No one asks to be a victim. But every day, people are injured, killed, violated, abused, and duped by perpetrators of negligence and crime. At their most fragile, victims can find it difficult to determine how to fight back or even whether they want to.
If you have been victimized, you have probably experienced an overwhelming sense of powerlessness. Taking back control can seem impossible. But if you don’t, the person who caused you harm won’t be held accountable, and you can’t be made whole again.
Getting the right person in your corner is the best way to regain your sense of control. And in civil and criminal matters, the right person is going to be an attorney. You may not know what lawyers can do for victims, but their role is critical.
When you’re seeking justice for wrongs done to you, you will need power. There is no law that requires that you hire a lawyer to represent you in a civil matter. However, what an attorney brings to the table can help you take back your life. Here are a few ways they do.
Attorneys Investigate and Preserve Evidence
Regardless of what incident made you a victim, you will bear the burden of proving the guilt of the defendant. As is true in criminal law, there is a presumption of innocence in torts as well. It’s designed to reduce frivolous lawsuits and protect innocent defendants from the financial and reputational costs of mounting a defense.
Civil lawsuits require only two-thirds of a jury to agree to a verdict, not all of them as in criminal cases. Still, the evidence must be clear and compelling. That begins with the preservation of evidence and a thorough investigation of the events that led to harm. Experienced attorneys know how to do both, although the task isn’t always easy.
A nursing home abuse attorney or medical malpractice lawyer, for example, must preserve evidence these institutions may attempt to hide or destroy. Medical records, physical evidence, and documentation about employee performance may be critical to your case. Your lawyer will know how to put defendants on notice to preserve evidence or risk criminal charges.
Lawyers also know how to gather evidence, using the court’s discovery process and the power of the subpoena. They will analyze it and hire expert witnesses to review evidence and render professional opinions. Such thorough reviews will build your case against the defendant.
Attorneys don’t just know the law. They also know how to use the law to shoulder your burden of proof. Doing so gives you the power to prevail.
Lawyers Help You Understand the Process
Liability insurance claims and civil lawsuits comprise a series of actions designed to reach a certain goal. That goal is to garner a settlement or jury award to compensate you fairly for the damages you have suffered. Every case comes with a unique set of circumstances, but the underlying process is the same.
Experienced attorneys know the process inside and out. They are aware of time limits, documentation requirements, what information must be disclosed, and what information is protected. They also know how the other side operates, which keeps you from getting taken advantage of. Defendants, their insurers, and their attorneys won’t pull any punches, so you can’t either.
Good plaintiff’s lawyers help their clients understand the process. There is no advantage to maintaining mystery. Instead, they explain how everything works, invite you to ask questions, and answer them in terms you can comprehend.
Why is that so vital? Because you maintain control of your case from start to finish. You make all decisions throughout the process, not your lawyer. That’s why it’s so important that you understand it.
Pursuing a third-party liability claim or a civil lawsuit can be confusing, complex, and overwhelming to you. But it’s no mystery to your lawyer. Let your attorney help you navigate the process with ease.
Attorneys Protect Your Rights and Interests
When you are the victim of negligence or a crime, it can seem like the defendant has more rights than you do. That constitutional presumption of innocence can appear to trample on your right to compensation and justice. The only person protecting your rights and best interests is you, unless you hire an attorney.
If you’re pursuing a personal injury claim after a car accident, for example, insurance company attorneys defend the negligent party. Those attorneys have no regard for your interests or, in fact, even their insured’s. Their job is to avoid paying a settlement or jury award to preserve company profits.
The goal of personal injury lawyers is to serve their client’s best interests. They work diligently to negotiate the best settlement or convince a jury to award a victim fair compensation. These attorneys work on a contingency basis, getting paid only if their clients prevail.
Even victims of crime can benefit from securing their own legal representation. Prosecuting attorneys build cases against defendants, but victims’ own attorneys can help protect their interests in the process. Moreover, victims may choose to pursue civil claims against defendants in separate legal actions.
Your attorneys will be your best advocates when you’ve been victimized. Your attorneys will also apply the full force of the power of their experience and expertise into their representation. Everyone else involved will have legal representation, so you should as well.
Empower Yourself
Make no mistake. Fighting back as a victim of negligence or crime isn’t a walk in the park. It takes courage. Partner with an attorney who will clearly mark the path forward. You can empower your way out of the victimhood you never asked for.