A personal injury lawyer is an attorney who offers legal services to people who claim to have incurred emotional or physical injuries, either physically or psychologically, due to the negligence of someone else, business, government agency or some other entity. Personal injury lawyers mostly practice in the field of civil law referred to as tort law. They argue and negotiate on behalf of their clients in cases of personal injury. Personal injury lawyers are expert in the areas related to:
In most jurisdictions, a person has to pass the state bar exam before he or she can practice legally. Bar exams vary from state to state. Most states require potential lawyers to take the bar exam before they can practice. Most bar exams include a written examination, a writing test, a driving exam and a legal education test. Only highly qualified lawyers can pass these tests and get approved for the bar exam in most states.
It is very important for a personal injury lawyer to continue his or her education. He or she needs to be aware of new developments in his or her field of practice. Personal lawyers must keep abreast of advances in scientific research in all areas of personal injury law. They must know how to gather information that can help them in their work. Personal lawyers need to understand the laws of their states and learn the strategies to get the settlements they deserve.
Usually, lawyers fight personal injury cases on a contingency basis, which means they receive no money unless their client wins the case. Some attorneys work on a fee basis, which means they receive a percentage of the compensation award. Attorneys must work in close cooperation with their clients to carefully analyze and evaluate all aspects of the case. The strategy the attorney uses will depend on the nature of the injury and its impact on the ability of the client to pay.
If the attorney wins the case, he or she receives a percentage of the settlement or compensation award. If not, then the attorney receives nothing. Personal injury lawyers who work on a contingency fee basis to receive their fees at the end of the case. For example, if the client does not win the case and obtains no settlement, the attorney does not have to pay anything unless the client goes ahead and pays a retainer for the service.
A contingency fee arrangement allows the lawyer to accept high-risk, high-payoff cases. This enables the lawyer to acquire experience and knowledge without having to invest any money in the practice. However, this arrangement also forces the lawyer to deal with cases where he or she may have a difficult time getting the settlement offer to the client. The alternative is to allow the client to go after the settlement offer in court, and the lawyer would have to spend additional time and money trying to defeat the case.
Some Personal Injury Lawyers work on a “no win no fee” basis, which means that they only receive a percentage of the settlement or compensation. In personal injury cases, this percentage is often quite low. Many insurance companies only want to settle personal injury cases out of court, because the alternative is going to trial and paying a large amount of money to the insurance company and lawyer. For insurance company it’s easier to have the plaintiff go through the litigation process and get their claim paid off in a court of law. For personal injury cases, the likelihood of winning the case or getting monetary compensation, are low, and therefore the insurance company opts to settle the claim out of court.
Most Personal Injury Law Firms has websites, which provide information about the lawyers and their experience in the field. They provide details of various types of cases, including those filed in the state and federal courts. The website also offers state bar associations information. It is very important for individuals to choose an experienced personal injury lawyer, who has the required knowledge and expertise, to win their case.