits of being represented by the best.

Seasoned brain injury litigators can help you build a solid case 

Like any other case filed in court, you need a damning piece of evidence to prove the criminal or civil liability of the erring party. However, it may be hard to justify the existence and degree of damage suffered by the litigant in a brain injury case. Here, you might need more than just the receipts and medical bills to justify your claim for damages. Things would be easier for an experienced brain injury litigator because he has been litigating the same case for a long time. He knows the complexity and rigors of the process. Plus, he also knows how to use an ‘Amicus Curae’ to justify your claim and condition in court. 

In line with building a solid case, they will also ensure that you satisfy the formal and substantial requisites of the law. This means that they will prove your locus standing, ensure the appropriateness of the case venue, comply with the proper affidavits, ensure that the erring party is adequately informed, and work to let the court pass on the merits. They are privy to things laypeople and inexperienced lawyers are not. With them around, you just raise your winning chances a notch higher. 

They know what evidence to use to establish your case 

When you present a case in court, you must come with substantial evidence to prove the existence of the elements of the felony. In the case of personal injury, the complainant is expected to show that the victim is legally permitted to be where the crime happened, that he experienced a form of damage that resulted in an injury, and that the erring party failed to observe due diligence to avoid the harm caused.

He may show this by such evidence as CCTV footage, police reports, eyewitness accounts, medical records, and other circumstantial evidence that would quash the erring party’s alibi. Aside from presenting these pieces of evidence, he must also show that these proofs are legally acquired. Should there be coercion or unfair means employed to gather any of these, such evidence will be rendered inadmissible in the court of law. A seasoned lawyer knows all these things, so you won’t have to worry about what comes to court. 

They can pulverize the arguments of the party causing damage

It’s rare to find a respondent or defendant who will willingly admit to his offenses and also willfully pay the damages prayed for by the litigant. In most cases, these people enter a no guilty plea, invoke the doctrine ‘in pari delicto’ wherein they assert that both parties are at fault, and debunk the appropriateness of the claim for damages. By maintaining that the other party is also at fault, the court can lessen the penalty and hold the complainant equally accountable. 

A seasoned lawyer can easily refute the existence of contributory negligence on the part of his client by showing that he acted in good faith or that he was not legally prohibited from being at the scene of the crime the injury was caused. He can also show more pressing evidence to remove culpability from his client altogether. 

Takeaway 

Hiring a seasoned brain injury lawyer may cost you a substantial amount of money. However, if they can also win the case in your favor and claim the rightful compensation for the injury you suffered, you can say that it will all be worth it.