A personal injury lawyer is a type of trial attorney who represents injury victims in civil court. These victims allege that another party’s negligent or wrongful actions caused them to suffer physical, psychological, or economic harm. Personal injury lawyers rely on several tactics to win compensation for their clients. They might first try to negotiate a settlement outside of court, either with the responsible party or the party’s insurance company. If the two sides fail to reach an agreement, the personal injury lawyer can file a lawsuit and take the case to a jury trial.
Tort Law and Personal Injuries
What Kinds of Cases Do Personal Injury Lawyers Handle?
Personal injury law is a vast field of law covering any case involving physical or psychological harm. If a case features an injured plaintiff alleging that another party caused their injury, it is a personal injury case.
Here are some of the most common types of cases handled by personal injury lawyers:
- Auto accidents
- Bicycle accidents
- Boating accidents
- Construction site injuries
- Defective product injuries
- Dog bites
- Medical malpractice injuries
- Nursing home abuse and neglect
- Slip and fall accidents
- Workers’ compensation
- Wrongful death
Because personal injury law is such a broad field and every type of injury is unique, many lawyers choose to specialize in one or two fields of personal injury law. For instance, a lawyer might bill himself or herself as a car accident lawyer or a workers’ compensation lawyer. Others choose to cast a wider net, litigating every type of case involving personal injury.
How Much Do Personal Injury Lawyers Charge?
Every personal injury lawyer is free to set their own fees as long as they stay within the guidelines set by the state. Most personal injury attorneys work on a contingency basis, meaning their fee is contingent upon winning the case.
This payment structure, also known as “no win no fee,” removes risk from the client. Rather than charging an upfront retainer or billing by the hour, the attorney takes a percentage of the plaintiff’s award or settlement, such as one-third.
As an example, an attorney who works for a 33% contingency fee and wins the client a $1 million settlement would deduct from that settlement a fee of $330,000. If, on the other hand, the lawyer fails to win money for the client, the lawyer does not receive payment for the case.