personal injury lawyer
A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers primarily practice in the area of law known as tort law. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.
The term "trial lawyers" is used to refer to personal injury lawyers, even though many other types of lawyers, including defense lawyers and criminal prosecutors also appear in trials and even though most personal injury claims are settled without going to trial.
Qualification
A personal injury lawyer must qualify to practice law in the jurisdiction in which the lawyer practices. In many states, they must also pass a written ethics examination.
Lawyers may take continuing legal education (CLE) classes in order to learn about developments in the law or to learn about new practice areas. In states that require lawyers to attend CLE, personal injury lawyers may take CLE courses relevant to personal injury law, but are not required to do so.
United States
Certain bar associations and attorney organizations offer certifications, including certification of lawyers in the field of personal injury.Certification is not required to practice personal injury law, but may help a lawyer demonstrate knowledge in the field to potential clients. Within the U.S., not all state bars offer certification for personal injury law. Some states, such as New Jersey, allow lawyers to become Certified Trial Attorneys, a credential that is available to both plaintiff and defense attorneys. Some states, such as Arizona,restrict the use of the words "specialist" or "specialize" to lawyers who have obtained a certification from the State Bar Board of Legal Specialization in a specific field of law, with one such certification being in the area of personal injury law.
Lawyers may concentrate their practice to specific areas of law, including personal injury law. Some lawyers may further specialize to a specific area of personal injury, such as medical malpractice law. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience.
Client relations
Before accepting a new case, a personal injury lawyer typically interviews a prospective client and evaluates the client's case to determine the basic facts and potential legal claims that might be made, identifies possible defendants, and evaluates the strength of the case. A lawyer may decline to accept a case if the lawyer believes that the legal claims will not succeed in court, if the cost of litigation is expected to exceed the amount that can reasonably be recovered from the defendants as compensation for the client's injury.
Ethics
An attorney should provide diligent representation to clients, and the ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain just compensation for their losses. As with all lawyers, the attorney-client relationship is governed by rules of ethics.
In the United States, lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations.States normally require all contingency agreements between lawyers and their clients to be in writing, and may limit the amount that may be charged as a contingency fee to a specific maximum percentage of the recovery.
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