A personal injury attorney represents a person or client in the event of an injury caused by the negligent behavior of an entity or another individual. Injuries can be physical or psychological and include damage suffered by the client that requires a form of compensation from the accused party.
Personal injury law cases fall under what is known as tort law. This area of practice covers a range of private and civic cases where plaintiffs require representation in court by a specializing lawyer. Attorneys can offer litigation for persons against companies, organizations, government institutions and other types of entities.
What Kind of Injuries Can a Personal Injury Attorney Help With?
As mentioned earlier, injuries can be physical. These commonly include injuries incurred at work, slips, falls, those acquired from using faulty products, and accidents in general. Accidents can be vehicle-related or otherwise.
Psychological injuries can be pain, suffering and emotional distress caused to the client because of negligent behavior. It also often includes the loss of ability or capacity to work, learn and earn an income. Clients have the right to claim when there is a loss of companionship as well.
Losing the ability to perform daily or regular duties can sometimes result in a loss or reduction of income. When personal income is affected, the client might not be able to pay living and/or legal expenses. Financial compensation therefore becomes necessary but can include non-monetary reimbursements as well.
Defamation also falls in tort law. Any damage to your reputation by another can be argued and compensated in or outside of court, as well as breaches of contract, actions of another in bad faith and damage caused to property and client rights.
Why Is a Personal Injury Attorney Important?
People are often taken advantage of by companies and individuals who know how to manipulate the legal system. Insurance providers and companies can make receiving rightful compensation challenging. In some instances, even the legal system itself can pose a threat to justice.
An attorney therefore becomes invaluable and acts as an ally to help the client navigate the legal system and its complex processes. Many times, personal injury cases are settled without ever being heard in court or going to trial. Therefore, personal injury attorneys are also referred to as “trial lawyers”.
What Duties or Roles Does a Personal Injury Attorney Perform?
Legal representation involves a list of tasks a lawyer needs to complete, which usually begin from the first meeting to when a client finally receives compensation or a resolution.
Lawyers have the responsibility of informing clients about the process and any part a client will play as the case unfolds. The first meetings can be described as interviews, where the attorney gathers details about a case and determines which steps need to be taken to resolve the matter.
Following the interview or assessment, a lawyer is likely to conduct thorough research to build and strengthen the client’s case. During this process, attorneys will communicate any relevant issues with the client, and offer advice and counselling if necessary.
Another important role of a personal injury attorney is, of course, preparing legal documents. Every case is unique and requires a set of documents that need to be written, submitted, and followed up. Any documents prepared are pertinent to the case and if filed professionally, can be used to improve the chances of victory in court.
The very act of practicing law involves adhering to rules and regulations, as well as to a code of ethics that govern interactions between lawyers and clients. Everything from the way legal documents is prepared to how cases are handled in court must follow the rules of bar licensing associations.
Practicing guidelines vary according to state. However, lawyers are generally required to act in the best interest of their client(s) and perform any applicable duty necessary to win the case. If the case does not make it to trial, the lawyer is required to mediate negotiations and strive to reach the best settlement possible.
What Qualifications Should a Personal Injury Attorney Have?
To receive a license to practice, aspiring lawyers are required to obtain a law degree. Although it is sometimes not necessary, it is advisable for lawyers to receive this qualification from an accredited college or institution. If the school is not accredited, it may need to meet minimum requirements set by state authorities.
The next step is to write and pass bar examinations. The written bar and ethics exams are compulsory. Depending on the state, lawyers may also need to pass Multistate bar examinations, Multistate Essay, Responsibility and Performance tests, respectively. These additional exams vary according to state as well.
Following examinations, lawyers are admitted to the bar and deemed qualified to practice. However, many states require practicing attorneys to continue their education by taking legal courses. Authorities usually set the number of hours to be spent on furthering education. The purpose of furthering education is to stay updated on new industry developments.
To become specialists in personal injury law, lawyers must obtain certification through a specialized program. This certification is provided by and overseen by the American Bar Association, which is subject to the rules and regulations compliant with the United States Constitution.
While personal injury attorneys can practice general law, many prefer specializing in this field. Specialization gives lawyers the opportunity to build a reputation as experts or industry leaders, which attracts clients and opens the way for career advancement.
An Overview of a Career as a Personal Injury Lawyer
A personal injury attorney can open a private practice and handle smaller cases at a lower fee. Another option is to join a small to medium size law firm or an established large firm with as many as 50 lawyers or more. There is also the option of becoming a Partner.
Compensation for legal services rendered is determined by a few factors. A lawyer’s fee varies according to experience in dealing with personal injury cases, case record, the time and energy required by a particular case, the level of difficulty, and the costs associated with the case.
Clients may be offered a variety of payment options to cover attorney fees. One lawyer may charge a flat, hourly rate, and another a contingency fee. With the contingency fee option, a lawyer agrees to take 30% or another specified percentage of the amount awarded to the client if the case is successful. Some lawyers may combine a variety of payment options.
The knowledge and skills of a personal injury attorney are invaluable to clients who seek rightful compensation for wrongs. From work-related accidents to defamation of character, these professionals cover a wide scope of cases and offer flexible payment options to cover the fee.