A lawyer can help you level the playing field since the other side will likely have a lawyer on his or her side. He or she can draw on resources like expert witnesses and private investigators when necessary.
A personal injury may gather evidence to support the plaintiff’s claim. This may involve procuring any police or incident report. He or she may track down witnesses and get witness statements. He or she may take or instruct a photographer to take pictures of the accident report. He or she may also retain evidence for the case, such as property damage, camera footage or other evidence.
This includes medical expenses, loss of income, loss of earning capacity, emotional distress, loss of consortium, loss of companionship, loss of enjoyment of life, mental anguish and pain and suffering.
Most people do not negotiate as part of their typical lives. However, personal injury lawyers are used to negotiating with insurance companies. They can review the policy details and determine the maximum level of compensation that may be available based on the specific circumstances of the case. A personal injury lawyer may also handle all communications with the insurance company and prevent the injury victim from doing anything that may jeopardize his or her claim, such as giving a recorded statement.
This demand letter states the facts of the accident and demands a certain amount of damages for the injury that the defendant caused.
Preparing Pleadings. If the insurance company refuses to offer a fair settlement, the personal injury lawyer may prepare a complaint against the defendant. The complaint sets out the legal arguments regarding why the defendant is responsible for the accident. The complaint also states an amount of damages that the client is seeking.
Conducting Discovery. The plaintiff’s lawyer may initiate discovery processes. This includes sending interrogatories to the defendant to ask for certain information. It can also include deposing parties, witnesses and experts.
A personal injury lawyer is a type of civil litigator who provides legal representation to plaintiffs who are alleging physical or psychological injury as the result of the negligent or careless acts of another person, entity, or organization.
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.
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 this type of lawyer include: 1 Animal bite injuries 2 Auto accidents 3 Aviation accidents 4 Bicycle accidents 5 Boating accidents 6 Brain injuries 7 Burn injuries 8 Construction accidents 9 Defective products 10 Insurance/bad faith claims 11 Medical malpractice 12 Motorcycle accidents 13 Nursing home abuse 14 Pedestrian accidents 15 Slip and fall accidents 16 Spinal cord injuries 17 Wrongful death
Personal injury attorneys specialize in an area known as tort law. This covers 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 again and to discourage others from committing the same offense.
Litigation represents the bread and butter of many law firms, so the employment outlook for personal injury attorneys is good. 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 damages recovered by plaintiff attorneys in the future.
All attorneys must pursue the same path of training and education. They must earn their law degrees and pass written bar examinations, but this can't be accomplished until they’ve earned an undergraduate degree and passed the Law School Admission Test (LSAT) with a reasonably high score.