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What does a Personal Injury Lawyer Do, and Why is it Important to Hire One?

June 6, 2023 
by LA Injury Group

A Personal Injury Lawyer is a lawyer who offers legal representation to people who have suffered harm arising from negligence caused by another person. They use their training and experience to ensure you are adequately compensated. Most Personal Injury Attorneys work on a contingent fees basis to the extent that they will not be paid if the Personal Injury Claim is unsuccessful. On this basis, they work diligently to ensure you are compensated, as their fees depend on the successful claim resolution.

Typically, attorneys specializing in this field operate within dedicated law firms. These firms often exclusively handle cases related to injuries caused by negligence or wrongdoing. These establishments employ a team of specialized lawyers to manage the high volume of cases.

What is a personal injury lawyer? It is a professional key to the success of personal injury claims, which depend upon the existence and breach of a duty of care, the foundational elements of any claim based on negligence. These lawyers need to ensure they effectively demonstrate all elements of negligence. Failure is defined as a situation where an individual or a group, due to their carelessness or neglect, causes harm or loss to another. This negligence may include failing to take reasonable steps to prevent foreseeable harm. The foreseeable damage must have been within the negligent party's duty of care.

Negligence acts can result from intentional or unintentional conduct. It is classified as a civil matter and may result in the victim receiving compensatory and punitive damages. Compensatory damages are damages given to a victim of negligent conduct to compensate them for the damages that they have suffered. On the other hand, punitive damages are issued to victims to punish the negligent parties for bringing about the harm suffered. Negligent conduct includes actions that result in medical malpractice suits, motor vehicle accident suits and premises liability suits.

lawyer writing notes in front of a gavel

For an Injury Claim of negligence to succeed, your Personal Injury Attorney must demonstrate the following:

  • There was a duty of care to you by the offending party;
  • There was a breach of the burden of care;
  • There must be a connection between the loss suffered, and the duty of care breached; and
  • There was harm that you suffered as a result of the breach of duty of care.

Types of Personal Injury Cases

The following are the types of personal injury cases:

Motor Vehicle Accidents

These are collisions between vehicles such as trucks, buses, cars, motorcycles, and various types of motor vehicles. Motor vehicle accidents can result in minor and major injuries. The severity of the injuries suffered from motor vehicle accidents shall range from one accident to another. One could also likely suffer life-long injuries and death due to the accident.

Medical Malpractice

Medical malpractice occurs when a doctor or any other health care service provider fails to give the expected level of care to the people they are treating or attending to, resulting in their injury or illness. Therefore, medical personnel must always offer their services with much consideration and care to avoid facing a Injury Claim. They should always adhere to the expected standard of care.

If you want to pursue a medical malpractice claim, there are many things that you should take into consideration. These many things can be complicated. You must immediately engage the services of a Personal Injury Lawyer. A Personal Injury Attorney shall advise and assist you while filing a medical malpractice claim.

Premises Liability

This legal concept requires owners or people who occupy various premises to be responsible for the harm that results from the premises. This law imposes a duty of care on premise occupants to maintain safe conditions for visitors. It encourages owners to take all reasonable measures to ensure no injury on and around their premises. The law also enables victims to seek compensation in the event of harm.

Premises liability includes harm from private buildings, public buildings, and any other place occupied. Sometimes, the at-fault party may be unaware of their premises' hazards. The party is responsible for creating the danger is irrelevant.

An injured party has the right to sue the occupiers of the premises. When sued and found guilty, the occupiers may be required to pay compensatory and punitive damages.

Premises liability examples include:

  • Slip and fall accidents on the premises
  • injuries that result from fire or explosions emanating from the premises
  • Dog bite injuries from the dogs on the premises

If you want to pursue a premises liability claim, there are many things that you should take into consideration. The complexities involved can be confusing and overwhelming. Therefore, it is advisable to engage the services of a Personal Injury Lawyer immediately. A Personal Injury Lawyer shall advise and assist you throughout the process of filing a premises liability claim.

Product Liability

Product liability is a responsibility created on a product's manufacturers, sellers, or distributors to compensate consumers who suffer harm for using their products. The injury sustained by the consumers of defective goods could emanate from errors during the manufacturing process, dangerous designs of the products, inadequate warnings to the ultimate consumers, and any violation of any other duty on the manufacturers of the products. Therefore, this situation requires the manufacturers to ensure that their products are safe for use and meet the expected standards.

If you are a victim of a product defect or if anyone you know is a victim of the same, it is crucial that you immediately engage the services of a Personal Injury Lawyer so that they can assist you in filing a product liability claim.

Wrongful Death

Wrongful death is legal terminology that describes a situation in which a person has died because of another person's intentional or negligent conduct or an organization's negligence. When wrongful death happens, family members of the deceased have the right to seek compensation from the person, people, or organization who caused the accident.

When a wrongful death claim is filed and succeeds, the court awards damages to the deceased's family. The damages are there to compensate the family for the loss of financial support from the deceased person, medical expenses incurred after the accident, the pain and suffering suffered by both the deceased as well as the family, the costs of burying the deceased, and any other costs surrounding the accident.

Victims of wrongful death must always understand their rights to ensure that there is compensation for the injuries suffered. It would be best if you also understood that wrongful death claims are a complex civil law process that is both time-consuming and draining. It is, therefore, necessary to engage the services of a wrongful death lawyer to avoid being too involved in the complicated legal process. The lawyer shall also advise you on your options based on the unique circumstances of the wrongful death claim.

In the event of a wrongful death of any person you know, it is crucial that you immediately engage the services of a lawyer so that they can help throughout the process of filing the wrongful death claim.

What Do Personal Injury Lawyers Do?

Personal Injury Lawyers handle various duties on behalf of their clients regarding injury claims. Personal Injury Lawyers must do certain things to ensure their clients' claims are successful.

Conducting Investigations

As soon as a client instructs a Personal Injury Lawyer, the first thing that the lawyer would do is conduct an investigation. The purpose of conducting investigations is to ascertain the party that is at fault. This investigation involves examining the accident footage and various reports related to the accident.

The lawyer will also study the client's medical records to understand the extent of the injury and decide which claims to advise the client to pursue. The lawyer may also speak to the people who witnessed the accident so that they can consider their versions. The lawyer shall also talk to experts who shall put in evidence to support the claim.

The aim of collecting and preserving evidence is to rely on them to support the claim. The evidence shall demonstrate that the at-fault party is responsible for the accident and should be made liable for all the damages.

Determining the Value of Your Injury Claim

After putting together the evidence, the Personal Injury Lawyer will decide on the value of your claim.. The determination of this amount shall largely depend on the extent of the injuries suffered, the expenses used to treat the injuries, lost wages, the amount of future medical bills, the costs of any repairs, and previously decided cases.

It follows from the above facts that a competent lawyer must be able to come up with a value for your claim that is proportional to the injuries suffered.

Negotiating with the Insurance Company

The attorney will negotiate with the insurance company of the party at fault. To conduct effective negotiations, the lawyer must gather all the necessary evidence. He will underscore the likelihood of your claim's success should it go to court. This professional will also handle any inquiries the insurance company might have. By advocating for you, the attorney helps prevent any missteps that could potentially jeopardize your claim.

Preparing and Filing a Claim

Suppose negotiations with the insurance company are unsuccessful or the offer from the insurance company is minimal. In that case, the lawyer shall assemble the evidence, prepare a claim and file them in the appropriate court.

Assembling the documents can be time-consuming because the Personal Injury Lawyer may need to conduct interviews and compile witness statements. The lawyer must be confident in the claim they are filing, which, in most instances, would require your cooperation.

Participating in Discovery

After preparing and filing the claim, the Personal Injury Attorney shall participate in the process known as discovery. This process involves the Personal Injury Attorney sharing the evidence you intend to rely on in supporting your claim and requesting and reviewing the evidence that the defence plans to rely on.

Trying the Case in Court

As much as most Personal Injury Claims result in settlements, certain cases are in court. However, parties can arrive at a settlement at any stage before judgment.

If the matter proceeds to court, the Personal Injury Attorney shall represent the Client before a judge or, in certain instances, before a jury. In court, they shall present their Client's case, call witnesses to support the claim, call expert witnesses, and do all necessary to ensure the claim is successful. Court proceedings can be stressful, and there is a greater need for a Personal Injury Attorney.

How Much Do Personal Injury Lawyers Cost?

The cost of a Personal Injury Lawyer can vary depending on the complexity of the case and the amount of time and resources that need to make it successful. Sometimes, personal injury lawyers may charge their fees based on hourly rates or work on a contingency fee basis, typically taking a percentage of any settlement or award received. It is, therefore, important to know how the Personal Injury Attorney that you are approaching charges as legal fees.

A Personal Injury Lawyer's fees vary from one lawyer to another. The following factors primarily contribute to the differences in costs:

Personal Injury Claim: The Complexity of the Case

Personal Injury Lawyers may charge huge costs in cases where the cases are complex. However, when the claim is straightforward, Personal Injury Attorney will likely charge a small amount for his legal services.


Time is a crucial factor in all stages of filing a claim related to injuries caused by negligence. Consequently, a time heavily influences how these specialized attorneys set their fees. Most attorneys may charge a smaller fee for cases requiring minimal time commitment. However, the lawyer's fees could be more substantial when a case demands significant time and effort.

The time taken on a case shall vary from case to case. The reason for the variation in time mainly comes about because of the issues in the matter. Collecting evidence can also be long as the success of any Insurance Claim depends on the available evidence. In certain instances, getting the police report or the accident footage can take longer than expected. When this happens, the Personal Injury Attorney shall aim to accumulate huge fees.

The amount of Resources Required 

All cases require resources to be successful. The resources include:

  • The number of lawyers who shall work on the claim.
  • The number of experts who shall provide evidence to support the claim.
  • The amount of money for putting together evidence.
  • Any other costs that are necessary for the claim to be successful.

The number of resources spent on a case affects the legal fees likely to be charged. The costs will likely be high when the claim requires vast resources. When the resources required are low, most Personal Injury Attorneys shall charge a small amount of money as legal fees.

Some lawyers charge hourly rates, with fees depending on the time spent on the case.

Certain attorneys, often working within a personal injury law firm, charge on a contingency fee basis. This arrangement requires clients to pay legal fees only if their claim is successful, effectively easing concerns about initial expenses.

Contact a Personal Injury Attorney for Help

If you are a victim of an accident, you shall likely have worries and doubts about how you should handle your situation. In that case, speaking to a Personal Injury Lawyer as soon as possible is in your best interest. The personal injury attorneys shall listen to the circumstances of your case and advise you on the best way forward. They will assist you in negotiating to ensure your rights are adequately protected. A Personal Injury Attorney will listen to the circumstances of your case and advise you on the best way forward.

Contact us today at +1 (818) 240-1800 or by emailing us.

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