Personal injury lawyer

A personal injury lawyer is a legal professional who offers their expertise to individuals asserting that they have suffered physical or psychological harm due to the negligence of another individual, company, government agency, or any entity. Specializing in the field of tort law, personal injury lawyers primarily operate within this domain.

Common instances of personal injury claims encompass injuries stemming from slip and fall accidents, traffic collisions, defective products, workplace incidents, and cases of professional malpractice.

While the term “trial lawyers” is often associated with personal injury lawyers, it’s important to note that trials feature a variety of legal practitioners, including defense lawyers and criminal prosecutors. Despite this, a considerable number of personal injury claims are resolved through settlements, sidestepping the need for a trial.

Qualification

A personal injury lawyer must meet specific qualifications to practice law within their jurisdiction. In many states, they are also required to pass a written ethics examination[^1^]. These legal professionals may engage in continuing legal education (CLE) courses to stay updated on legal developments and new practice areas. Although CLE participation is not mandatory for personal injury lawyers in all states[^2^], they may choose to pursue courses relevant to personal injury law to enhance their expertise.

United States

Certain bar associations and attorney organizations offer certifications, including certification for lawyers specializing in personal injury[^3^]. While certification is not obligatory for practicing personal injury law, it can serve as a means for lawyers to demonstrate their proficiency in the field to potential clients. While not all state bars provide certification for personal injury law, some states, such as New Jersey[^4^], enable lawyers to attain the designation of Certified Trial Attorneys. This credential is available to both plaintiff and defense attorneys. Other states, like Arizona[^5^], restrict the use of terms like “specialist” or “specialize” to lawyers who have received certification from the State Bar Board of Legal Specialization in a specific legal domain, including personal injury law.

Practice

Personal injury lawyers may choose to concentrate their practice within specific areas of law, such as personal injury[^6^]. Some professionals may further specialize within particular realms of personal injury law, like medical malpractice law. By narrowing their scope of cases, personal injury lawyers can acquire focused knowledge and expertise.

Client Relations

Before taking on a new case, a personal injury lawyer typically conducts an interview with a potential client to assess the case’s fundamental facts and potential legal claims. This process involves identifying possible defendants and evaluating the case’s strength[^7^]. If a lawyer believes that the legal claims are unlikely to succeed in court or if the litigation costs exceed the potential compensation for the client’s injury, they may opt not to take on the case[^8^].

Compensation

Personal injury lawyer fees can be structured in various ways, including contingency fees, hourly rates, and flat fees. In numerous countries, personal injury lawyers often work on a contingency fee basis, wherein the lawyer receives a percentage of the client’s recovery as a fee. If the claim isn’t successful, no fee is collected[^7^]. In some jurisdictions, the legal fee’s amount may vary depending on whether a case settles before filing a lawsuit, after filing but before trial, or if the case proceeds to trial[^9^]. For example, a retainer agreement might stipulate a 33 and 1/3% contingency fee if the case settles before a lawsuit is filed, a 40% fee if it settles after filing, or up to 45% if the lawsuit reaches trial.

Ethics

Personal injury lawyers, like all legal practitioners, have an ethical responsibility to provide diligent representation to their clients. Their paramount professional duty is to help plaintiffs secure just compensation for their losses. The attorney-client relationship is governed by ethical rules[^11^]. In the United States, state bar associations establish codes of conduct to regulate lawyers’ behavior. These associations possess the authority to take disciplinary action against lawyers who breach professional or ethical standards[^12^]. States often mandate that all contingency agreements between lawyers and clients be documented in writing, and they may cap the contingency fee as a specific percentage of the recovery.

Organizations

While membership in professional associations isn’t mandatory for personal injury lawyers, many choose to join such organizations. Examples include:

American Bar Association: A professional association dedicated to legal system improvement, law school accreditation, and continuing legal education programs.

Association of Personal Injury Lawyers: Founded by personal injury lawyers in 1990 to advocate for accident victims.

Consumer Attorneys Association of Los Angeles (CAALA): One of the largest plaintiffs’ lawyers associations in the U.S., hosting significant annual attorneys’ conventions.

American Association for Justice: Committed to safeguarding victims’ rights, this association of trial lawyers was formerly known as the Association of Trial Lawyers of America (ATLA)[^13^].

The National Trial Lawyers: A national organization offering networking, advocacy training, and educational programs for trial lawyers[^14^].

Personal Injuries Bar Association (PIBA): A specialized bar association for UK barristers practicing in the personal injuries field[^15^].

Criticism

Critics of personal injury lawyers contend that litigation raises product and service costs, as well as business operation expenses[^16^]. For instance, opponents of medical malpractice lawyers argue that lawsuits increase healthcare costs and may prompt doctors to exit the medical field or lead to doctor shortages. These concerns, often raised in response to healthcare reform efforts, lack substantial support. A publication by the Robert Wood Johnson Foundation found limited evidence that traditional tort reforms impact medical liability costs or defensive medical practices[^17^]. A bipartisan study conducted in Texas suggested that enacted tort reform did not reduce medical care costs, casting doubt on claims made by tort reform advocates.