What is a Personal Injury Lawyer?

Lawyers prepare legal cases and represent people, companies, organizations, or governments in legal proceedings. Most people have a basic awareness of the role of prosecuting and criminal defense attorneys from news about trials and television dramas. Still, news reports and TV shows portray only some types of lawyers or the scope of their duties.

There are multiple types of lawyers, including family, criminal, corporate, tax, and personal injury lawyers. The types of cases lawyers take on depend on their legal specialty. You must choose the right lawyer to get the best results. Let’s look at what personal injury lawyers do and the types of cases they can help you resolve.

What is a personal injury lawyer?

Personal injury lawyers specialize in tort, or personal injury, law. When someone is injured due to someone’s negligent actions or inactions, a personal injury lawyer can initiate a lawsuit seeking damages to compensate for the accident’s impact on their life.

What type of cases does a personal injury lawyer handle?

Personal injury attorneys handle multiple case types, including the following:

• Bicycle accidents: People injured in bicycle accidents may have grounds to pursue claims from the at-fault parties who caused their accidents
• Birth injuries: Parents of newborns affected by birth injuries may have grounds for a personal injury lawsuit if the injuries stem from medical malpractice
• Crime victims: Some criminal acts involve harming others. Suppose someone breaks into your home and assaults you. You can sue your attacker for damages. 
• Dog bites: Dog owners must comply with local dog laws. Dog owners may be liable for damages if their dog harms someone.
• Medical malpractice: Medical professionals can harm patients by failing to listen to patients about their symptoms, order tests, provide a correct diagnosis, or provide appropriate treatment. Personal injury lawyers fight for compensation for victims of medical malpractice.
• Motor vehicle accidents: Personal injury lawyers represent people injured in car, drunk driving, truck, motorcycle, hit and run, rideshare, and boat accidents
• Premises liability: Property owners or occupants are responsible for keeping their premises safe or taking appropriate steps to warn visitors of safety hazards. When a person is injured because property owners or occupants failed to eliminate a safety hazard or warn guests about the risk, they may be liable.
• Slip and fall: Broken bones, traumatic brain injuries, and death are common injuries from slip and fall accidents
• Workers’ compensation: Personal injury lawyers help employees deal with workplace accident injuries
• Wrongful death: Personal injury lawyers represent the interests of family members when a loved one dies a wrongful death

Other types of cases personal injury lawyers handle include representing victims of catastrophic injuries, faulty products, and nursing home abuse.

How a personal injury lawyer helps

Personal injury lawyers learn about tort law while earning their law degree. Their familiarity with tort law and case precedents enables them to prepare cases for their clients and fight for them to receive fair compensation. Some of the tasks personal injury lawyers perform include the following:

• Case assessment: You’ll receive a free consultation to discuss your case and ensure you have grounds to pursue a settlement
• Investigate: Personal injury lawyers use their resources to learn about your case and identify the at-fault party responsible for your injuries
• Gather evidence: Your injury lawyer will gather physical evidence to support your claim. This could include photos, video footage, police reports, maintenance reports, and other documentation. 
• Locate and depose witnesses: Your injury attorney will locate witnesses and take depositions, which can be used to substantiate your legal grounds for pursuing a lawsuit and confirm the at-fault party’s liability
• Negotiate with insurance companies: Personal injury lawyers understand insurance companies’ tactics to minimize settlement amounts. Your lawyer will present evidence to support your claim and justify the largest settlement available. Your lawyer will explain all offers and options, ensuring you make informed decisions during the negotiation phase.
• Preparing and filing claims: Your lawyer will ensure your case paperwork is correctly prepared and filed before the statute of limitations expires. They’ll handle all legal paperwork throughout your case.
• Take case to civil court: Your case may go to trial if you cannot negotiate a fair settlement. In that case, your lawyer will prepare your case, present evidence in court, question witnesses, and fight for you to receive fair compensation.

Your personal injury lawyer will also help you calculate the damages to seek from your lawsuit. Injury victims can seek monetary and non-monetary damages from the at-fault party. 

Monetary or economic damages are compensation for costs arising from your accident, such as the following:

• Childcare costs: You can submit bills for childcare costs if you had to pay someone to care for minor children because your accident prevented you from caring for them
• Lost wages: Victims can seek compensation for income they failed to earn if their injuries prevent them from working
• Medical expenses: You can include all medical expenses related to your accident, including copays, therapy costs, and bills for prescription medications
• Property damage: The at-fault party may be liable to provide compensation for any destroyed or damaged property, including vehicles, clothes, electronics, or other items

Non-economic damages don’t come with a dollar value. These non-monetary damages offer compensation for the personal toll you suffer because of your accident, and the following are some of the grounds for justifying non-economic damages:

• Grief: You can seek compensation for grief if you’re unable to enjoy routine or preferred activities or if you lose a loved one in an accident
• Loss of consortium: You can seek compensation if you’re unable to enjoy intimate relations with your partner because of physical injuries
• Mental health issues: Injury victims may struggle with anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health challenges. You can seek compensation for the toll on your mental health if you’re struggling after your accident.
• Pain and suffering: Personal injury victims can claim compensation for any pain and suffering their injuries cause

Some victims can also seek punitive damages, which punish the at-fault party for reckless conduct causing harm to others. Your injury attorney can determine if there are grounds to seek punitive damages if your case goes to trial. 

How much does a personal injury lawyer cost?

Personal injury lawyers charge contingency fees. This means you can pursue a personal injury claim in Florida without paying a cent upfront. Your lawyer will represent your interests and prepare your case. Once you negotiate a settlement or receive a judgment from a trial, your attorney will take a percentage of the damages you receive as compensation for their services. 

Lawyers typically take one-third of your settlement as compensation. 

If you’ve been injured, call Bernstein & Maryanoff Injury Attorneys today 

Contact Bernstein & Maryanoff Injury Attorneys to discuss your Miami injury case today. We’ll confirm your legal options and explain what to expect from a lawsuit. Our legal team is standing by to explain your rights, help determine how much compensation you deserve, negotiate the best settlement possible, and hold the at-fault parties accountable for their actions. 

Sources:

Bieber, C. (2022). Car Accident Lawyer Fees 2023 Guide.

Lawyers: What Lawyers Do. (2023). 

Tort. (2023).

Prosecuting Attorneys. (2023).