The law often entitles you to seek financial compensation after you suffer an injury due to the actions or inactions of a person or business. An injury lawyer assists you during the claim process to build and present your case.
Every lawyer will follow a unique path based on their training and experience. However, the skills and knowledge to practice personal injury law are fairly standard. Specifically, most successful injury lawyers will have the following abilities:
Overview of Tort Law
Law schools do not teach a course called “injury law.” Instead, law school students study “tort law.” Torts are violations of private rights that always exist. These violations fall outside of criminal law, property law, and contract law.
Thus, torts have the following characteristics:
- They are not based on property rights or contractual agreements
- They do not result from violations of criminal statutes
- They are remedied with financial compensation rather than imprisonment
In short, torts are private wrongs. When someone commits these wrongs, the victim files a lawsuit to recover compensation.
What Are the Categories of Tort Law?
Torts fall into the following three categories:
- Intentional torts for injuries resulting from intentional acts
- Negligence for injuries arising from unintentional acts that violate a legal duty
- Strict liability torts for injuries caused by inherently dangerous activities
Intentional torts cover acts such as assault, battery, and defamation. Negligence arises in cases of car accidents, medical malpractice, and premises liability. Strict liability torts occur in cases involving product liability and dog bites.
Injury lawyers must know tort law so they can analyze a client’s case and determine the compensation they may recover.
Experience Dealing With Insurers
Most personal injury cases involve insurance coverage.
Common examples include:
- Auto insurance for car accident victims. When car accident victims also miss work, they may need to understand how lost wages are reimbursed after a collision
- Homeowners’ or renters’ insurance for dog bite injuries
- Professional liability insurance for medical malpractice cases
A skilled injury attorney must understand insurance law and the claims process, including:
- Preparing and submitting claims with proper documentation of liability and damages
- Anticipating how insurers evaluate claims and identifying reasons they may deny them
- Negotiating with adjusters and persuading them to accept liability
Experience with insurance companies is critical because insurers often focus on minimizing payouts.
Negotiation Skills
The majority of injury cases settle before going to trial.
Settlement benefits both sides:
- Victims receive compensation for medical bills, lost income, pain, and suffering
- Defendants and insurers secure a release from further legal claims
Because settlements depend on agreement, negotiation is key. Effective attorneys:
- Understand the true value of a client’s losses under state law
- Recognize insurer tactics designed to reduce settlements
- Fight for terms that fairly reflect both economic and non-economic damages
Strong negotiation skills often mean the difference between a lowball offer and fair compensation.
Knowledge of Court Rules and Advocacy
When settlement isn’t possible, cases move to litigation. Common disputes include:
- Conflicting accounts of fault in a car accident
- Disagreement about the extent of injuries or damages
Litigation requires:
- Gathering evidence from both parties and third parties like witnesses
- Filing and responding to motions within strict procedural rules
- Presenting evidence, cross-examining witnesses, and persuading a judge or jury
Accident victims need lawyers who understand courtroom procedures and who can clearly, effectively advocate for their rights.
Practicing Injury Law
The best injury lawyers have a solid foundation of skills and knowledge, along with practical experience. This combination gives an injury lawyer the tools to serve their clients’ interests as they pursue compensation for their losses. By mastering tort law, navigating insurance claims, negotiating fair settlements, and advocating in court when necessary, injury lawyers help clients secure justice and financial recovery after an accident.