ACCIDENT AND INJURY LAWYERS AND SERVICES
Personal Injury lawyers represent clients in accidents for injuries arising out of wrongful conduct such as negligent acts, intentional/punitive acts committed by others, including corporations and public entities. The goal of the personal injury lawyer is to assist the client in obtaining full and fair compensation for the losses caused by the wrongful conduct.
Personal Injury Lawyers – Fiduciary Duty To Client
While personal injury attorneys have often had to endure the criticism and stereotypes of greed and overreaching, most accident and injury lawyers are in fact held to a high standard of professional and ethical conduct. Specifically, by law, personal injury lawyers owe their client a duty of loyalty and confidentiality and must work to protect and advance their client’s interests even over their own. A personal injury lawyer’s failure to comply with their ethical responsibilities can result in his or her suspension or permanent disbarment from the practice of law.
Common Injuries Handled By Personal Injury Firms
Most personal injury law firms handle traffic accident cases, usually of the soft-tissue variety resulting from traffic collisions caused by other vehicles such as automobiles, train and motorcycles. While the vast majority of these lawyers deal mostly with soft-tissue injury cases that are usually treated by chiropractors, they also handle much more serious injuries such as broken bones, herniated disks, lacerations, and internal injuries. Also a client’s emotional injuries, which usually take the form of pain and suffering, can be a essential and significant aspect of the client’s monetary recovery.
Personal injury cases are not limited to car accidents. There are many personal injury lawyers that work exclusively with clients who have been injured on the job. This area of injury law is called Workers Compensation and it deals exclusively with workplace injuries.
Most experienced personal injury firms will also handle cases in which their clients injury was caused by a defective and dangerous product, medical malpractice, defective and dangerous conditions, slip and falls, and damage caused by construction accidents.
Common Personal Injury Legal Theories On Liability
Personal injury lawyers operate under the states tort law system for compensating victims of injuries and accidents. The most common legal theories used for imposing tort liability in accident cases include negligence, strict liability such as product liability, and injuries caused by a violation of local ordinance, state or federal statute. This is known as “negligence per se” and it allows the plaintiffs attorney to rely on the defendant’s violation of the statute to establish liability.
Lawyers Fees And Compensation –Recovery By Settlement Or Trial
Personal injury lawyers are among the most highly compensated lawyers in the nation. While most personal injury lawyers work on a contingency fee basis, the percentage earned by the law office from their client’s case is customarily between 30% and 50% of the client’s financial recovery. If the lawyer was unable to recover monetary damages for the client, the law office will normally receive nothing for its services and efforts, except in certain circumstances, to have their advanced costs reimbursed back to them from the client. Most personal injury firms in these circumstances are almost always willing to waive their advanced costs in exchange for a liability release from the client.
The Personal Injury Client Interview – AKA Client Intake Process
One of the most important roles of the personal injury attorney is the client interview or client-intake process in which the lawyer meets with the potential client and determines whether the case is worthy of civil prosecution. An experienced personal injury lawyer determines whether the case, even if legally sound, is financially viable enough from both the client and lawyers perspective.
The client interview is also important because it provides the personal injury lawyer with a valuable preview of how the client might perform under the stress of deposition or trial. Further the client interview will likely be the clients most recent and best recollection of the facts and events surrounding the case and therefore the lawyer will want to capture and record the clients memories, observations and impressions before they fade from the clients memory.
During the client interview the lawyer will also help the client identify both the favorable and unfavorable legal and factual issues involved in the case and how they may later be overcome during the litigation phase. This usually means the personal injury lawyer will want to perform some level of investigation including preliminary legal research before the firm will formerly accept the case.