What Do Personal Injury Lawyers Do?

Personal injury lawyers help people who have been injured because of someone else’s negligence or misconduct.

They work to secure compensation for medical expenses, lost wages, and other damages caused by accidents.

Personal Injury Lawyer helping client with neck injury

Their responsibilities include gathering evidence, negotiating settlements, and advocating for their clients in court when necessary.

How Personal Injury Lawyers Help Their Clients

Personal injury lawyers manage the complex processes involved in pursuing compensation after an injury.

They handle the technical and procedural aspects of a case, allowing clients to focus on recovering from their injuries.

Evaluating a Case

The first step is reviewing the details of the case to determine whether it has legal merit.

Lawyers examine medical records, accident reports, and any available evidence to establish if negligence can be proven.

Based on this evaluation, they advise clients on the potential outcomes and damages they may pursue.

Communicating with Insurance Companies

Insurance adjusters often attempt to reduce payouts by disputing fault or minimizing injuries.

Personal injury lawyers handle all interactions with insurers, ensuring their clients’ interests are protected and any settlement offers reflect the full extent of damages.

Building the Case

A successful claim relies on thorough preparation.

Lawyers gather medical documentation, review witness statements, and consult with experts when necessary.

For instance, they may work with an accident reconstruction specialist to demonstrate how an incident occurred and who was responsible.

Common Types of Personal Injury Cases

Personal injury lawyers handle various cases, each requiring unique strategies to achieve the best results for their clients.

Motor Vehicle Accidents

Motor vehicle accidents involve cars, trucks, motorcycles, and pedestrians.

Lawyers work to prove that another party’s negligent actions caused the crash and the resulting injuries.

Example:

A driver fails to yield at a stop sign and strikes another car, causing injuries to the other driver.

The injured party hires a lawyer to pursue compensation for their medical bills, lost income, and pain and suffering.

Premises Liability

Premises liability cases involve injuries that occur on unsafe property.

Slip-and-fall accidents, inadequate security, and unsafe structures are common examples.

Lawyers work to show that the property owner knew or should have known about the hazard but failed to correct it.

Product Liability

Defective products can cause serious harm to consumers.

In product liability cases, personal injury lawyers pursue claims against manufacturers, distributors, or retailers, using expert analysis to demonstrate how the product’s defect caused the injury.

Medical Malpractice

Medical malpractice cases arise when healthcare providers fail to meet the expected standard of care, resulting in harm to patients.

Common examples include misdiagnoses, surgical errors, and medication mistakes.

Lawyers work with medical experts to prove negligence and show how it caused harm.

Wrongful Death

Wrongful death claims are filed when someone loses their life due to another party’s negligence or intentional actions.

Lawyers help surviving family members recover compensation for funeral expenses, lost income, and emotional distress caused by the loss of their loved one.

Steps in a Personal Injury Case

Each personal injury case involves several steps, from the initial consultation to the resolution of the claim.

Lawyers guide their clients through each stage, ensuring all legal and procedural requirements are met.

Investigating the Case

The first step is collecting evidence to support the claim.

Lawyers gather medical records, accident reports, and photographs of injuries or the scene.

Depending on the case, they may consult with experts to strengthen the evidence and clarify the details of what happened.

Example:

In a premises liability case, the lawyer may interview witnesses and obtain maintenance records to demonstrate that the property owner failed to address known hazards.

Filing a Claim

After gathering evidence, the lawyer files a claim with the at-fault party’s insurance company.

This includes submitting a detailed account of the incident and the damages sought.

Negotiating a Settlement

Insurance companies often try to settle claims for less than they’re worth.

Lawyers present evidence of their clients’ losses and argue for fair compensation.

Settlements often include reimbursement for medical expenses, lost wages, and future costs associated with recovery.

Preparing for Trial

If a settlement cannot be reached, the case proceeds to trial.

Lawyers organize evidence, prepare witnesses, and present arguments in court to secure a favorable outcome for their clients.

Compensation in Personal Injury Cases

Compensation in personal injury cases aims to address the financial and emotional impact of injuries.

Damages are divided into three main categories.

Economic Damages

Economic damages cover financial losses related to the injury, such as:

  • Medical Costs: Expenses for treatment, surgeries, and rehabilitation.
  • Lost Wages: Income lost during recovery and reduced earning capacity for those unable to return to work.
  • Property Damage: Costs to repair or replace damaged belongings.

Non-Economic Damages

Non-economic damages address losses that cannot be measured in dollars, including:

  • Pain and Suffering: Physical pain and emotional distress caused by the injury.
  • Loss of Enjoyment: Reduced ability to participate in activities or hobbies previously enjoyed.

Punitive Damages

Punitive damages are awarded in rare cases involving reckless or intentional actions and are designed to punish the wrongdoer and discourage similar behavior in the future.

The Importance of Hiring a Personal Injury Lawyer

Personal injury cases involve strict deadlines and detailed procedures that can be overwhelming for someone without legal experience, especially when dealing with the burden of an injury.

Lawyers handle the required paperwork, negotiate with insurance companies, and ensure claims are filed correctly, giving clients a better chance of securing fair compensation.

Knowledge of the Law

Personal injury lawyers understand the statutes and procedural rules that apply to each case.

Their knowledge ensures that claims are filed correctly and deadlines are met.

Negotiation Skills

If an insurance company offers a low-ball settlement, personal injury lawyers counter the offer by presenting evidence and advocating for compensation that fully reflects their clients’ losses.

Trial Experience

Although most cases settle before reaching court, injury lawyers with trial experience can effectively represent clients if litigation becomes necessary.

Myths About Personal Injury Lawyers

Myth: Personal Injury Lawyers Are Ambulance Chasers

Some people believe personal injury lawyers aggressively seek out accident victims to pressure them into filing lawsuits.

In reality, ethical rules strictly regulate how lawyers can contact potential clients.

Most lawyers rely on referrals or clients reaching out directly for help.

Myth: All Cases Go to Trial

The majority of personal injury cases are settled out of court.

Lawyers work to resolve claims efficiently, focusing on fair agreements without the added time and risk of a trial.

Myth: Hiring a Lawyer Is Too Expensive

Most personal injury lawyers operate on a contingency fee basis.

This means clients pay nothing upfront, and the lawyer only receives payment if the client recovers compensation.

Final Thoughts

Personal injury lawyers not only advocate for fair compensation but also bring clarity to a process that can feel overwhelming and uncertain.

Many people hesitate to pursue a claim because they don’t know what to expect or fear the legal process will take too much time or energy.

Lawyers simplify these steps by breaking down what’s needed, addressing delays, and ensuring deadlines are met.

Beyond the practical aspects, they serve as a steady guide for clients during stressful times, pursuing compensation to cover all losses, and helping them regain stability so that they can focus on moving forward.

Chelsea Wilson
Chelsea Wilson is the Community Relations Manager for Washington University School of Law’s distance learning LLM degree program, which provides foreign trained attorneys with the opportunity to earn a Master of Laws degree from a top-tier American university from anywhere in the world.

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