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What Does a Personal Injury Lawyer Do?

A personal injury lawyer provides legal representation to individuals who have been injured in an accident. Personal injury lawyers handle intentional tort law, which includes negligent acts as well as intentional acts, pursuing compensation for accident victims.
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Intentional Tort

What are the Responsibilities of Personal Injury Lawyers?

The specific responsibilities of an injury lawyer vary depending on the type of intentional tort case, practice areas and where they are in the process of a case. So, exactly what does a personal injury lawyer do?

Investigate Claims

Personal injury law firms typically work on a contingency fee basis, which means they only charge contingent fees after they have secured a settlement offer or jury verdict. Because they finance the case, they take great care in screening potential clients and evaluating the merits of the case. A personal injury lawyer will not want to take on a case that he or she does not believe will result in a win for the client.

Gather Evidence

A personal injury lawyer may gather evidence to support the plaintiff’s claim. This may involve procuring any police or incident report, interview witnesses, and obtaining witness statements.

The attorney may take or instruct a photographer to take pictures of the car accident report. He or she may also retain evidence for the case, such as property damage, camera footage or other evidence.

Evidence may establish liability for who caused the car accident and the extent of punitive damages that the plaintiff suffered. Evidence may include medical expenses, medical treatment, medical reports, medical records, employment documents, employment reports and property damage reports.

Negotiate with Insurance Companies

Most people do not negotiate as part of their typical lives. However, a lawyer is 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 lawyer may also handle all communications with the insurance company and prevent the injury victim from doing anything that may jeopardize their claim, such as giving a recorded statement.

Send Demand Letters

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

Prepare Pleadings

If the insurance company refuses to offer a fair settlement, the injury lawyer may prepare a complaint against the defendant which sets out the legal theories regarding why the defendant is responsible for the accident. The complaint also states an amount of damages that the client is seeking. The defendant typically has 30 days from the date of receiving the complaint to prepare an answer to it.

Conduct Discovery

The plaintiff’s lawyer may initiate discovery processes, which includes sending interrogatories to the defendant to ask for certain information. It can also include deposing parties and expert witnesses.

Represent Clients at Trial

If the case proceeds to trial, a personal injury lawyer provides representation in court. Personal injury lawyers handle court customs and procedures, and can ensure that these steps are carefully followed.

Few Questions

What Types of Cases Does a Personal Injury Attorney Handle?

Suffering an injury can leave a victim with lasting consequences, including significant medical bills, lost wages, and pain that affects their quality of life. Most personal injury cases that fall under personal injury law include:

Accident

Motor Vehicle Accidents

Motor vehicle accident cases include car accidents, bus accidents, bicycle accidents, and motorcycle accidents caused by a negligent driver.

It is important to capture evidence at the crash site, including any security camera footage, eyewitness statements, vehicle examination, photos of the crash scene, and road conditions. All of these can be lost if you do not act quickly to secure and preserve the evidence.

An experienced personal injury lawyer will begin investigating and building your case immediately. Both insurance and personal injury claims are required to be filed within the strict deadlines. An attorney who knows the law and the court system can help you deal with any difficulties that may arise.

Premises Liability

Property owners have a duty to protect the safety of those on their premises. Owners have to ensure that those who enter their business, home, or land are safe and do not get hurt due to hazards or dangerous conditions. The level of liability for injuries may vary based on whether the individual is a business guest, social guest, or even a trespasser.

If you have suffered an injury due to negligence on the property of another individual, a personal injury lawyer with experience in premises liability can help you hold the property owner accountable for your injury.

Product Liability

Consumer protection laws are in place to protect the public by ensuring that products are safe. However, despite government standards and regulations, defective products still find their way to consumers with alarming regularity. If you have been injured by a defective product, you have legal options. Companies that design, manufacture, or sell dangerous products can be held liable if the products cause harm.

See more: Product Liability Lawsuits

Medical Malpractice

Medical malpractice occurs when a patient is injured as the result of negligent medical care by doctors, nurses, or other medical providers. By failing to provide an acceptable standard of care, they may be forced to compensate the patient for the injury. Medical negligence covers a number of possible actions that could be related to mistakes in surgery, misdiagnosis, errors in anesthesia, and prescribing the wrong drugs.

See more: Medical Malpractice Lawsuits

Workers' Compensation

When workers are injured in the course of doing their jobs, they are entitled to what is called workers’ comp. This system is essentially insurance held by employers to cover medical costs, as well as disability benefits if the worker is either permanently or temporarily disabled. These cases can require a great deal of negotiation with the insurance companies who pay out the compensation on behalf of the employer.

Assault/Sexual Assault

Assault of any kind is a crime, but a victim may also choose to bring a civil action against the perpetrator. The purpose of a civil action is generally for the purpose of receiving compensation for the personal injuries incurred as a result of the assault. This can include costs for medical bills, physical injuries, property damage and long-term emotional trauma that will require rehabilitation and therapy.

See more: Sexual Abuse Lawsuits

Get a Free Lawsuit Information With Our Personal Injury Attorneys

The Personal Injury Practice at our firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Personal Injury Lawsuits. We are handling individual litigation nationwide and currently accepting new injury and wrongful death cases in all 50 states.

If you or a loved one was injured, you should contact our law firm immediately to pursue legal action. You may be entitled to financial compensation by filing a personal injury lawsuit and we can help.

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