Why not all personal injury attorneys handle the same types of cases
Personal injury attorneys can cover a wide range of cases under personal injury law/or tort law, focusing on an injury resulting from another’s negligence, reckless behavior, or intentional action. If someone has caused mental, physical, or reputational harm to you or a dependent, it may be time to contact a local personal injury law specialist, but understand that not all these attorneys cover the same type of cases.
According to a CasePeer data review, the average settlement for slip-and-falls ranges from $10,000 to $150,000, and fatal falls made up 31.3% of accidental injury-related deaths in women in 2023. However, the attorney who represents these fall cases may or may not specialize in medical malpractice or faulty product lawsuits.
With 62 million people seeking medical attention for an injury in 2023, according to the National Safety Council (NSC), many of them likely required personal injury compensation. With the staggering amount of injuries occurring, it’s essential for people to understand what a personal injury attorney can specialize in, why they have these different specialties, and how you can choose the right professional if you need one.
Why Do Personal Injury Attorneys Have Different Specialties?
Upon analyzing the range of issues personal injury attorneys can cover, you’ll notice how this law can span completely different industries and accident types.
The list of specializations can include one or a combination of the following:
- Medical malpractice
- Dog bites
- Motor Vehicle accidents (car, truck, and motorcycle)
- Pedestrian accidents
- Worker’s Compensation
- Social Security Disability
- Premises liability
- Product liability
- Nursing Home Abuse and Neglect
- Wrongful death
Complexity
Such a range of potential specialties creates more complex legal standards for attorneys to become experts in. For example, the federal regulations related to trucking accidents may be different from those for a civilian slip and fall case.
Those handling medical malpractice lawsuits must understand the specifics of different injuries, such as traumatic brain injuries, to better assess the potential short and long-term care needs for a client. Therefore, the attorney must understand how much compensation the client may be losing out on by no longer working and how much ongoing care may be required for a permanent injury.
An issue such as a wrongful death can also be more complex to prove since it requires more extensive investigation with often higher financial stakes.
Resources
Most attorneys don’t work alone, as they also require a reliable team of other specialists to help them in a case. A large firm with a high amount of capital is in a better position to take on more complex litigation, such as wrongful death or medical malpractice, as it can afford to wait for a verdict for a payout and put the resources into an intense investigation.
Personal injury attorneys may require more immediate access to medical experts, accident reconstruction specialists, and multiple witnesses to help establish liability. Their team may also include other investigators, paralegals, resources for marketing, and other lawyers to handle more than one case at a time.
Increased Positive Outcome
Not all lawyers have the same amount of experience in any field. However, when you have one who specializes instead of practicing general personal injury, you increase your likelihood of a positive outcome, such as a higher payout.
Specialized attorneys are more likely to secure higher compensation because they understand exactly how to prove negligence, they have more local court familiarity, and they have a much greater likelihood of credibility with insurers, which will encourage these companies to offer a higher settlement to avoid going to trial.
How Can I Find the Right Expert for My Case?
Part of finding a lawyer includes consultations where you can ask about fees, past case settlements, and evaluate their communication style. A lawyer may not take your case due to a lack of expertise in that field, resource limitations, etc. However, they may refer you to other personal injury attorneys who are a more appropriate fit.
Some lawyers may have several specialties they can help you with. For example, Paul da Costa covers several personal injury cases, including construction accidents, auto accidents, product liability, medical malpractice, nursing home malpractice, and more.
Frequently Asked Questions
Is It Hard to Win a Personal Injury Case?
Around 95% of these cases end up being settled without having to go to trial; however, half of the cases do result in a plaintiff’s victory when in court. Of course, the type of case also matters, as car accident cases tend to have more positive outcomes for clients and lawyers than medical malpractice suits.
The difference lies in the amount of strong evidence, severe injury, insurance company tactics, and proving clear fault in the case of the defendant. That’s why it’s always worth trying to find a personal injury attorney who is experienced and specialized in the type of case that you are trying to pursue.
Who Gets Paid First in a Personal Injury Settlement?
Let’s say you won a $30,000 settlement. You won’t actually take home that entire $30,000. You can expect to get roughly 40 to 60% of the settlement, as your attorney’s fees will likely be around 33 to 40%.
Part of the settlement may also go to case costs such as deposition and witnesses, filing fees, etc. If you were involved in medical cases where Medicaid or Medicare coverage covered you, you may also need to reimburse them.
What Is the Most Common Personal Injury Claim?
Motor vehicle accidents are the most common personal injury claim. The specialization covers car, motorcycle, truck, and pedestrian collisions. Impaired driving, fatigue, or distractions like mobile phone use are often the root causes.
Find the Right Personal Injury Attorney for You
Being the victim of a preventative injury, medical malpractice incident, or intended harm, such as a punch, can result in intense physical injury, emotional distress, and lost wages from temporarily or permanently no longer being able to work.
Plus, the mounting medical bills one may have to pay, especially without insurance, can increase the stress even further. Luckily, personal injury attorneys can help you, and a specialized one increases your chances of not having to sit through a court trial.
