A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Thus, personal injury lawyers tend to be especially knowledgeable and have more experience with regard to the area of law known as tort law, which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights.
Even though personal injury lawyers are trained and licensed to practice virtually any field of law, they generally only handle cases that fall under tort law including, but not limited to: work injuries, automobile and other accidents, defective products, medical mistakes, slip and fall accidents, and more.
The expression "trial lawyers" can refer to personal injury lawyers, even though most cases handled by personal injury lawyers settle rather than going to trial and other types of lawyers, such as defendants' lawyers and criminal prosecutors, also appear in trials.
A personal injury lawyer has numerous responsibilities in serving his or her clients. These responsibilities encompass both professional and ethical rules and codes of conduct set forth by state bar associations where the lawyers are licensed. Once licensed to practice law by their
state bar association, lawyers are legally permitted to file legal complaints, argue cases in state court, draft legal documents, and offer legal advice to victims of
personal injury.
Also referred to as a plaintiff lawyer, a personal injury lawyer is responsible for interviewing prospective clients and evaluating their cases to determine the legal matter, identify the distinct issues rooted within the plaintiff’s larger problem, and extensively research every issue to build a strong case. The ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain the justice and compensation they deserve for their losses and suffering through advocacy, oral arguments, client counseling, and legal advice.
Personal injury lawyers must also adhere to strict standards of legal ethics when dealing with clients. While the guidelines vary according to state, the basic codes of conduct state that a lawyer must knowledgeably evaluate legal matters and exercise competence in any legal matter undertaken. Moreover, personal injury lawyers owe their clients a duty of loyalty and confidentiality and must work to protect their clients’ best interests.
In order to practice law in the United States, a personal injury lawyer must pass a written bar examination and, in some cases, a written ethics examination. Bar examinations vary on a state-to-state basis. However, most states require applicants to have completed a four-year college degree and a law degree from an accredited law school (California is one notable exception, but the non-accredited law school must meet certain requirements.)
In all states, a personal injury lawyer is required to take the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE) and a state bar exam. Some states require another exam, the Multistate Performance Test (MPT), as well.
Once admitted to the state bar, personal injury lawyers must remain up-to-date on the latest legal and non-legal developments in their field of practice, by completing a required number of continuing legal education (CLE) courses to help personal injury lawyers stay abreast of developments in their field.
Lawyers can concentrate their practices to certain areas of law, which is typically true of personal injury lawyers. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience. However, to be certified as a specialist in personal injury, a lawyer must complete a specialty certification program accredited by the American Bar Association (ABA).
Certification programs have set standards of competence, knowledge and experience that lawyers must meet in order to be recognized in their area of practice as a specialist. Lawyers who have completed a specialty certification program in personal injury law at an accredited certifying organization are recognized as personal injury specialists. Some states, such as New Jersey, offer a certification as a "Certified Trial Attorney", which can be for both plaintiff and defense attorneys.
Personal injury lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations. The American Bar Association (ABA) Joint Committee on Lawyer Regulation offers assistance to state bars, helping them to draft, implement, and/or promote regulatory policies regarding personal injury lawyers.
Personal injury lawyers may belong to any number of professional associations, some of which are mandatory and others voluntary. For instance, personal injury lawyers are licensed by their state bar associations, of which they must be members. Among the more common professional associations that personal injury lawyers may voluntarily join are the following:
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American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs (
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Association of Personal Injury Lawyers – an association founded in 1990 by personal injury lawyers on behalf of accident victims
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Association of Trial Lawyers of America – also known as ATLA, an association of trial lawyers that was founded in 1946 by a group of plaintiff’s attorneys committed to safeguarding victims’ rights. In 2007, ATLA changed its name to the American Association for Justice, also known as the AAJ, however the internet web site may still be located at http://www.atla.org/
