What is a Personal Injury Lawyer?
A personal injury lawyer is an attorney whom represents someone legally who has been injured by a result of negligence. The injury to that person may be physically, it may be emotionally and even psychologically. As well, the negligent party may be another person or persons, it may be a company or corporation; and in some instances, it may even be a government agency. Personal injury lawyers make their living representing those that are put into circumstances beyond their control; as a result they suffer and should be compensated for their suffering. Compensation for their suffering is usually resolved through litigation in a civil forum. In the legal world, the area of law that deals with civil laws and litigation is known as “tort” law. Therefore, a good personal injury lawyer would be familiar and schooled in tort law. Although, tort law and criminal law are sometimes intertwined; the two are completely separate in the legal system. For example, if a person is found not guilty of causing someone’s death in a criminal proceeding, he or she can still be held responsible and even lose a civil trial.Â
Personal Injury Lawyers tend to have cases that may include wrongful death; ATV, motorcycle, vehicular, boating, tractor-trailer accidents, work-related accidents, defective products, medical malpractices, slips, falls, and even sexual harassment. Unlike state and federal laws, there are no strict written laws governing tort or civil law. Many cases are heard by juries and judges that decide the innocence or guilt of the alleged negligent party; and because of this, many cases that personal injury lawyers take are settled prior to stepping foot in a court room. Civil cases that are often won in a court room usually require the wrongdoer to admit guilt, as well as, compensate the victim. Many times, it’s easier to settle a case out of court- it’s generally less costly, as well as, in most situations; there’s no mention of guilt or wrongdoing. And many times, there are even stipulations that limit conversation on settlements of a case.
Personal injury lawyers are schooled just as most other lawyers, they are required by states to complete 4 years of college, then graduate from an accredited law school. For those that wish to practice personal injury law; they must also continue their education regarding the newest of developments in tort or civil law. As well, many personal injury lawyers will seek to become specialists in their field; for this, a certification program must be completed. There certification programs must be accredited by the American Bar Association.
In most instances, personal injury lawyers do not ask for any hourly rates or flat fees; they usually work on a contingency fee basis. Contingency fees are basically an agreed set amount, usually a percentage, of the total compensation that a client will receive. Therefore, the client is never out any money from their own pocket. Most personal injury lawyers only are paid if you win or settle your case (such as this Florida accident attorney). For many victims of negligent acts this is the only way they could ever afford legal representation; therefore, it’s a win-win situation for both the client and the personal injury lawyer.
Originally published here.
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