The legal definition of a personal injury lawyer is one who specializes in cases involving all manner of personal injuries, including those which result in death. This is a broad spectrum that we will look at in further detail below. Our aim is to explain the role and what it entails and help you decide whether you may need a personal injury lawyer to help you in your current situation.
Personal Injury Cases
The broad spectrum of cases which falls under the jurisdiction of personal injuries includes;
- Any incident which results in a personal injury of the physical, mental or emotional kind
- Medical harm and malpractice
- Assault and battery cases
- Trips and falls
- Defamation, libel, and slander
- Faulty products and the liability of the manufacturers
- Injuries that occur while the victim is within the premises, or on the land, of the defendant should a claimant subsequently pass away as a result of the injuries they have received. Their next of kin can carry on with the case on their behalf. Personal injury lawsuits in the US fall under both tort and civil law. Tort law deals with those cases where acts have caused harm but aren’t illegal and cannot be pursued under criminal law. Personal injury lawyers are also known as trial lawyers and plaintiff lawyers – it really depends on what experience the lawyer has and how they want to describe themselves.
How They Represent You
Once you have engaged their services, your personal injury lawyer will offer legal advice, file your legal complaint, prepare all legal documents pertaining to your case and represent you in court. Their primary purpose is to ensure that you get justice and the compensation you are entitled to from the defendant. Oftentimes your lawyer will make an out of court settlement on your behalf. This will only happen if the plaintiff and defendant can agree on a settlement as it’s cost-effective to not have to go to court. However, there are times when the defendant will deny they are to blame and aren’t prepared to accept responsibility. These are the cases that need to be settled by a judge.
Specialized Fields
There are many personal injury lawyers who have chosen to specialize in niche areas where cases are more complex and demand a higher level of expertise. One such example is if a lawyer specializes in medical malpractice then they will be highly experienced in such areas as anesthesia negligence or equipment malfunction.
Positive Traits
All personal injury lawyers must follow a strict ethical code, display a dedication to seeking justice and demonstrate compassion for all of their clients. They must also be able to show that they can be effective and worthwhile advocates and possess strong skills in the fields of research and analysis. They must also be adept at gathering and then examining data and/or evidence that they will use in a pertinent manner to support the cases of their clients.