What Are The Duties of a Personal Injury Lawyer?

Personal injury lawyers help injured people collect compensation for the pain and suffering they have endured due to the negligence, recklessness, or intentional conduct of another party or entity.  The compensation is typically awarded in the form of monetary damages, but in some cases there is an action for an injunction to stop a particular conduct.  There are many types of personal injury cases-including car accidents, breach of contract, slip and fall, negligent hiring, civil rights, etc.

A Personal Injury Attorney Must Decide is a Case is Viable

The first duty of a personal injury lawyer is to decide whether your case is viable.  Most personal injury attorneys work on a contingency fee, which means that they are only paid out of a portion of the proceeds awarded from the settlement or verdict. If nothing is collected from the guilty party then you do not owe the attorney anything for the work they’ve done on your case. This is why personal injury attorneys only accept strong cases that are likely to result in a substantial payout. If a personal injury attorney rejects taking your case on a contingency fee, and rather asks that you pay him by the hour for his time-this is a huge red flag.  If he doesn’t think highly enough of your case to invest his money, then he shouldn’t be accepting fees for working on it.

Negotiating a Settlement

A personal injury attorney should thoroughly investigate your case and collect all the relevant evidence associated with your incident.  First, there must be evidence to support the theory of liability that applies to your case, such as why another driver was at fault or how a doctor did not use the proper standard of care.  Next, they will collect medical reports that show how badly you were injured and your employment records to see how it has impacted your life physically, emotionally, and financially.  Once this information is fully compiled, it is time for the attorney to try to negotiate a settlement with the adversaries.  If a settlement cannot be achieved, the case will have to go to trial.  Trials are risky and expensive, so it’s usually best if the case can be settled before trial-and this is the goal of a good personal injury attorney.

Please do not attempt to determine if you have a compensable case. You must consult a relevant liability attorney who has the expertise and extensive knowledge necessary to determine who ultimately caused the harm and injuries you or a loved one suffered. Contact us for a free case evaluation here.