Why a Personal Injury Lawyer Needs to Be Specialized in Tort Law

Personal injury lawyers are professionals who provide legal services to those who have been injured physically or emotionally as a result of another party’s action or inaction. They practise tort law and there is a need for specialisation in tort law. Read on as we analyse the reasons for this in the subsequent paragraphs.

Who Are Personal Injury Lawyers?

Personal injury lawyers represent plaintiffs who are injured either physically or emotionally due to someone’s negligence or careless actions. They deal in tort law that involves injuries, and monetary and nonmonetary damages. Although personal injury lawyers are licensed to practise all forms of civil law, they usually specialise in tort law. Personal Injury attorneys help victims with personal injury claims to get compensation for the losses incurred. 

What Are the Functions of Personal Injury Lawyers?

Personal injury lawyers have a particular set of functions. They study law like every other lawyer but their domain deals with injuries to clients.

1.   Build a Solid Case for Clients

Personal injury lawyers are given the responsibility of talking to clients as well as evaluating their cases. Furthermore, they review each case based on tort law and advise clients on the best course of action. Most times, the best course of action is to file a personal injury lawsuit to the state civil court. Consequently, they help their clients receive the right compensation for damages incurred.

2.   Follow the Law while Helping Clients

When lawyers are called to the bar, they are required to take an oath to uphold the law. This tradition is also true for personal injury lawyers. While some laws on personal injury vary from state to state, it is the job of the personal injury lawyer to perform due diligence on each legal issue. The lawyer’s job is to protect the interests of their clients while upholding the law.

3.   Represent Clients during the Trial

When a client files a personal injury claim, they are often unable to represent themselves in a court of law. This is where the services of a personal injury lawyer are needed. A seasoned lawyer would be able to prepare the necessary documents to win cases for their clients. A few of the things a lawyer does when representing clients are:

  • Interview witnesses
  • Document injuries and expenses
  • Review medical documents with a personal injury doctor.

Why Personal Injury Lawyers Should Specialise in Tort Law

Now that we have seen the functions of personal injury lawyers, we can now discuss why tort law is important to personal Injury lawyers.  The reasons why personal injury lawyers should specialise in tort law are listed below:

1.   To Represent Clients Effectively

Lawyers who study tort law are generally more prepared to represent their clients than lawyers who don’t. Tort law is an area of civil law that deals with civil wrongdoings and damages. As a result, it makes tort law very wide and complex. Any lawyer who has studied tort law will find it easy to navigate the complexities involved. Some of the complexities involved can include determining liabilities and calculating damages. In order to secure fair compensation for their clients, learning tort law is paramount for personal injury lawyers.

2.   To Strengthen a Client’s Case

By specialising in tort law, personal injury lawyers are able to utilise their knowledge in using legal precedent in personal injury claims to strengthen their case. They can provide essential case knowledge and statutes that can serve as legal grounds for the client’s claim. Proper knowledge of tort law can be used to hold negligent parties accountable for their actions.

3.   To Handle Insurance Issues

Insurance issues in personal injury lawsuits are very hard to deal with. Personal Injury lawyers with a knowledgeable background in tort law know that defendants who have liability insurance are more likely to seek a settlement out of court. Liability insurance also comes with caps on the amount that can be paid in damages. This is a useful thing to note for lawyers when calculating damages for clients.

4.   To Stay Up to Date on Changes in Tort Law

Personal Injury lawyers who specialise in tort law can stay current on changes to the law. They can also apply these changes to their strategies to better protect the interests of their clients. This enables them to represent their clients better in court as well as secure better compensation. For example, one of the recent changes in tort law is the pre-suit litigation in medical malpractice law. This means that before filing a proper lawsuit, there is a certain procedure that must be met. A lawyer who is not well versed in these updates cannot represent his/her clients properly.

5.   To Negotiate Settlements and Protect Client Rights

Personal Injury lawyers who are well versed in tort law are able to possess the right negotiation skills to uphold clients’ interests. With the knowledge of insurance in tort law as well as damages, lawyers are able to ensure that their client’s rights are protected and they are able to negotiate fair compensation for damages incurred. 

Conclusion

Tort Law is the law that deals with the act or omission that leads to harm or injury to an individual or an individual’s property. Personal Injury Lawyers understand what is necessary to get the right compensation for their clients. Personal Injury Lawyers who specialise in tort law are able to use that law to maximise their chances of securing fair compensation for their clients. They are also better prepared to defend the rights of their clients due to their expertise in tort law.

Frequently Asked Questions

1.   What is a Personal Injury Claim?

These are legal cases that are opened when an individual is a victim of an accident that is the fault of someone else. It is the process by which the victim secures adequate compensation from the party responsible for the accident.

2.   How long do I have to file a Personal Injury Case?

It usually depends on the state where you would be filing the claim. It can range from 1 – 4 years.

3.   How do I hire a Lawyer?

You can check your state bar association for competent lawyers. You can also take a  look at how much they charge as well as their code of ethics. You can then interview them and pay a retainer to the one who you feel is most qualified.

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