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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