Do you know what personal injury lawyers do and how they can help you protect your rights? Thousands of people experienced injury, negligence, or wrongful death each year, and the law is rarely on their side. In these situations, personal injury lawyers can make all the difference.
Whether you’ve suffered an accident, been wrongfully accused of something, or someone in your family suffered a wrongful death, you may be legally eligible to make a claim against someone. Even if you’re uncertain about your rights, personal injury lawyers can assess your situation and fight for a compensation that works in your favor.
This post aims to detail what personal injury lawyers do and equip you with the knowledge to take the best course of action for your case. We’ll go over all the services a personal injury lawyer can provide, situations in which you might need one, and even provide some tips for finding the right personal injury lawyer for you.
What is Personal Injury Law?
Personal injury law, also known as tort law, is a legal field that deals with compensation for those who have suffered physical or psychological harm due to someone else’s negligence. The purpose of personal injury law is to balance the risks of everyday life by allowing those wrongfully injured to receive justice. This law allows an injured party to obtain both economic and non-economic damages such as medical expenses, lost wages, pain and suffering, and loss of companionship.
Some argue that personal injury law incentivizes attorneys to take cases that may not be justified in order to pursue maximum financial reward. However, since there must usually be evidence of fault from another party in order for an injured plaintiff to win their case, it can be argued that the legal system maintains its integrity when it comes to assigning responsibility after an injury occurs. Evidence supporting this argument includes studies showing that only 8% of all personal injury cases in the United States end up going to trial.
Types of Personal Injury Lawsuits
Now that we have established what personal injury law is, let’s take a look at the types of personal injury lawsuits. Personal injury lawsuits can be classified into two main categories: intentional torts and negligence torts.
Intentional torts are acts that are voluntarily committed by an individual or entity, with the intent to harm another person. These voluntary acts typically occur when a person deliberately attempts to injure an individual through threats or physical violence. Examples of intentional torts include false imprisonment, assault, battery, and wrongful death.
Negligence torts are unintentional acts or omissions that cause harm to another person. Negligence can lead to both property damage or bodily injuries, and normally arise when a person has not taken proper care to avoid causing harm to another person. Examples of this type of tort include car accidents, medical malpractice, and slip-and-fall accidents.
What Do Personal Injury Lawyers Do?
Personal injury lawyers are attorneys who specialize in cases involving physical or emotional injury. These attorneys help individuals obtain financial compensation for damages resulting from an accident, including medical bills, pain and suffering, lost wages, and punitive damages. The goal of a personal injury lawyer is to help their client receive the maximum amount of compensation. To accomplish this, they must have an in-depth knowledge of the applicable laws and a thorough understanding of the legal process.
With this knowledge in mind, let’s now turn our attention to how personal injury lawyers can serve as advocates for injured parties by representing them while they face negotiations or appear before judges and juries in court.
- According to data from the Center for Justice & Democracy, 98% of personal injury claims are settled before going to trial.
- A 2018 survey found that 92% of lawyers provide free consultations for potential clients seeking personal injury representation.
- The American Bar Association reports that in 2016, 52.9% of civil litigation involved either tort cases or disputes involving contracts.
Representation of Clients in Court
Personal Injury lawyers represent their clients in court when necessary. This is a vital part of ensuring that their client’s rights are defended adequately. After the evidence and arguments have been presented, the lawyer has to stand up before the court and advocate for his client’s position. Most importantly, they are tasked with proving to the court that the damages sustained by their client justify the amount being sought in compensation. They also use expertise to present an effective argument to the court and persuade them to their side.
In some situations, personal injury cases can be settled without going to court. This can benefit both parties: it is faster and often brings lesser costs than taking part in litigation. Yet, reaching an agreement–which is usually accepted by both sides–is rarely possible without skilled legal representation in negotiations. Even when preparing for trial and during active litigation, competent counsel is required at all stages. Often, it pays off in terms of obtaining a fairer settlement for their clients more quickly and efficiently.
So far, we`ve discussed how personal injury attorneys provide invaluable support during litigation and settlement negotiations alike. The financial implications of different approaches must be weighed carefully too. Now let`s take a look at these matters in greater detail.
Key Takeaways
Litigation is often more expensive and time consuming than seeking settlements. In a settlement, both parties agree on an amount to pay as compensation for injury or harm. If a settlement cannot be reached, a jury or judge may award damages which can include reimbursement of medical bills, damages for physical pain and suffering and punitive damages. When preparing your case for proceedings in court, it is important to understand what evidence is necessary and relevant to prove one’s claim.
Collecting Evidence and Preparing for Trial
When it comes to personal injury cases, collecting evidence and preparing for trial can be a challenging but critical step in the process. In some instances, lawsuits may settle through alternate dispute resolution rather than trial preparation and proceedings, however it is important to understand the different processes and importance of these case building activities. Collecting evidence typically involves researching, gathering, analyzing and organizing evidence that supports an argument related to the personal injury case. Evidence should be collected for both sides of the argument – both plaintiffs and defendants – that guides decisions around settlements or litigation.
It is important to work with experienced legal teams who are familiar with evidence gathering requirements including understanding timelines and court procedures. Evidence collection includes obtaining police records, medical records and expert testimony as required by jurisdiction. Good legal teams can also provide assistance on managing discovery and motion practice associated with litigation.
Settlement Options and Advice-Giving Services
Now that evidence has been collected and the parties are ready for trial, settlement options and advice-giving services become important parts of a personal injury lawyer’s duties. Settlement negotiation is often seen as the most viable option to reaching a successful resolution, as it can reduce stress levels and costs associated with litigation. A lawyer may advise the plaintiff on maximizing their share of damages, while also protecting other important rights such as privacy.
These negotiations can be tricky and require the accident attorney to consider both sides of the argument with an even hand. For example, a defense attorney may wish to minimize their client’s liability in order to reduce overall damages paid out, while a plaintiff’s attorney will seek to maximize their client’s financial recovery. To ensure that these negotiations are conducted ethically and within the boundaries of agreement laws, an experienced personal injury lawyer is highly recommended—especially if they have done similar mediation before and achieved desirable outcomes.
How to Find the Right Personal Injury Lawyer
Finding the right personal injury lawyer is key to ensuring that you receive the best possible outcome in your case. Of course, every case is different, and you should certainly take any advice-giving services into consideration before making a decision. The question remains: how do you go about finding the right lawyer for your situation?
Once you’ve identified a few top contenders, set up an initial consultation with each one. This typically takes place over video conference or in person, so be sure to write down any questions ahead of time and prepare to ask them all together in order to establish rapport as well as learn more about your options. During this meeting, pay close attention to how much personal attention you receive from each car accident attorney – this is just as important as their years of expertise or success rate when it comes to feeling confident about your chances in court. Additionally, make sure to compare fees associated with your case across each firm; rates between them can vary significantly depending on their size, practice areas, and other factors.