The personal injury lawyer is a civil litigator. They provide legal presentation to those who allege psychological or physical injury due to the carelessness or negligence of someone else, an organization, or entity. While mass media is filled with cases involving personal injury attorneys, ranging from wrongful death to truck accidents, not much is known about the profession. So, here is what you should be aware of.
Tort Law
The personal injury lawyer is specialized in what we know as being tort law, which covers civil or private injuries or wrongs. This includes breach of contract and defamation. Tort law’s main goal is to discourage people from committing specific offenses and offer compensation to the injured party.
With the help of the personal injury attorney, the injured party is capable of receiving compensation for losses stemming from negligence. This includes pain and suffering, emotional distress, medical expenses, loss of wages, and legal costs. Also, the attorney helps victims to deal with insurance companies.
Types Of Cases Handled
Any claim or case involving body or mind injuries is covered by personal injury law. The very common case types that are handled by such an attorney are:
- Auto accidents
- Dog bites
- Boating accidents
- Burn injuries
- Defective products
- Motorcycle accidents
- Medical Malpractice
- Construction accidents
- Pedestrian accidents
- Spinal cord injuries
What Does The Personal Injury Lawyer Actually Do?
The personal injury attorney is capable of handling a case during all stages, ranging from its inception to its appeal. The tasks performed are similar to what most litigators do. They will investigate claims and will screen clients in order to evaluate those that have a case. Then, they formulate legal theories, research case law, and gather evidence. This is a job that involves several actions, like drafting motions, pleadings, delivery requests, deposing witnesses, and interviewing them.
Most of the tasks are meant to prepare for trial. However, the lawyer also represents the client before and after the trial. Counseling is offered and more complex tasks, like negotiating with insurance adjusters, are also taken care of by the attorney.
It is important to understand that personal injury lawsuits can be very complex. That is why these attorneys often end up specialized in some niche cases. As an example, the attorney specialized in medical malpractice will often end up specialized in dealing with breach births. Specialists that deal with motor vehicle accidents can specialize in things like ATV rollover incidents.
The Required Education
The personal injury attorney will pursue the exact same education and training path as all lawyers. Law degrees need to be earned and bar examinations have to be passed. After becoming a lawyer, it is time to become certified for civil trial advocacy. This is done through specialty certification programs.
Numerous state bar associations will also require that the personal injury attorney passes the MPRE (Multistate Professional Responsibility Examination). This aims to improve professional behavior. The state can also require the lawyer to take several continuing education courses. Several other specializations can be pursued by the attorney during their legal career.