Definition:
An injury
lawyer, also known as a personal injury lawyer, is a lawyer who provides legal
representation to those who claim to have suffered an injury to the mind or
body as a result of the negligence or wrongdoing of another.
Personal
injury lawyers generally handle cases involving tort negligence. Types of cases
include car accidents, pedestrian accidents, slip & fall accidents, truck
accidents, accidental death, brain injury, wrongful death cases, medical
malpractice, product liability and catastrophic injury.
The
injury lawyer's goal is to make the injured party whole again by obtaining
compensation or "damages" for the victim's losses. Damages include
monetary damages, medical expenses, property damages, pain and suffering, loss
of earnings capacity, emotional distress, loss of consortium or companionship,
legal costs, attorney fees and punitive damages.
Personal
injury lawyers usually take cases on a contingency fee basis. In this
arrangement, the injured party only pays the lawyer if the lawyer obtains a
favorable settlement or successful verdict. Contingent fees are generally
calculated as a percentage of the client's total compensation after costs.
Although statutes often regulate these fees in relation to the type of action
and amount of recovery, the percentage is typically 30 to 40 percent. Some
statutes cap lawsuits against governmental entities at 25%.
Personal
Injury Lawyer – Career Overview:
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.
Types of 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
* Defective Products
* 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 the amount of damages
recovered by plaintiff attorneys in the future.
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