The field of personal injury law in the United States is booming for attorneys. Personal injury attorneys are in high demand and the number of personal injury lawsuits are growing daily. Attorneys in any field of law have specifications and guidelines that must be followed when representing a client. In personal injury cases, an attorney can only represent the plaintiff or the defendant. The attorney cannot represent both because of a conflict of interest. In some cases, an attorney may represent multiple plaintiffs if their interests don’t intersect. Most personal injury attorneys have experience with either one or the other only, and many attorneys for the defendants are employed by insurance companies since a great deal of plaintiffs can seek legal help when injured on the job. If the defendant had insurance for personal injury claims, they should notify their insurance about the accident. The insurance company will attempt to settle any civil claim against the insured. If the case is not settled and a lawsuit is filed, the insurance company will pay for an attorney to represent the defendant.
Everyday thousands of individuals are injured in either car, motorcycle, or trucking accidents. Add to that the fact that many lawsuits are also initiated because of slip and fall injuries either in residences or on the job. The percentages of trucking accidents and wrongful death suits, and personal injury cases is constantly evolving with self driving vehicles and public transportation changes. The trucking industry employs millions of owners and/or operators and literally millions of trucks are on the road each and every day with a predetermined destination and a timeframe in which to deliver the loads they are carrying. Although there are many physical requirements for truckers and mechanical demands for the vehicles, the high demand for truckers and the lack of personnel can lead to accidents that could have been prevented.
Slip and fall cases and wrongful death cases are also very lucrative but can take a different type of knowledge on the part of personal injury attorneys. The entire scenario of any type of litigation revolves around liability and damages, no matter what type of injury occurs or how it occurs. Medical malpractice, slip, and fall, or motor vehicle damages all fall under the auspices of liability and damages. First liability must be explored and proven and then an assessment of damages must occur including any and all medical expenses and lifetime impairment of the victim or victims. Death of an individual unfortunately will substantially increase the amount of damages sought by an attorney.
However, although many personal injury cases are started in all instances above, car, motorcycle and trucking accidents, as well as slip and fall and wrongful death suits, only about 5 % of the cases filed for personal injury in the USA actually go to trial. Most are actually settled outside of an actual trial with a settlement action that is accepted by both the plaintiff and defendant. Many cases are tried in front of a jury but there are other systems in place that may be used to resolve a case, such as mediation. Some cases are often resolved too quickly before the attorney knows and understands the full extent of the injury. After resolving a case, the attorney cannot ask for more if the injury turns out to be more serious than originally thought. Its important for any good personal injury attorney to look into lifetime impairment closely.
While motorcycle accidents and therefore insurance settlements regarding these have decreased over the years, motorcycle accidents still occur in larger numbers than car crashes as motorcycles are not as roadworthy and also operating one takes a different type of skill. Although helmets are recommended in many states, and required by law in California, to prevent injury not every motorcycle driver or passenger will wear one, and many times other drivers cannot sufficiently see the motorcyclist in enough time to prevent an accident This does lead to many cases of personal injury in the United States regarding motorcycles and accidents. Safety requirements and recommendations are published routinely by the government of the USA but not everyone adheres to these.
Another leading cause of personal injury lawsuits initiated are car accidents, or what some term automobile accidents. The figures on this can also be quite staggering. Most also reach resolution through settlement rather than trial by jury or judge. The statistics and car crash lawsuit laws and insurance laws are also extremely variable depending on the state in which the plaintiff and/or defendant resides. Much research is needed when selecting an attorney who can effectively pursue a car crash lawsuit in the state that has jurisdiction. Some personal injury attorneys limit their practices to wrongful death suits that can occur when combined with medical malpractice, given the fact that death is a real determining factor in both the ease in which the case is won and also the size of the settlement that can be awarded.
It’s not really surprising given all the statistics that personal injury attorneys are very busy and personal injury law is a busy field indeed. Because of the fact that so many different types of personal injury law can exist attorneys that specialize in this field are in high demand. Only certain cases meet all the requirements necessary for successful pursuit of settlements and personal injury attorneys do a lot of research and ferreting out of cases before they will commit to pursuing a case. Winning a case is always the priority and should be. Individuals seeking a personal injury attorney can and should also do careful research when selecting one.