What does a personal injury lawyer do?

WHAT DOES A PERSONAL INJURY LAWYER DO?

When you’ve been injured due to someone else’s negligence, a personal injury lawyer can be an invaluable advocate. From helping you understand your legal rights to negotiating settlements with insurance companies, a personal injury lawyer’s primary goal is to ensure that victims receive compensation for their injuries, financial losses, and pain and suffering. While the general duties of a personal injury lawyer are consistent across the United States, there are unique legal elements and processes in states like New Jersey (NJ) and Pennsylvania (PA) that are important to understand.

In this article, we’ll break down the role of a personal injury lawyer, the specific actions they take to help their clients, and the particularities of personal injury law in NJ and PA.

A personal injury lawyer provides legal representation to individuals who have been physically or emotionally injured due to someone else’s negligence or wrongful actions. They work to secure financial compensation for the damages their clients have suffered. This may include medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering or emotional distress. The lawyer’s primary goal is to ensure that their clients are made whole, or as close to whole as possible, after an injury.

1. Evaluating the Validity of the Case

The first step in a personal injury case is evaluating whether a valid claim exists. A personal injury lawyer will typically offer a free initial consultation, during which they will review the facts of the case and advise the injured party about whether they have a valid claim. The lawyer will assess whether there is evidence of negligence, whether the injury resulted in damages (such as medical costs or lost wages), and if the statute of limitations has passed.

2. Gathering Evidence

Once a lawyer takes on a case, they will conduct a thorough investigation to gather evidence. This can include obtaining police or accident reports, gathering medical records, interviewing witnesses, and consulting with experts such as accident reconstruction specialists or medical professionals. The evidence collected is critical for building a strong case, as it must demonstrate that the defendant was at fault and that the plaintiff suffered real harm as a result of the incident.

3. Negotiating with Insurance Companies

A major part of a personal injury lawyer’s job is negotiating with insurance companies. Insurance companies are often involved in personal injury cases, and they typically try to minimize the amount they have to pay out. The lawyer acts as an advocate for their client, pushing for a fair settlement that covers the full extent of the damages. This is particularly important, as insurance companies often make lowball offers in hopes that the injured party will accept less than they are owed.

4. Filing Legal Documents and Representing Clients in Court

If a settlement cannot be reached through negotiation, a personal injury lawyer will file a lawsuit and take the case to court. This involves preparing and filing legal documents, attending pre-trial hearings, and presenting evidence before a judge or jury. While most personal injury cases are settled out of court, a lawyer’s ability to litigate ensures that their client’s rights are fully protected if a trial becomes necessary.

5. Calculating Damages

One of the most critical tasks for a personal injury lawyer is accurately calculating the damages their client is owed. This includes both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering or loss of enjoyment of life. In more severe cases, such as those involving permanent disability or wrongful death, the lawyer will work to secure compensation for future medical expenses, loss of future earning capacity, and other long-term effects.

6. Providing Legal Guidance Throughout the Process

Throughout the legal process, a personal injury lawyer will provide ongoing advice and support to their client. They will explain the steps involved in the claim, offer updates on progress, and answer any questions the client has. This ensures that the injured party can focus on their recovery, while the lawyer handles the complexities of the legal system.

Special Considerations in New Jersey and Pennsylvania

While the general role of a personal injury lawyer is the same across states, NJ and PA have specific laws and regulations that can affect personal injury cases. It’s important to work with a lawyer who is familiar with these regional nuances.

New Jersey

1. Comparative Negligence Law: New Jersey follows a modified comparative negligence rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any compensation. This makes it essential for a lawyer to carefully gather and present evidence to minimize any assigned fault to their client.
2. Statute of Limitations: In New Jersey, you typically have two years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, you may lose your right to seek compensation. Certain exceptions exist, such as cases involving government entities, but these also have strict filing deadlines.
3. PIP Insurance: New Jersey has a no-fault auto insurance system, meaning that drivers are required to carry Personal Injury Protection (PIP) insurance. PIP covers medical expenses regardless of who was at fault in the accident. A personal injury lawyer in NJ will navigate these insurance complexities to ensure their client receives adequate compensation.

Pennsylvania

1. Comparative Fault System: Like New Jersey, Pennsylvania also follows a modified comparative fault system, but with slight differences. In PA, as long as you are 50% or less at fault for an accident, you can still recover damages, but your compensation will be reduced based on your percentage of fault.
2. Limited Tort vs. Full Tort: Pennsylvania drivers can choose between limited tort and full tort auto insurance options. With limited tort, you can only recover damages for economic losses (like medical bills and lost wages), unless your injuries are severe. Full tort coverage allows you to sue for both economic and non-economic damages, like pain and suffering. Understanding these differences is essential in personal injury cases, especially in car accidents.
3. Statute of Limitations: Like New Jersey, Pennsylvania also has a two-year statute of limitations for personal injury cases. If you fail to file within this time frame, you may forfeit your right to compensation.

Conclusion

A personal injury lawyer is a critical ally in the aftermath of an accident or injury, ensuring that victims receive fair compensation for their losses. From investigating claims and negotiating settlements to representing clients in court, their role is multifaceted and essential to the success of a personal injury case. In states like New Jersey and Pennsylvania, specific laws, such as comparative negligence rules and insurance requirements, make it all the more important to work with an attorney familiar with local regulations. By hiring an experienced personal injury lawyer, you protect your rights and maximize your chances of receiving the compensation you deserve.