Personal injuries include every kind of injury sustained by a person’s mental, emotional and physical health in addition to any damage to their reputation they might have suffered without being at fault. The role of a personal injury lawyer is to act as a civil litigator, providing the plaintiff(s) with legal representation in cases of alleged physical, psychological or other injury. If you are based in Pittsburgh, your local injury law firm may be able to assist you.
Grounds
A personal injury claim can be brought on three grounds:
- Intentional wrongs resulting from an intentional act from the defendant, known as “intentional torts”. These might include battery imprisonment or intentional infliction of emotional distress.
- Negligence is the most common basis for personal injury claims and stems from an individual's failure to behave with the same level of care that somebody of ordinary prudence would have otherwise exercised under the same circumstances.
- Strict liability holds the defendant liable for committing an action, regardless of what their mental capacity or intent was when committing the action. For instance, if an injury takes place as the result of a defective product, the manufacturer will still be responsible for the injury even without negligence or intent to cause harm.
Tort Law
Personal injury attorneys specialise in tort law, an area covering civil or private injuries or wrongs, including defamation and action for bad faith breach of contract. The central goal of tort law is to make the injured party “whole” again through compensation and to discourage others from repeating the offence.
Some of the most common types of personal law injury cases might include auto accidents, defective products, insurance/bad faith claims, medical malpractice or nursing home abuse.
Compensation
Through injury, plaintiffs might suffer loss of income due to reduced earning capacity, medical expenses and legal fees. Additionally, the emotional, mental and physical cost to health can be a matter for consideration. Hiring a personal injury attorney is one way to add a layer of protection against victimisation by the legal system and insurance companies.
How Personal Injury Attorneys Handle Cases
Attorneys specialising in personal injury do so by handling cases from their inception through to appeal by performing tasks not dissimilar to most litigators. This involves a broad range of tasks including:
- Screening potential clients to evaluate the merits of their cases
- Investigating claims
- Gathering evidence, formulating legal theories
- Researching case law
- Drafting pleadings, motions and discovery requests
- Interviewing and deposing witnesses
- Counselling and advocating for clients prior to and during the trial
Qualifications
All attorneys must first earn an undergraduate degree and pass the Law School Admission Test (LSAT) with a reasonably high score before progressing onto further law degrees and written bar examinations.
Additionally, they may become certified as specialists in civil trial advocacy through completing speciality certification programs accredited by the National Board of Legal Specialty Certification (NBLSC). This non-profit organisation is accredited by the American Bar Association to provide board certification for attorneys.
Many state bar associations also require personal injury lawyers to pass the Multistate Professional Responsibility Examination (MPRE), which focuses on professional behaviour, in addition to any supplementary courses taken as part of their continuing professional development.
