What Is a Personal Injury Attorney?

A personal injury lawyer may choose to have one sub-practice area like car accidents or bicycle accidents on which the majority of their cases are defined. However, many personal injury lawyers also practice more broadly, including taking cases in medical malpractice, wrongful death, and more. You should always research the personal injury firm you're thinking about working with to make sure that they actively practice in the type of personal injury claim you need to file.

An injury lawyer is responsible for representing the needs of a victim who has been heard in an accident. Injury lawyers work somewhat differently from other types of attorneys because of the way they structure their fee payments. If you were working with another kind of lawyer, you may need to pay them upfront for their services based on their expectation of the time that it would take to resolve your legal issue. You might also be requested to pay an hourly rate based on the time they invest in your case. However, in a personal injury case with Morgan & Morgan, attorneys get paid on a contingency fee basis. This means that they are only successful in recovering compensation for their services if they achieve a settlement for you or excel in court with a verdict. As a result, you need to meet with your injury lawyer at the outset of your case and before the statute of limitations expires to determine whether or not they feel there is strength to your case for them to be willing to take it. 

The role of a personal injury attorney in your case will vary based on when you're filing, whether the other side is willing to agree to terms and settle things outside of court, and the complexity of your overall case. Many victims in vehicle accidents and other personal injury incidents choose to hire a personal injury lawyer because of all that is at stake.

A personal injury lawyer typically begins by reviewing the case. There are many factors that influence whether they will be successful in settlement conversations or trial, so it is imperative to retain a personal injury lawyer who has been through this before and who has access to the right resources to pursue your case. During your first meeting with a personal injury attorney, like those at Morgan & Morgan, your lawyer will discuss how the incident happened and any questions you have. It can be helpful to bring a timeline, copies of police reports, and even bullet points to help you remember the primary facts of your case. Depending on what you have with you, your lawyer may ask for additional information. 

For example, it is common in potential medical malpractice cases for the medical records to be sent out to an independent medical examiner, who may determine if there are grounds to file a lawsuit against a medical provider. Your lawyer will tell you more about what you can expect as the next steps. Your attorney will also verify in your initial meeting whether or not your case meets the grounds to file under your state's statute of limitations. Each state has very defined rules about when you can file a lawsuit, and if too much time has elapsed since the initial incident, you may be barred from bringing a claim. Make sure to review your state's statute of limitations before meeting with your attorney. In most personal injury cases, this is anywhere from a few to several years after the initial accident occurred, although there are rare exceptions that extend the statute of limitations period.

Your lawyer, if selected, and if they wish to take on the case, then is responsible for handling all paperwork, filing, working with the court, talking to insurance companies, and communicating with other stakeholders in the case, such as the other party and their insurance company or legal representative. Your attorney then must keep you up to date about what's happening with your claim. If the other side presents a settlement offer, for example, your attorney must bring it to you for your review. You can discuss with your lawyer whether or not the settlement offer fairly compensates you for what you've gone through. If you are not able to arrive at a settlement offer or accept one that is given to you, your case will go to trial. Your attorney should advocate for all possible resolutions of your case, including settlement, while also being prepared to go to trial if and when that becomes necessary. 

Your lawyer is vital for determining the legal strategy of your case. This might include communication with expert witnesses, hiring accident reconstruction experts, reviewing medical records, and handling other aspects of your personal injury claim. This frees you up to attend your medical appointments and gives you the best chance for physical and mental recovery. Living through an accident can be extremely difficult for many people and their family members, and you don't need the added stress of worrying about these additional components of your case. Your lawyer will rely on their experience, knowledge, and resources to develop the legal strategy for your claim. 

Their goal should be to allow you to be made whole after the accident. Sometimes this does not mean that you are able to fully recover and walk away with exactly what you expected, but your lawyer's goal should be to do everything possible to fight for a fair outcome for you. If you're concerned about hiring a personal injury attorney, read reviews about the law firm before communicating with them about an initial consultation. This process will tell you a great deal about what you can expect in working together and will help you feel more confident that you've made the right choice. 

There are probably many attorneys in your area who practice in the field of personal injury, but you need to leverage your research and review capability to determine the right fit for you. 

Meeting with your legal team is your chance to ask questions about how they'll handle your case and which kinds of evidence may be used to support your claim. You can bring information about your lawsuit to this meeting so your lawyer can have all the materials needed to determine if you have grounds for a case. 

Contact Morgan & Morgan today if you have more questions about your rights and receive a free, no-obligation case evaluation.