Personal injury lawyers are a must when dealing with situations where another person or company’s negligence has led to an injury. With the help of a personal injury lawyer, it is possible to go up against an insurance company and receive the compensation that you will need to pay your medical bills and account for your pain and suffering.
Chris Jackman of the Jackman Law Firm and Citadel Law Firm explains the role of a personal injury lawyer and names some situations in which the assistance of this type of lawyer is needed.
The Role of a Personal Injury Lawyer
A personal injury lawyer is a civil litigator representing clients or plaintiffs who have been injured physically or psychologically. The negligent or careless party responsible for the injury may be a company, person, entity, organization, or government agency.
Personal injury lawyers practice tort law. This type of law specializes in private or civic injuries or wrongs. It covers both monetary and non-monetary damages. In addition to physical and psychological trauma, tort law includes defamation and breach of contract.
Personal injury lawyers are generally licensed to practice in all types of law, but they are usually responsible for cases that fall within the bounds of tort law. Some examples of tort law cases include flawed or dangerous products, work injuries, slips, and falls, traffic accidents, and other related issues.
Personal injury lawyers are responsible for helping their clients gain compensation for their losses. Losses can include pain, suffering, emotional distress and loss of companionship, inability to work or do basic activities, expenses, legal costs, and attorney fees.
The Duties of a Personal Injury Lawyer
Personal injury lawyers are deeply involved with their clients’ cases. They need to be compassionate to their clients’ needs, but at the same time, they need to be aggressive toward the party that caused the injury and/or their insurance company. This particular combination of skills means that an experienced personal injury lawyer is best when you are suffering from these problems.
Attorneys ensure that clients are safe from becoming the victim of insurance companies and the legal system. Personal injury lawyers are known as trial lawyers as well, though, in practice, most of their cases are resolved by a settlement without having to go to trial.
Personal injury lawyers must behave in accordance with professional and ethical codes of conduct and maintain their license to practice law with the state bar association. Once they are licensed, they can file court complaints, bring cases to court and argue them, prepare documents, and offer legal advice.
A personal injury lawyer is responsible for interviewing clients and deciding whether they have a case to sue the other party. They research the case to find out whether any mitigating or aggravating factors stand out. They counsel the client and advocate for their needs. They also give legal advice and form oral arguments. Cases proceed to trial when the personal injury lawyer and the party that caused the injury cannot settle out of court.
These lawyers must follow strict ethical and legal principles. Guidelines may vary from state to state, so each lawyer must be thoroughly familiar with the statutes in the areas in which they practice law. Many lawyers working in large personal injury firms are licensed in multiple states.
Personal injury lawyers must be cautious about conforming to ethical principles like confidentiality and legal allegiance. They need to be sure that they are putting the client’s best interests above their own.
Qualifications of a Personal Injury Lawyer
Personal injury lawyers must have a bachelor’s degree or higher and a law degree from an accredited institution. Then the new lawyer must pass the bar exam and a written ethics exam.
These lawyers must agree to keep current with all laws and legal issues regarding their practice. Legal education courses are a constant commitment to a personal injury lawyer.
Personal injury lawyers tend to be split into many different specialist categories, including car accidents, slip, and fall accidents, pain and suffering, and defective products. It means that the lawyer will be fully abreast of all topics in their specialty. The American Bar Association certifies lawyers to practice in certain specializations.
Lawyers must all follow the rules of responsibility and ethical behavior that are laid out in the United States Constitution.
Types of Personal Injury Law Firms
Typically, these law firms are specialized. Large law firms may have over 50 lawyers and can handle the full spectrum of legal assistance. Small law firms may have a personal touch that is lacking in a huge law firm, but they also may not be as qualified in many types of cases.
Payment of Personal Injury Lawyers
As a general rule, the plaintiff or injured party does not have to pay out-of-pocket for the lawyer’s services unless the case is lost. This payment structure is known as a “contingency fee.” On average, personal injury lawyers are awarded 30 percent of the amount awarded to the client. Lawyers may also be paid through a flat fee or an hourly charge.
The Importance of Personal Injury Law
The legal system is set up to favor the interests of large corporations and insurance companies. The personal injury lawyer must be qualified to secure settlements from these large corporations.
Personal injury lawyers like Chris Jackman are qualified to help everyday clients get compensation from insurance companies or directly from the party that committed the injurious act. Making sure that the injured party receives proper compensation is the stated goal of personal injury lawyers.