what type of law does a personal injury lawyer practice

by Beulah Kovacek 9 min read

Personal injury lawyers are civil lawyers. They primarily handle negligence and intentional tort cases. Civil lawyers are typically retained to recover money from one person on behalf of another. When a person brings a civil action against another, a civil lawyer is usually retained to bring the lawsuit.Jan 10, 2019

Why do you need a personal injury lawyer?

Personal injury attorneys specialize in tort law, which covers all civil litigation for injuries or wrongdoings resulting from negligence. The main goal of personal injury lawyers who practice tort law is to make their client (the injured “plaintiff”) whole again and discourage others from committing a similar offense.

How to find the right personal injury lawyer?

A personal injury lawyer provides legal services to those who have been injured, either physically, emotionally or psychologically, due to negligence by another person, company, entity or agency. Personal injury law is an area of law known as tort law …

How will my personal injury lawyer get paid?

Nov 11, 2011 · Personal Injury Lawyer Salaries . Personal injury lawyers are among the highest-paid professionals. 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.

Who is the best injury attorney?

Personal injury lawyers work in tort law, which includes negligent acts as well as intentional acts. They pursue compensation for accident victims. Types of Personal Injury Cases Personal injury cases often involve the negligent acts of others. This includes automotive accidents, including motorcycle accidents and truck accidents.

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Qualification

A personal injury lawyer must qualify to practice law in the jurisdiction in which the lawyer practices. In many states, they must also pass a written ethics examination.

Practice

Lawyers may concentrate their practice to specific areas of law, including personal injury law. Some lawyers may further specialize to a specific area of personal injury, such as medical malpractice law. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience.

Organizations

Although membership is not required for personal injury practice, many personal injury lawyers join professional associations. For example:

Criticism

Critics of personal injury lawyers claim that litigation increases the cost of products and services and the cost of doing business. For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages.

Car Accidents

After a car accident, a personal injury attorney can provide the necessary legal assistance and counsel that confronts every victim. Accident attorneys are familiar with this area of law, its procedural rules, and compensation to be awarded. The severity of your injuries, medical bills, loss of wages, emotional trauma can all factor into the award.

Slip and Fall Accidents

In the area of personal injury lawsuits, slip and fall accidents are one of the most common. Slip and fall accidents fall under the category of “premises liability” cases. They occur through the negligence of a property owner or a custodian of a property in the upkeep, repair, and maintenance of the premises in question.

Commercial Trucking Accidents

Statistically, in terms of the number of accidents, commercial truck drivers are more careful drivers than passenger car drivers. However, when accidents involving a commercial truck do happen, there are a number of considerations to take into account that a personal injury lawyer can help with.

Dog Bites or Animal Attacks

Even though there are really no bad dogs, only bad dog owners, every year there are thousands of people attacked and bitten by animals, and in most cases, by dogs. If you are bitten or attacked by an animal, through no fault of your own, you have legal grounds to recover damages from the animal’s owner or the responsible party.

Wrongful Death

The act of taking the life of an individual (or individuals) as a result of a willful or negligent act or wrongful conduct by another person or persons is considered wrongful death. Heirs and other beneficiaries are entitled to file a wrongful death action against the responsible parties for the decedent’s death.

Personal Injury Is Tort Law

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.

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 this type of lawyer include:

What a Personal Injury Attorney Does

Attorneys who specialize in this area handle cases from inception through appeal. They perform tasks similar to most litigators. They investigate claims and screen potential clients to evaluate the merits of their cases. They gather evidence, formulate legal theories, and research case law.

Required Education

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.

Personal and Professional Skills

The most successful personal injury attorneys excel at oral advocacy, negotiation, and client development. They should also have a capacity for handling stress and pressure, particularly those who decide to practice on their own rather than sign on as an associate with an existing firm.

Personal Injury Lawyer Salaries

Personal injury lawyers are among the highest-paid professionals. 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.

Employment Outlook

Litigation represents the bread and butter of many law firms, so the employment outlook for personal injury attorneys is good.

Types of Personal Injury Cases

Personal injury cases often involve the negligent acts of others. This includes automotive accidents, including motorcycle accidents and truck accidents.

Types of Compensation

Personal injury plaintiffs may be entitled to compensation for the damages that they have suffered. 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.

Acts of Personal Injury Lawyers

The specific actions that personal injury lawyers do depends on the type of case, specialty area and where they are in the process of a case. Some of the activities that personal injury lawyers may do and how they benefit your case include:

Investigating Claims

Personal injury lawyers generally work on a contingency fee basis in which they only charge attorney’s fees after they have secured a settlement or jury verdict. Because they often finance a case, they take great care in screening potential clients and evaluating the merits of the case.

Gathering Evidence

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.

Negotiating with Insurance Companies

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.

Sending Demand Letters

A personal injury lawyer may send a demand letter to an insurance company after thoroughly investigating the claim. This demand letter states the facts of the accident and demands a certain amount of damages for the injury that the defendant caused.

Claims Investigation

Personal injury lawyers typically work on a contingency fee, meaning they only collect when they have secured a settlement or verdict. As such, the attorney has a vested interest in meticulously working your case. An attorney will not routinely take on a case that they do not believe will result in a win.

Evidence Gathering

A personal injury attorney gathers evidence to support the plaintiff’s claims, including collecting the police or incident report, witnesses and statements, photographs of the damage, and any other evidence such as camera footage.

Insurance Company Negotiations

Insurance companies have teams of lawyers working for them, and the average American doesn’t have experience negotiating with teams of lawyers. Personal injury lawyers negotiate with insurance companies every day, and they can review the policy details to understand the maximum compensation available for the victim.

Demand Letters

After a thorough review of the case and the insurance coverages, a personal injury attorney will often send a demand letter outlining the facts of the accident and demanding a certain amount of money for damages caused by the defendant.

Discovery

If the case proceeds, the personal injury attorney will begin the discovery phase. In this phase of the process, the attorney will seek information from the defendant, including depositions of witnesses and experts.

Representing Clients at Trial

Most cases are settled out of court, but if the case proceeds to court the lawyer will represent you in court hearings. Courts have very specific customs and procedures that your attorney will be able to handle for you and ensure that each step is carefully followed.

Contacting a Personal Injury Attorney

A personal injury lawyer can help you through each step of the legal process for filing your personal injury claim.

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Overview

A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers primarily practice in the area of law known as tort law. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.

Qualification

A personal injury lawyer must qualify to practice law in the jurisdiction in which the lawyer practices. In many states, they must also pass a written ethics examination.
Lawyers may take continuing legal education (CLE) classes in order to learn about developments in the law or to learn about new practice areas. In states that require lawyers to attend CLE, personal injury lawyers may take CLE courses relevant to personal injury law, but are not required to do so.

Practice

Lawyers may concentrate their practice to specific areas of law, including personal injury law. Some lawyers may further specialize to a specific area of personal injury, such as medical malpractice law. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience.
Before accepting a new case, a personal injury lawyer typically interviews a prospective client an…

Organizations

Although membership is not required for personal injury practice, many personal injury lawyers join professional associations. For example:
• American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs
• Association of Personal Injury Lawyers– an association based in Nottingham, England; founded in 1990 by p…

Criticism

Critics of personal injury lawyers claim that litigation increases the cost of products and services and the cost of doing business. For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns, often raised in response to efforts to reform healthcare, have not been well substantiated. A publication by the Robert Wood Johnson Founda…

See also

• Ambulance chasing
• Big Apple Pothole and Sidewalk Protection Committee
• Compensation culture

Claims Investigation

  • Personal injury lawyers typically work on a contingency fee, meaning they only collect when they have secured a settlement or verdict. As such, the attorney has a vested interest in meticulously working your case. An attorney will not routinely take on a case that they do not believe will result in a win.
See more on saladinolaw.com

Evidence Gathering

  • A personal injury attorney gathers evidence to support the plaintiff’s claims, including collecting the police or incident report, witnesses and statements, photographs of the damage, and any other evidence such as camera footage. Evidence may also include medical reports, medical records, medical bills, employment records, and property damage reports. This evidence will be …
See more on saladinolaw.com

Insurance Company Negotiations

  • Insurance companies have teams of lawyers working for them, and the average American doesn’t have experience negotiating with teams of lawyers. Personal injury lawyers negotiate with insurance companies every day, and they can review the policy details to understand the maximum compensation available for the victim. Additionally, keeping communications betwee…
See more on saladinolaw.com

Demand Letters

  • After a thorough review of the case and the insurance coverages, a personal injury attorney will often send a demand letter outlining the facts of the accident and demanding a certain amount of money for damages caused by the defendant.
See more on saladinolaw.com

Preparing Pleadings/Filing The Lawsuit

  • If the insurance company does not respond to the demand letter or refuses to offer a fair settlement, the personal injury attorney may prepare and file the lawsuit and legal arguments for why the defendant is responsible for the accident and the amount the plaintiff is seeking in damages.
See more on saladinolaw.com

Discovery

  • If the case proceeds, the personal injury attorney will begin the discovery phase. In this phase of the process, the attorney will seek information from the defendant, including depositions of witnesses and experts.
See more on saladinolaw.com

Representing Clients at Trial

  • Most cases are settled out of court, but if the case proceeds to court the lawyer will represent you in court hearings. Courts have very specific customs and procedures that your attorney will be able to handle for you and ensure that each step is carefully followed.
See more on saladinolaw.com

Contacting A Personal Injury Attorney

  • A personal injury lawyer can help you through each step of the legal process for filing your personal injury claim. If you have been injured in a car accident and wonder whether you should accept a settlement offer from an insurance company, contact Saladino & Schaaf today or call us at 270-444-0406 (Paducah, KY) or 270-753-1529 (Murray, KY) to schedule a free consultation wit…
See more on saladinolaw.com