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  • Writer's pictureTom Fowler

What Are the Duties of a Personal Injury Lawyer?

Personal injury cases include complex legal procedures so that accident victims can recover the proper compensation. As such, it is almost necessary to have a personal injury lawyer to help with the process.

Before hiring an experienced personal injury attorney, clients should understand what their duties are to ensure they get the best service. Proceeding with a case can have a significant impact on someone's daily life. They should be confident in their representation.

Continue reading to learn about the responsibilities of a personal injury lawyer and how they fit within a legal case.

What Types of Cases Does Personal Injury Law Include?

What Types of Cases Does Personal Injury Law Include?

A personal injury case is a form of tort law in which the plaintiff has suffered damage to their mind, body, or emotions. It can materialize through a variety of situations.

Car Accidents

A car crash is a common personal injury case that requires legal representation. This category can also include bus, bicycle, motorcycle, pedestrian, and truck accidents.

In addition, an experienced personal injury lawyer can assist in aviation accidents.

If someone finds themselves in a car accident involving a personal injury, they should seek medical attention immediately. Shortly after, they must contact a trusted legal professional to proceed with filing a claim to obtain compensation.

However, someone who sustained only minor injuries can begin collecting evidence that would eventually contribute to their case - if it is safe to do so.

If victims do not gather sufficient evidence, an attorney can help them fill in the gaps. The most important piece of documentation would be a police report, especially if the accident involves personal injury.

Premises Liability

Property owners have a legal obligation to protect anyone who is invited onto the grounds they own. If someone gets injured while on their property, they are responsible for the damage under premises liability. Such cases could include any of the following:

Speaking with a personal injury attorney can help accident victims identify their situation and how best to proceed.

Product Liability

Personal injury cases also include product liability, which protects consumers by requiring products to be safe. Defective designs or manufacturing can lead victims to file a claim for rightful compensation.

Wrongful Death

In some cases, personal injury can be more extreme. An accident lawyer can assist with a case that has resulted in a wrongful death. Surviving family members can seek justice on behalf of their loved ones.

Medical Malpractice

Medical malpractice is a case wherein medical providers are found negligent in their care, which the plaintiff would expect to be safe. The defendant may be accountable for compensation. Anyone could be held responsible - from individual nurses or doctors to entire hospitals.

The Responsibilities of Personal Injury Lawyers

An experienced personal injury attorney has the main task of providing representation for clients, also known as plaintiffs, in their personal injury cases. These lawyers practice tort law, which deals with wrongdoings in both the civic and private sectors featuring monetary and non-monetary damages.

Overall, personal injury lawyers must follow certain practices to provide the most effective service for their clients.

Explain the Legal Process

The main obligation of personal injury lawyers is to provide legal assistance, including explanations for a case. No two cases are identical. As such, a lawyer must outline the process to their client, so they can manage the proceedings more knowledgeably.

They can help clients with filing legal documents, understanding the statute of limitations, and comprehending the innate legal rights that the plaintiff possesses.

Provide Legal Advice

When tackling a personal injury case, there are multiple directions a victim can take. A personal injury attorney can assist clients in determining the path that leads to greater chances of success - whether they can negotiate a settlement or if the plaintiff must file a personal injury lawsuit.

They can also recommend whether the case is worth proceeding with, as clients may not have sufficient evidence to advance in the legal process. Attorneys may also recommend plaintiffs seek medical attention, even if clients feel it is not necessary. However, this could be to retain medical reports evidencing the aftermath of the accident.

Investigate Case and Collect Evidence

Experienced personal injury lawyers understand the importance of collecting evidence almost immediately after an accident. Without sufficient proof of the casualty and the resulting damage, plaintiffs cannot receive proper compensation. As such, a personal injury attorney can help recover relevant evidence to build a strong case.

Some examples of beneficial documentation include the following:

  • Police reports

  • Medical records

  • Expert witnesses

  • Pictures of the injury

  • Surveillance footage

The case may require other evidence that is more advanced. A personal injury lawyer may advise clients to hire an investigator for advanced proof.

Negotiate a Settlement Offer

A highly critical element of the personal injury lawyers' profession is to negotiate. They understand how to have tough conversations with the insurance company or the defendant's representation.

Attorneys' legal expertise can assist in retrieving the best remuneration, which could include compensation for any of the following:

  • Medical expenses

  • Continued medical treatment

  • Emotional distress

  • Lost wages

  • Legal fees

If clients feel they should be compensated for other damages, they can work with their personal injury attorney to see if they are feasible.

Prepare and File Pleadings

When the insurance company refuses to negotiate a fair settlement, the lawyer must prepare pleadings for filing a lawsuit. These include documents that prove the defendant is liable for the injury. The attorney works with clients, so the pleadings get filed on their behalf.

Represent Clients at Depositions and in Court

If a personal injury case develops into a lawsuit, then a deposition is necessary. Personal injury lawyers can help their clients prepare for depositions, which are the process of providing sworn evidence before trial. Being relaxed, confident, and ready for this step benefits a plaintiff's case.

A court appearance is the next part of a lawsuit if the negotiation does not settle during litigation. Similar to the deposition, a personal injury attorney aids their clients in preparing for trial.

Plaintiffs should hire a trusted attorney who is comfortable in trial settings. The best personal injury lawyers prepare each case as if it was guaranteed to go to court. When a plaintiff's representation has this level of confidence, the insurance company or defendant seeks to settle before advancing into further legal action.

Qualifications of a Personal Injury Attorney

There are several qualifications required for someone to practice law. Personal injury lawyers must pass a written bar and ethics exam to become members of their state bar association.

Before passing any examinations, applicants should possess a college degree and a law degree from an accredited institution. Once admitted, they must maintain their expertise by regularly taking education courses.

A licensed and qualified attorney can then think about specializing in a certain legal field, such as personal injury.

Since several situations fall under this category, a personal injury attorney can opt to deepen their specialty by picking one form of litigation to practice. As a result, potential clients can find representatives that work only on car accident cases or workers' compensation claims, for example.

To legally qualify as specialists in a field, Des Moines injury attorneys must possess a certification that deems them so. The American Bar Association issues this recognition after applicants meet certain requirements.

The Compensation for a Personal Injury Lawyer

The Compensation for a Personal Injury Lawyer

Personal injury attorneys charge for their services in different ways. The most popular form of billing is on a contingency fee basis. The personal injury law field is lucrative, so the fairest way to charge clients is based on the outcome of a case.

A contingency fee indicates the lawyer gets paid if the client receives compensation from the settlement. Often, fees for hiring a legal expert are included in the agreed price. Legal representation receives 30 percent of the earnings, on average.

It is not uncommon to see lawyers charge by the hour. This is probably the second most popular way they charge clients for their service. Plaintiffs must pay a flat fee for every hour the lawyer dedicates to the case.

Additionally, prospective clients may see an attorney who charges a flat rate. This is not as common but involves paying for their services before a trial begins.

The final possible option for payment is a combination of all of the above.

Hire a Trusted Professional

Hiring an attorney for a personal injury case is almost obligatory. Plaintiffs could represent themselves during negotiations and presenting evidence, but they must be aware of the legal procedures. Tom Fowler Law can also answer questions like, "What does personal injury law cover?"

Judges expect them to be knowledgeable of the system for smooth proceedings. Otherwise, the plaintiff may not achieve the compensation they deserve.

Investing in trusted legal professionals can help build stronger cases. However, when it comes down to the outcome of a settlement and payment, clients need the best representation possible.

Tom Fowler Law is a trusted personal injury law firm in Des Moines, Iowa, that can help clients attain fair compensation if they are wrongfully injured.

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