A lawyer who provides any legal services to a person who claims to have injured, physically or mentally, as a result of the negligence of another person, any entity or company is known as a personal injury lawyer. Personal injury lawyers are specialized in the law of torts. The Law of tort covers Civil as well as criminal wrongs or injuries, which includes defamation, assault, battery, breach of faith, etc.
Personal injury lawyers help the petitioner to receive compensation over their losses, pain and suffering, loss of earnings, reasonable medical expenses both present and expected, emotional distress, loss of companionship and legal cost. They help the clients to safeguard from being mistreated by the person who acts careless or negligent.
What Does a Personal Injury Lawyers do?
The lawyers who are specialized in this area handle the case from beginning through the process of appeal. They play an important role in the investigation of claims to evaluate the merits of the case. They gather evidence, research case laws and formulate legal theories. They do the work of drafting pleadings, filing them, drafting motions, interviewing and deposing witnesses, producing evidence, etc. They also do the work of counselling their client and deals with the obstacles of the legal system.
Personal injury attorneys often juggle large caseloads. They have to work on tight deadlines and to deal with the demands of the clients. However, the most rewarding aspect of personal injury practice is helping injured victims and their families to get justice.
Professional and Personal Skills
The lawyers who decide to hang a grit out on their own rather than sign on as an associate with an existing firm shall have a capacity for handling stress and pressure.
The lawyers represent their clients on an emergency basis. Some lawyers decide their fees according to the percentage of the plaintiff's eventual compensation when the case gets solved. That means the plaintiff does not pay a fee unless and until the lawyer recovers money on his/her behalf.
The clients usually prefer an experienced personal injury lawyer who deals with insurance companies, medical malpractices matters, accident matters, etc. They prefer to choose a personal injury lawyer with a proven track record of handling matter successfully.
Although the personal injury claims are settled out of court, the lawyers obtain the settlements that are favourable by approaching to take cases to trial. Sometimes, the defendants willingly pay more money to the plaintiffs to avoid negative publicity, expensive trials and out of the fear that the court can award more amount as a penalty.
Examples of certain types of Personal Injury Cases:
Animal bite injuries:
In the case of animal bites, the owners of the animal are responsible financially for bites and other injuries caused by them. The laws for the responsible owner varies from state to state.
Accidents are the most personal injury cases happening in day to day life. The accident takes place usually when the rules of driving are not followed or due to negligence. The person driving (if proved to be negligent) can be held financially responsible for the injuries and the hospital bills of the injured person.
Medical malpractices occur when a doctor or nurses fail to provide competent and reasonably skilled care.
Slip and fall accidents
Slip and fall cases are a prevalent type of personal injury case. For example, the owner of the property has a legal duty to keep the premises free of hazards and safe, so that the people on the property do not become injured.
Defamation refers to the fact that a person suffers an injury to his/her reputation by the untrue and misleading statement. The specific fact of what the plaintiff must prove will vary depending upon who the plaintiff is and the forum where the case is filed. The personal injury lawyers need to prove that the defendant made an untrue negative statement, and the plaintiff has to suffer from the same. Celebrities or public figures usually need to prove "actual malice." They need to prove the untrue statement was made intentionally to harm the feelings of the plaintiff.
The other types of personal injury cases that are handled by lawyers also include insurance cases, nursing home abuse cases, assault and battery, wrongful death, intentional torts, etc.