What Does a Personal Injury Lawyer Do?
Have you been injured in an accident due to the fault of another? If so, you could be entitled to sue for compensation under the law — but you may be feeling confused and overwhelmed by the legal process. It’s also likely that you have many questions about how legal representation works. For example, what does a personal injury lawyer do, exactly?
Contact 1-800-THE-LAW2 for a free consultation with a qualified injury attorney in our network.
Of course, if you’d like to learn more about the basics of litigation, and get some answers to questions like “what does a personal injury lawyer do,” then keep reading! We’ll cover some foundational issues that you may want to understand before you get in touch with one of our network attorneys.
The Role of a Personal Injury Lawyer
A personal injury lawyer plays a crucial role in helping individuals who have been injured due to the negligence or intentional actions of another person or entity. Their primary goal is to represent the interests of their clients and help them recover compensation for their losses, including medical expenses, lost income, and damages for pain and suffering. Personal injury lawyers have extensive knowledge of personal injury law and understand how to navigate the legal system to get what their clients need. They provide an honest and objective opinion on whether a client has a valid legal case and help determine if it is worth pursuing. By handling all communication with insurance companies and other parties involved, personal injury lawyers ensure that their clients’ rights are protected throughout the process.
What does a personal injury lawyer do? How can they help me pursue my claims and receive compensation?
Personal injury attorneys provide legal representation for accident victims. A personal injury lawyer can help clients navigate the complex process of making a claim after an accident. They assist in recovering compensation for various losses, including medical expenses, lost income, and damages for pain and suffering. Personal injury lawyers are skilled negotiators who work with insurance companies to secure a fair settlement. If a settlement cannot be reached, they prepare the case for trial, ensuring that all necessary evidence and legal arguments are in place. By providing guidance on the next steps to take in pursuing a claim, personal injury lawyers help clients understand their rights and options, making the legal process less daunting.
Their duties and responsibilities are comprehensive in nature and involve many aspects of litigation from the beginning-to-end of the dispute. Personal injury attorneys guide accident victims through the legal process. These include:
- Identifying, gathering, and preserving relevant evidence
- Communicating on your behalf with the defendant and various third parties (i.e., the insurance companies, law enforcement officers, etc.)
- Working with experts and eyewitnesses to develop supportive testimony
- Building a strong legal argument
- Negotiating a potential settlement
- Navigating various court hearings and processes (i.e., discovery)
- Pushing forward to trial, if necessary
- Securing the payout after a trial award
- And more
Many personal injury lawyers are involved in investigating cases to build a strong claim, often collaborating with independent investigators to gather crucial evidence.
These tasks aren’t always as straightforward as you might think. For example, the discovery process can have an enormous impact on the success of your claims, but there are many nuances to it that an untrained person would simply not understand — experience and legal qualifications matter a great deal, in both procedural and substantive matters. An experienced personal injury attorney is crucial in managing complex interactions with insurance companies and handling legal representation for accident victims. That’s why it’s so important to work with skilled personal injury lawyers as you move forward with your accident dispute.
A personal injury lawyer performs a crucial role in negotiating with insurance companies on behalf of their clients.
What are the most common types of personal injury cases?
Some of the most common types of personal injury disputes include:
- Motor vehicle accidents (i.e., car accidents, truck accidents, motorcycle accidents, pedestrian accidents, etc.)
- Slip and fall accidents
- Civil assault and battery
- Medical negligence and malpractice
Each of these cases has a lot of variation within the type, too. For example, you might think that a car accident dispute will be quite similar to a truck accident dispute — but in a collision with a delivery truck driver, you’d potentially be able to sue their employer pursuant to the doctrine of vicarious liability, giving you access to additional strategic benefits. These cases fall under personal injury law, and it is crucial to select the right personal injury law firm to ensure you receive fair compensation for your injuries.
The Personal Injury Claim Process
The personal injury claim process can be complex and time-consuming. A personal injury lawyer can help clients navigate this process and ensure that their rights are protected. From the initial investigation to the final settlement or trial, personal injury lawyers manage every aspect of the claim, allowing clients to focus on their recovery.
Investigation and Evidence Gathering
A personal injury lawyer will typically start by investigating the facts of the case to determine what happened and what facts can be proven. They will gather evidence, including police reports, witness statements, and medical records. They may also hire experts, such as accident reconstructionists, to help build a strong case. This thorough investigation is crucial for establishing liability and demonstrating the extent of the client’s injuries and losses.
Negotiations with Insurance Companies
Once the investigation is complete, the personal injury lawyer will typically negotiate with the insurance company on behalf of their client. They will work to get a fair settlement that covers all of the client’s losses, including medical expenses, lost income, and damages for pain and suffering. If a settlement cannot be reached, the personal injury lawyer will prepare the case for trial. This involves drafting legal documents, preparing witnesses, and presenting a compelling argument in court to maximize the client’s compensation.
By understanding the intricacies of personal injury law and having experience dealing with insurance companies, personal injury lawyers play an essential role in helping clients achieve the best possible outcome in their personal injury cases.
What are the damages in a personal injury case?
Damages in a personal injury case are meant to cover the losses that you sustained as a result of the defendant’s negligence, recklessness, or intentional misconduct. Claimable losses are varied, and may include:
- Lost wages
- Loss of earning capacity
- Loss of property
- Healthcare expenses (i.e., medical bills for whatever medical treatment you received to deal with your injuries, supported by your various medical records)
- Medical expenses (including all medical bills incurred due to injuries sustained in the accident, calculated and recovered by your personal injury attorney)
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
Damages vary from case-to-case, as every circumstance (and therefore losses) is different. For example, if you are unemployed at the time of a car crash collision, then your wage loss claim is likely to be zero. By contrast, if you are gainfully employed, and you have to take a lot of time away from work to recover, then your wage loss claim is likely to be substantial.
Can I still receive compensation if I was partially at-fault for the accident?
Whether you can receive compensation after you’re partially at-fault depends on the state law that governs the dispute. There are essentially three major doctrines that could apply to your case, and these will impact your compensation prospects.
In many states, the doctrine of pure comparative fault applies. Under pure comparative fault, you are entitled to sue and recover compensation even if you are 99 percent at-fault for the accident. That being said, your compensation will be reduced by your fault contribution. So if you’re claiming $100,000, but you’re 60 percent at-fault, you’d be entitled to the 40 percent remainder, or $40,000.
In some states, the doctrine of modified comparative fault applies. Under modified comparative fault, you are entitled to sue and recover compensation even if you’re partially at-fault for the accident — but only if you’re less than 51 percent responsible. Otherwise, you’ll be restricted from recovering any compensation. If you’re less than 51 percent at-fault, then your compensation will be allowed, but reduced by your fault contribution.
In a few remaining states, the doctrine of strict contributory fault applies. Under strict contributory fault, you are not entitled to sue and recover compensation if you’re at-fault for an accident — a court could find that you’re only one percent at-fault, and you’d still be restricted from pursuing recovery. This may seem quite severe, but there are sometimes ways to circumvent the restriction with the help of a skilled personal injury lawyer. For example, in a car accident case, you might be able to argue that your failure to wear a seatbelt didn’t actually contribute to the particular injuries you suffered.
How much does it cost to hire a personal injury lawyer to represent me?
Many people incorrectly believe that you have to be wealthy in order to afford a personal injury attorney — this is simply not how it works in reality, however. Most of the time, working with a plaintiffs’-side personal injury attorney doesn’t cost anything upfront or out-of-pocket!
Most personal injury lawyers work on a contingency fee basis. You don’t need any money to get started. Instead, they offer legal representation in exchange for a percentage cut of whatever compensation they’re able to secure on your behalf. This can range from 25 to 40 percent or more, depending on what you negotiate when you hire them. Personal injury law firms operate on this contingency fee basis, providing legal assistance to individuals injured in accidents without requiring upfront payment.
Due to this fee structure, you don’t have to pay if you don’t “win” any compensation. So that reduces the potential financial risk considerably. It makes it a lot less burdensome for you to pursue your personal injury claims. Further, these percentage fees incentivize your attorney to work efficiently and effectively to maximize your compensation — after all, the more you get paid, the more they get paid!
How much time do I have to file a personal injury lawsuit after my accident?
You do not have an unlimited amount of time after your accident! Every personal injury claim is governed by a statute of limitations, which establishes a deadline by which you have to file the relevant injury claims. Failure to do so in a timely manner could result in courts automatically dismissing your claims (due to abandoning them), thus preventing you from seeking compensation under the law.
The statute of limitations deadline varies from state-to-state, and claim-to-claim. In California, for example, the deadline for a standard negligence-based injury claim is two years from the date of injury. By contrast, the same deadline in the state of New York is three years from the date of injury. These are default statute of limitations deadlines. Bear in mind that you may also be subject to additional procedural requirements if you are suing a government entity, for example (e.g. six months from the date of injury in California).
Given the variation in potential deadlines and the severity of the consequences (should you fail to file a personal injury lawsuit in time), it’s absolutely critical that you consult a personal injury attorney as soon as possible after your accident. They’ll be able to ensure that all your procedural requirements are handled in a timely manner.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in an accident, then you could be entitled to sue for compensation under the law. Navigating the legal process isn’t always straightforward, however, and the path to recovery isn’t always clear. That’s why it’s so important to work with an experienced personal injury lawyer who can help you understand your strategic options and who will fight relentlessly for your right to compensation.
Contact 1-800-THE-LAW2 for a free consultation with a qualified injury attorney in our network. During this initial consultation, you’ll have the opportunity to discuss the details of your case and to learn more about what next steps you should take to maximize your recovery. If you decide against moving forward with the dispute, that’s okay — there’s no obligation to continue. So pick up the phone and call in today to get started with a free case evaluation.
We look forward to assisting you.
