TL;DR
Personal injury lawyers help clients secure compensation after harm caused by others’ negligence. They handle cases like car accidents, malpractice, and workplace injuries. Lawyers build evidence, negotiate settlements, or go to trial if necessary. Most cases settle before court. Fees are usually contingency-based, with 30–40% of settlement awarded to attorneys.
- Case types: motor vehicle accidents, malpractice, workplace injuries, dog bites, premises liability, abuse.
- Case exclusions: expired statute of limitations, insufficient evidence, conflicts of interest.
- Process: investigation, demand letter, negotiation, possible trial.
- Fees: typically 30–40% of settlements in California.
- Outcomes: 95–97% settle out of court.
- Representation: The May Firm offers experienced legal counsel for personal injury cases.
When you are injured, obtaining the right partners to assist you get back on your feet is key. Your medical team is there to help you recover. And your friends and family are there to support your emotional wellbeing. But there’s a third layer of assistance you may be overlooking: your legal team.
An experienced personal injury attorney is there to support you, when injured. They help to provide support to win your case and get you the compensation for your injuries you may be due.
If you have been injured through no fault of your own, the next steps are critical. It helps to layer in trusted legal support from an attorney who has your best interests at heart. Here are the need-to-know details about what personal injury lawyers do for their clients.
What kind of cases do personal injury lawyers handle?
It’s important to note personal injury lawyers are not criminal attorneys. The cases they take on must meet a strict set of criteria. Let’s, then, first discuss the kinds of cases personal injury lawyers handle and the kinds of clients they serve.
Personal injury lawyers take cases involving a plaintiff’s claim of personal, emotional, or psychological injury by another party. In layman’s terms, this means an injury that results from intentional or unintentional failure to act safely.
Your personal injury case will be built by your personal injury attorney and can suea variety of defendants, including:
- A person,
- A workplace or business,
- Or both.
So, what do personal injury lawyers cover, then? Personal injury lawyers look for sufficient evidence of the negligence and the injury itself. Appropriate case types span a multitude of injuries, and could include:
- Motor vehicle accidents,
- Medical malpractice instances,
- Dog bites,
- Workplace accidents,
- Premises liability (such as slips and falls, security lapses, and more),
- Sexual abuse,
- And much more.
You may be wondering if personal injury lawyers cover cases involving self harm, and the answer is yes. However, with a caveat. There generally must be sufficient evidence of negligence on a third-party’s part that led to the harm.
It’s important to note that personal injury lawyers do not take on cases that meet a few criteria. Namely:
- Cases that fall outside the statute of limitations (which is two years, per California law),
- Cases with insufficient evidence,
- Cases that fall outside their specified legal area of expertise and practice,
- Cases that may be classified as a conflict of interest,
- And more.
However, if your case is sufficiently appropriate, an injury attorney may be likely to take it on.
What to expect in a personal injury case?
Personal injury cases are, admittedly, a lengthy process. But that length is there to ensure that the claims made are valid and that the compensation potentially awarded is given its due.
Once your case building has begun, expect your personal injury attorney to begin their fact finding. They will likely start by reaching out to every relevant party. This could include witnesses, friends and family, and others who will help with gathering evidence and build a strong case.
Your attorney will also work with your insurance company at this time. Serving as your representative, they will initiate contact with the other party’s provider as well.
Next, your lawyer will use the details collected during investigation to formulate and send a demand letter. This outlines the details of the case to the at-fault party (or their legal representation). This demand letter will be something both you and your lawyer agree to. It notes the requested settlement amount and will serve as a kick-off for negotiations.
If negotiations for your personal injury lawsuit are successful, the next steps are clear. The at-fault party will agree to pay the demanded settlement amount. Your lawyer will, thusly, facilitate the proper paperwork to close your case and get you paid. If they reject the settlement terms, however, the case goes to trial for consideration by a judge.
It’s important to note, though, that if a case goes to trial, a detailed discovery and pre-trial phase is to be expected. This lengthy legal process is so that all parties have sufficient time for evidence-gathering, paperwork processing, etc.
If you’d like to learn more about settlements vs. trials for personal injury cases, we can help. Let us recommend our recent post on the topic for more detailed information.
What do personal injury lawyers charge?
When considering your case, your personal injury lawyer in California will outline for you the terms of their contract. Some personal injury lawyers charge on up-front fee structures. Meanwhile, others may only collect earnings based on a percentage of the final settlement.
What percentage lawyers take for a personal injury is entirely to their discretion. However, in California personal injury lawyers generally take between 30% and 40% of settlements paid by the defendant. Of course, the percentage lawyers take for personal injury may be negotiable between you and your lawyer.
Do most personal injury cases win?
We know as an injured plaintiff, you want to get what is due to you and get your life back on track. And we also know our clients don’t file claims without an expectation to win. However, the outcome of the filing may not be what you expect.
Only about 3–5% of personal injury cases ever go to trial. The vast majority are settled out of court before a trial begins. So, if you are looking for a flashy trial, filing a personal injury case may not be for you. However, if you simply want what’s due after an injury, compensation through settlement is overwhelmingly likely!
The May Firm is Here to Represent Your Case
If you have suffered a personal injury by a negligent third party, knowing what to do can be challenging. Hiring personal injury representation is a smart next step. And you can trust the May Firm with that representation. We are equipped to offer the sound legal counsel and representation you deserve following a life-changing injury.
Our winning legal team has represented countless personal injury cases in the state of California. And we are equipped to get you the settlement or trial decision you need to get what is owed to you.
