A personal injury
attorney 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
attorney tend to practice primarily 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 sometimes used to refer to personal injury attorney , 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. When a person is injured, tort law will
govern whether that person may be compensated for the injury, the amount of
compensation that may be recovered, as well as which parties will be liable for
the injury. Tort law, also known as injury law, comes from federal and state
codes, as well as judicial opinions from prior cases. The amount of damages a
plaintiff to a personal injury action may receive can be determined by statute,
or by a judge or jury. Typical recoveries may include compensatory damages
(e.g., lost wages, medical bills, etc.) and in particularly egregious
situations, punitive damages. In some cases, a plaintiff may recover certain
non-economic damages such as pain and suffering, loss of consortium, or loss of
enjoyment of life. Personal injury attorney help injured people seek
compensation from those who have harmed them. Some injury attorneys focus on a
specific type of case, such as truck accidents, car accidents, slip-and-fall
injuries, medical malpractice or products liability cases. If a person is
injured as a result of criminal behavior, it may be appropriate to pursue a
personal injury lawsuit in addition to the state's criminal investigation or
prosecution. Many personal injury attorneys offer a free consultation to
evaluate your claim. Lawyer fees may be charged in a number of ways, including
contingency fees, hourly rates, and flat fees. In many countries, personal
injury lawyers work primarily on a contingency fee basis, sometimes called an
if-come fee, through which the lawyer receives a percentage of a client's
recovery as a fee, but does not recover a fee if the claim is not successful.
In some jurisdictions, or by virtue of the retainer agreement between an attorney
and client, the amount of the legal fee may vary depending upon whether a case
settles before a lawsuit is filed, after a lawsuit is filed but before trial,
or if the case goes to trial. For example, a retainer agreement might provide
that a lawyer will receive a 33 and 1/3% contingency fee if a case settles
before a lawsuit is filed, and a 40% contingency fee if the case settles after
the lawsuit is filed. Due to the high cost of litigation, personal injury
lawyers are rarely retained to work based on an hourly fee. However, defense
attorneys who are hired to contest personal injury claims are often paid on an
hourly basis.
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