You may wonder how a personal injury attorney could possibly be compared to a brilliant artist. After all, lawyers use science, evidence, and facts to try and win their cases. But, there are many more skills and personal resources a personal injury attorney must rely on—such as research, communication, and stellar negotiating skills.
Sound a little farfetched? Maybe. But with each unique skill, an attorney can craft an art—or a case—that requires work, creativity, and a little “color” to create a masterpiece.
Here are some links between how an artist goes about creating his or her work—and how a personal injury attorney works to develop and present a case that is a “work of art”:
Even when an artist begins a masterpiece, they always begin at the awkward first stages. The first stages might include an idea—or even staring at an empty piece of paper, canvas or ball of misshapen clay.
Much like the start of a personal injury action, an attorney has to start somewhere. Many personal injury attorneys begin their “masterpiece” case by preparing a “demand packet”, which includes:
Pres c r i p tions
Invoices for property damage
At the front of that demand packet is an artfully-worded demand letter detailing the reasons as to why the other party was negligent, how much the defendant’s negligence has cost the client, and why it is in everyone’s best interest to just pay up.
Writing such a persuasive letter takes a certain level of experience and artistry.
Once an artist begins the creative process, the work that first began as an idea is now taking shape. Once a case goes to the courts, there is a discovery process and a whole host of other procedures.
The discovery process can be tedious and includes things such as interrogatories and depositions. Crafting the right questions for the defendant to answer is critical. By failing to ask the right questions, it may be harder to establish the defendant’s negligence. But, by drafting skilled and artful questions, the defendant may admit his or her negligence without even meaning to do so.
A gifted attorney may have the defendant not knowing which end is up and contradictions may just pour out. This is definitely more of an art than a science.
They also require the skillful art of writing persuasively and with conviction.
Once an artist completes his or her masterpiece, the work then goes on display. If a personal injury case actually makes its way to trial, the true artistry of the personal injury attorney is on full display. Talking with the judge and jurors requires skill, finesse, and the perfect level of tension—not to mention the opening and closing statements. These, too, are more art than science.
A good personal injury attorney must paint a picture of the scene of the accident, the defendant’s negligence, and how that negligence caused severe and life-changing injuries to his client. He must use broad strokes of the brush to create a scenario that the jurors can relate to and at the same time, create a powerful negative picture of the defendant.
A good personal injury attorney paints a new work of art with each case. Each case is unique, and requires a creative approach. From beginning with just an idea, a personal injury case builds, grows, and develops in each step before the final performance. Each step of the case requires knowledge, experience, creativity, and artful skills.
Be diligent when choosing your personal injury attorney and make sure he or she has the experience—and the talent—to bring about a successful resolution of your case.
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