What does a Personal Injury Lawyer Do?

What is a Personal Injury Lawyer?

A personal injury lawyer is someone who has attended law school and obtained the necessary licensing to practice law in their state. In addition to this basic education, they have also chosen to specialize in personal injury law.
The legal field is vast, and lawyers cannot possibly know everything (even though some think they do). That is why lawyers choose to specialize in select areas of law.

A personal injury lawyer is a zealous advocate for their clients. They choose to represent individuals during some of the most difficult times in their life. Personal injury lawyers are tasked with the duty of advocating for their clients against parties who are actively trying to do their clients harm.

The ultimate goal of personal injury law is to help make a person whole again. While this may not always be possible, a knowledgeable and experienced attorney gives their client the best chance of receiving the compensation they deserve.

Who Do They Represent?

A personal injury lawyer represents their clients. But who are their clients? A personal injury lawyer’s clients are people just like you and me who have been injured because of the action or inaction of someone else.

A common image of a personal injury client is a person wearing a neck brace sitting in a courtroom after they have been injured in a car accident. While that image is an accurate representation of one type of personal injury client, it isn’t all of them.

A personal injury client can be someone who was injured by a company or a defective medical device. A personal injury client can be someone who has injuries that are not visible, including emotional injuries.

Keep in mind that a personal injury lawyer doesn’t just have to represent one person. In some cases, numerous people are injured by the same party or parties. This type of case is called a mass tort.

What Types of Cases Do Personal Injury Lawyers Take on?

Personal injury lawyers take on different types of cases. Personal injury cases generally fall into three categories: negligence, strict liability, and intentional wrongs.

Negligence cases are the most common types of personal injury cases. Negligence means that someone failed “to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” The behavior can include deliberate acts or omissions. Common types of negligence cases include the following:

• Car accidents
• Slip and falls
• Medical malpractice

In strict liability, a person can be held liable for their actions regardless of whether they made the decision to do something. Common types of strict liability cases include the following:

• Animal attacks
• Abnormally dangerous activities
• Defective products

Another type of personal injury case that lawyers take on are intentional wrongs. In these types of cases a person is injured by the intentional acts of another. Common types of intentional wrongs cases include the following:

• Assault
• Battery
• False imprisonment

Most personal injury lawyers specialize in a few select types of cases. This allows the lawyer to hone in on select areas of law so that they can use their expertise to give their clients the best possible representation.

How do Personal Injury Lawyer’s Businesses Work?

A personal injury law firm is a business and personal injury lawyers provide legal representation to clients. Unfortunately, personal injury lawyers cannot provide their services for free. So, how do personal injury lawyers get paid?

Lawyers are allowed to choose how they charge for their services. Some lawyers bill clients an hourly rate, while others charge a flat fee.

In personal injury law, most lawyers use a contingency fee arrangement. In a contingency fee arrangement, the lawyer’s payment comes out of whatever the lawyer is able to recover for their client.

Typically, when the client hires the lawyer, the client agrees to pay the lawyer a percentage of whatever they are able to get from the other party. This arrangement is beneficial for both parties. The client benefits from the arrangement because they do not have to worry about paying potentially expensive legal fees.

Most personal injury lawyers work on this contingency fee basis. This means that most personal injury lawyers don’t get paid unless their clients get paid.

When to Get a Personal Injury Lawyer

Now that you know what a personal injury lawyer does and what a personal injury lawyer can handle, you may be wondering when to get a personal injury lawyer.

• If you have been injured by another person or business, you should contact a personal injury lawyer immediately. Time is of the essence in personal injury cases.
• If you have been injured by someone else, your first call should be for medical help. Your second call should be to a personal injury lawyer.

Timing matters in personal injury cases as most states have statutes of limitations. This means that a lawsuit must be brought within a certain amount of time. If you delay contacting a personal injury lawyer, you risk losing your right to sue the other party.

Timing also matters because of evidence. Evidence is what you use to prove your claim. The longer you wait to contact a personal injury lawyer, the more you risk losing evidence of your claim.

Not everyone is comfortable contacting a personal injury lawyer. Some people think that they are too expensive. Other people may simply think that they can handle their case alone or that the insurance companies are on their side. Unfortunately, in most personal injury cases, that is simply not true.

A personal injury lawyer can help you with every aspect of your case. A personal injury lawyer can do the following:

• Prove who is responsible for your injuries
• Provide guidance throughout the legal claim process
• Negotiate with the insurance companies
• Help clients receive a larger settlement than they would on their own
• Go to trial if necessary

Contact an Experienced Personal Injury Lawyer

If you or a loved one have been injured by someone else, we can help. Contact The Guardian Legal Network today to get started on your path towards justice.

References

• “Personal Injury.” American Bar Association, https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury/. Accessed June 17, 2022.
• “Negligence.” Cornell Law School, https://www.law.cornell.edu/wex/negligence. Accessed June 17, 2022.