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Originally Posted On: https://thevalleylawgroup.com/blog/personal-injury-attorney-roles/
What Is a Personal Injury Attorney?
There are many different kinds of attorneys in the legal world, each with their own unique niches of experience, known as practice areas. Personal injury attorneys focus on cases involving individuals who have experienced injuries or other damages due to another person or entity’s actions or lack of action; these cases arise when the injured parties seek compensation for their damages. In some cases, personal injury attorneys may also help family members who have lost their loved ones due to personal injury seek compensation for their losses.
There are many ways a personal injury attorney works to help an individual or family navigate the legal process of seeking compensation. Some of the most important include gathering evidence, explaining legal procedures, drafting documents, filing claims, and even providing personal support. Learn more about what a personal injury attorney does and how they can help you as you face a personal injury claim.
What Is the Legal Definition of Personal Injury?
Personal injury is a legal term used to describe civil cases involving damages that have occurred due to another individual’s actions or negligence. This is a broad legal term and is meant to be broad for a reason. A personal injury claim can cover a variety of types of damages that a person may face from an almost endless array of incidents.
For example, personal injury claims may refer to physical damage done to an individual’s body, such as injuries that can happen in car accidents, workplace accidents, or medical malpractice cases. However, personal injury cases can also describe injuries that are not physical, such as emotional distress, invasion of privacy, defamation, and more. Damages can even include damage to property inflicted by an accident, the loss of wages if the client misses work due to their injuries, and more.
What Does a Personal Injury Lawyer Do?
Personal injury lawyers may oversee a wide range of cases as a part of a legal practice, but they will have a specific focus on personal injury cases. Personal injury lawyers have past experience dealing with many prior personal injury cases, so they are familiar with the ins and outs of civil court as well as all the relevant legal processes and procedures.
Personal injury lawyers have many responsibilities to take on in any given case because the practice area is so broad. Primarily, they are responsible for understanding the legal framework common to all personal injury cases, such as how an individual or family would file a claim, what the process looks like in court, and potential outcomes to work towards with their client.
In addition to this responsibility, other pertinent roles include:
Gathering Evidence
A personal injury lawyer must assess and become intimately familiar with all the details surrounding the client’s damages. It is the lawyer’s role to not only demonstrate that an incident occurred that directly caused their client damages but that the incident was someone else’s fault and that the client should thus receive compensation. As a result, it is imperative that they know more about their client’s injury than anyone else. No details must be left unknown.
Representing Their Client in Court
One of the best-known roles of a lawyer is representing their client in court. A personal injury attorney stands by their client during all legal proceedings and meetings. These can include meetings with opposing attorneys, representing them in a court hearing, filing claims on their behalf, and more.
Acting as a Liaison With Insurance Companies
Dealing with the insurance company can be one of the more difficult parts of the personal injury case process. A personal injury attorney can coach their client through how to respond to questions that the insurance company may ask or speak to the insurance company on their behalf. This can help ensure that the client receives the compensation they deserve.
Grounds for Personal Injury
The reason you experienced damages due to another individual or organization is crucial to your case. It can also affect the court’s decision on what type and amount of compensation you may be entitled to receive.
You may be eligible to file a personal injury claim on four major grounds:
- Negligence – Negligence is a term used for those who owed a duty of care to avoid injuring others and, while they may not necessarily have intentionally inflicted harm, they neglected to uphold some duty or responsibility that resulted in the injury.
- Recklessness – When an individual knows or should have reasonably known that their actions will cause harm, their actions are considered reckless. If the individual chooses to commit the action anyway, they should be held responsible for any resulting damages.
- Intent/Willfulness – Intent means that the person at fault fully intended to cause damages or injury through their actions.
- Strict Liability – Strict liability refers to an individual being held responsible for damages regardless of their mental state or intent at the time. This means they can still be held accountable whether they intend to cause harm. In some states, this can be used in cases of dog bites or product malfunction.
Knowing which grounds to use to establish your personal injury case can be difficult. This detail can matter a great deal to the successful resolution of your case. This is one reason it can be helpful to consult an experienced lawyer who can help you determine the best avenue of filing.
Types of Cases a Personal Injury Lawyer May Handle
Just as there are many different grounds for personal injury cases, there are many different incidents that may fall under the umbrella of personal injury law.
Some of these may include:
- Airplane accidents
- Bicycle accidents
- Boating accidents
- Car accidents
- Construction accidents
- Motorcycle accidents
- Neglect and abuse in nursing homes
- Pedestrian accidents
- Injuries occurring on someone’s property (premises liability)
- Injuries occurring because of a faulty product
- Slip and fall accidents
- Workplace accidents
- Wrongful death
While this is not an exhaustive list of all of the possible cases a personal injury lawyer may handle, these are some of the most common examples. The important thing to know is that if you think you may be the victim of a personal injury case, it is vital that you seek counsel from an experienced lawyer as soon as you can. Some of these cases have a statute of limitations, meaning that you must act within a certain time frame in order to receive compensation.
Learn more about some of the most common personal injury case types:
Catastrophic Injuries
Catastrophic injury cases are typically handled by personal injury attorneys. Catastrophic injury refers to an extremely severe injury that is caused by a wrongful act or the negligence of another person. There are many circumstances under which these injuries may occur, including workplace accidents, premises liability cases, reckless driving, and more. If you have experienced severe and life-altering injuries due to the negligent actions, inactions, or reckless behavior of someone else, a personal injury attorney specializing in catastrophic injuries can help you pursue resources to ensure your long-term care or recovery.
Motor Vehicle Accidents
Car accidents are some of the most common personal injury claims across the country. Car crashes can be serious and debilitating in many ways. Injuries can result in serious medical bills, missed work, and even the loss of enjoyment or companionship in your life. It is crucial that the innocent party receives compensation for the harm that they have endured.
In the case of a car accident, both sides frequently claim that the other was responsible, and it can be extremely difficult to prove who was responsible for an accident. An experienced lawyer knows what evidence to look for in order to help prove your innocence and the other person’s fault. This will be necessary to demonstrate your need for compensation.
Products Liability
Some personal injury cases involve products that were defective and harmed an individual. A product may be defective for a number of reasons, such as an error occurring during the assembly process, a part of the product being outdated or incorrectly assembled, or a lack of safety testing after the creation of the product. The victim is not always responsible for injuries sustained from using a product, especially if it is defective.
In some cases, ineffective warnings on products can also be considered grounds for a products liability case. For example, this type of case may involve toys with small parts that a child could choke on. The attorney must demonstrate negligence on the manufacturer’s part, as they did not outline the danger of such objects to the extent that they can be found at fault for you or your child’s injury.
Other examples of defective products can include medical devices, medications, car parts and tires, home installation parts such as windows and doors, chemical products, and even electronics. Defective parts in each of these types of products can cause damages like medical bills, lost wages, pain and suffering, and even wrongful death.
Abuse Injuries/Sexual Assault Injuries
Unfortunately, instances of physical and/or sexual abuse often result in damages, including medical expenses, lost wages, and emotional impacts like pain and suffering or emotional trauma. If you have experienced any type of abuse, a personal injury attorney can help you pursue compensation for your damages so you can begin to rebuild your life. A skilled abuse injury attorney can build your case with the care and discretion you need to move on while helping you hold your abuser accountable for the damages they have caused you. A dedicated sexual assault/abuse injury attorney can help survivors of sexual assault pursue compensation and other types of recourse via civil litigation.
Perhaps most importantly, the right personal injury attorney will answer your questions and help you navigate this extremely sensitive time with the care and compassion necessary to put you at ease and help you move forward.
Premises Liability Injuries
If you were injured on another party’s property due to their lack of maintenance or other negligence and that injury caused you to experience damages like medical bills or lost wages, a personal injury attorney can help you file a premises liability claim. Premises liability attorneys can establish the inaction or reckless actions that led to the injury and demonstrate that your damages were a direct result of that incident. Common types of premises liability claims include slip and fall injuries, swimming pool accidents, elevator or escalator injuries, and even amusement park injuries.
Dog Bite Injuries
Dog bites are a common type of injury in the US and can frequently cause catastrophic injuries leading to medical bills, lost wages, and other types of damages. A skilled personal injury attorney is well-attuned with local dog bite laws and can help you ensure you pursue compensation for your physical and emotional injuries after this frightening encounter. The right dog bite attorney can evaluate your incident, assess damages and fault, and build your case for compensation while you recover from your injuries.
Damages In Your Personal Injury Case
Personal injury claims can be quite broad, as there are numerous types of damages that may occur due to an injury caused by another party. The most obvious are medical expenses stemming from the treatment of physical injuries as well as the lost wages caused by time missed at work. However, personal injury claims can include emotional and mental damages as well as physical injuries. In fact, if physical damage occurs, emotional damages may follow.
Common types of damages include:
- Medical Bills
- Lost Wages
- Loss of Earning Capacity
- Ongoing Personal Care Costs
- Medical Equipment Costs
- Other Economic Damages (sometimes including property damaged during the personal injury incident)
- Physical Disfigurement
- Diminished Quality of Life
- Mental Anguish/Pain and Suffering
- Loss of Consortium
- Loss of Enjoyment of Life
- Punitive Damages (in the case of especially egregious recklessness or negligence)
It can be a challenge to prove special damages like emotional damages in a personal injury case. However, personal injury attorneys are practiced and equipped to handle such challenges. They can help you determine which steps to take to prove that emotional damage stems from the personal injury incident. Often, this occurs through psychological testing with therapists, counselors, and other medical professionals. Then, they can help you establish that these emotional damages caused some quantifiable harm for compensation.
FAQs Concerning Personal Injury Attorneys
Personal injury attorneys handle a wide range of cases with a variety of unique details. Below are some frequently asked questions about personal injury attorneys and their work.
How Long Should I Wait Before Filing a Claim?
If you can help it, you should not wait any longer than is necessary to file a personal injury claim. Arizona has a two-year statute of limitations for most personal injury cases. This means that once two years have passed after the date that the injury occurred, you will not be able to seek compensation. File a claim as soon as possible to give yourself the best chance at compensation.
What if the Accident was Partially My Fault?
If you are partially at fault for the damages you have sustained, such as in a car accident, you may still be able to receive some compensation. Arizona is a comparative negligence state, meaning that you may still be able to recover some damages if you were partially at fault. In most cases, the court will calculate your percentage of fault and award compensation as that percentage of your total damages.
Are Dog Bites Considered Personal Injury in Arizona?
Dog bites are considered personal injury in Arizona. This means that if you are the victim of a dog bite, you may be able to claim damages and pursue compensation to ensure you recover them. The owner of the dog will be held accountable if you file a claim, even if it is the dog’s first bite.
What Kind of Compensation Can I Get?
The type of compensation that you may be eligible for in a personal injury case will depend on the type of damages that you have sustained. Some forms of compensation can include the costs of medical bills, emergency transportation fees, restoration of salary lost due to injury, ongoing therapy costs, remittance for property damage, and more.
What Compensation Can I Get for Emotional Damages?
The amount and type of compensation you can get for emotional damages in Arizona depends upon the circumstances surrounding your particular case. Unlike physical damage, there is no set way to calculate the cost of emotional distress. In some cases, the court may decide on a compensation amount based on a per diem method, which calculates the pain and suffering damages by day. An experienced lawyer can help you estimate the emotional damages you may recover with a personal injury claim.
Schedule a Personal Injury Consultation Today
If you believe you or a loved one deserves compensation for damages you have sustained due to someone else’s negligence or wrongdoing, it is important to take action as soon as possible. Some personal injury cases have a statute of limitations, meaning that you have a limited window of time to take action if you want to receive compensation. Reach out to The Valley Law Group today to learn more about how our personal injury attorneys can help you secure your best chance at fair compensation.
Sources
- P.C, F. & F. (2022, November 8). What Is a Personal Injury Attorney? Finz & Finz, P.C. https://finzfirm.com/blog/what-is-a-personal-injury-attorney/
- personal injury. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/personal_injury
- 12-542 – Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation. (n.d.). Www.azleg.gov. https://www.azleg.gov/ars/12/00542.htm
- Nolo. (2011, October 10). Settling Your Personal Injury Claim FAQ. Www.nolo.com; Nolo. https://www.nolo.com/legal-encyclopedia/settling-your-personal-injury-claim-faq.html
- Medical Malpractice. (2019). Www.nolo.com. https://www.nolo.com/legal-encyclopedia/medical-malpractice
