A
personal
injury lawyer,
also known as a plaintiff lawyer or trial lawyer, is a type of civil
litigator who
provides legal representation to plaintiffs alleging a physical or
psychological injury as a result of the negligent or careless acts of
another person, entity or organization.
Personal
injury lawyers specialize in an area of law known as tort law which
includes private or civil wrongs or injuries, including defamation
and actions for bad faith breach of contract.
The
main goal of tort law is to make the injured party whole and to
discourage others from committing the same offense.
Personal
injury lawyers help plaintiffs receive compensation for their losses,
including loss of earnings capacity (due to an inability to work),
pain and suffering, reasonable medical expenses (both present and
expected), emotional distress, loss of consortium or companionship,
legal costs and attorney fees. Personal injury attorneys also work to
safeguard clients from being victimized by insurance companies and
the legal system.
Typesof Personal Injury Cases
Any
case or claim that involves an injury to the body or mind falls under
the umbrella of personal injury law. Some of the most common types of
cases handled by a personal injury lawyer are:
- Animal Bite Injuries
- Auto Accidents
- Aviation Accidents
- Bicycle Accidents
- Boating Accidents
- Brain Injuries
- Burn Injuries
- Construction Accidents
- Insurance/Bad Faith
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse
- Pedestrian Accidents
- Slip and Fall Accidents
- Spinal Cord Injuries
- Wrongful Death
What Does a Personal Injury Lawyer Do?
Personal
injury lawyers handle a case from inception through appeal and
perform tasks similar to most litigators.
Typical
tasks include investigating claims; screening potential clients and
evaluating the merits of their case; gathering evidence; formulating
legal theories; researching case law; drafting pleadings,
motions and discovery;
interviewing and deposing witnesses; preparing for trial; advocating
at trial; and counseling clients.
Personal
injury lawyers often juggle large case loads, tight deadlines and
demanding clients. However, many lawyers find the most rewarding
aspect of personal injury practice is helping injured victims and
their families seek justice through the legal system.
Since
many personal injury lawsuits are extremely complex, personal injury
lawyers may specialize in certain niche types of cases. For example,
personal injury attorneys who handle medical malpractice may
specialize in breach births; personal injury attorneys who routinely
litigate motor vehicle accidents may specialize in ATV rollover
accidents.
Education
Personal
injury lawyers pursue the same path
of training and education as every lawyer;
they must earn a law degree and pass a written bar examination.
Personal injury attorneys can also become certified as a specialist
in civil trial advocacy by completing a specialty certification
program accredited by the National
Board of Legal Specialty Certification,
a non-profit organization accredited by the American Bar Association
to provide board certification for attorneys.
Personal Injury Lawyer Skills
Personal
injury lawyers typically possess these top
ten legal skills.
The most successful personal injury attorneys excel at oral advocacy,
negotiation and client development and develop specialized knowledge
in a niche field of personal injury law.
Personal Injury Lawyer Salaries
Personal
injury lawyers are among the highest
paid professionals on
the planet. The most successful lawyers earn seven-digit salaries
although most plaintiff lawyers earn between $30,000 and $300,000,
depending on practice size and location. Plaintiff lawyers who pull
in fees at the higher end of the spectrum usually handle class action
suits or high-dollar personal injury cases. In addition, punitive
damages – damages designed to punish the defendant and deter bad
conduct - can raise verdict amounts by millions of dollars, adding
cash to the lawyer’s pocketbook.
Personal
injury lawyers usually represent clients on a contingency basis, in
which the attorney's fee represents a percentage (typically 30%-40%)
of the plaintiff's eventual compensation, payable when the case is
resolved. This arrangement means that the plaintiff does not pay a
fee unless the lawyer recovers money on his behalf.
Employment Outlook
Since litigation is
on the rise and represents the bread and butter of many law firms,
the employment outlook for personal injury attorneys is excellent. An
uncertain economy, stricter regulation, and company growth topped the
reasons cited for anticipated increases in litigation in a recent
litigation trends survey. However, tort reform - proposed changes in
common law civil justice systems that would reduce tort litigation
and cap damage awards – could potentially reduce the number of
claims filed and a number of damages recovered by plaintiff attorneys
in the future. Personal Injury Lawyer
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