Association of Personal Injury Lawyers here to help

When you are injured by someone else, it is difficult to know where to turn, who to trust and whether you are entitled to compensation. The Association of Personal Injury Lawyers has around 4,500 specialist injury lawyers, many of whom are members of a quality mark scheme. Our members attend training to keep their specialist personal injury skills up-to-date. For over 20 years we have campaigned to improve the law for victims of injury.

Criticism

The aggressive representation of injured parties by personal injury lawyers has spawned movements to establish tort reform in the United States in recent years. Tort reform proponents argue that such reforms are necessary because personal injury litigation has led to a substantial increase in health care costs; they further claim that many doctors have had to leave practice or relocate because of cost-prohibitive medical malpractice insurance rates. A recent publication by the Harvard School of Public Health found that in 60% of medical malpractice litigation cases was there evidence of medical error.

Professional regulations and associations

Personal injury lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations. The American Bar Association (ABA) Joint Committee on Lawyer Regulation offers assistance to state bars, helping them to draft, implement, and/or promote regulatory policies regarding personal injury lawyers.

Personal injury lawyers may belong to any number of professional associations, some of which are mandatory and others voluntary. For instance, personal injury lawyers are licensed by their state bar associations, of which they must be members. Among the more common professional associations that personal injury lawyers may voluntarily join are the following:
American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs (
Association of Personal Injury Lawyers – an association based in Nottingham, England; founded in 1990 by personal injury lawyers on behalf of accident victims
Association of Trial Lawyers of America – also known as ATLA, an association of trial lawyers that was founded in 1946 by a group of plaintiff’s attorneys committed to safeguarding victims’ rights. In 2007, ATLA changed its name to the American Association for Justice, also known as the AAJ.[3]


The Mission of the American Association for Justice is to promote a fair and effective justice system—and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America's courtrooms, even when taking on the most powerful interests.

Compensation

Typically lawyers’ fees are based on a number of factors, which may include the time and energy spent on a case, the outcome of a case, the difficulty of a claim, the experience and prominence of the lawyer, and the costs associated with the case. There are several standard payment options a personal injury lawyer may offer his/her clients. These options include contingency fees, hourly rates, flat fees, and retainers.

A contingency fee is a prior arrangement between lawyer and client in which the lawyer receives a set percentage of the amount of recovery awarded to the plaintiff in a case. In most cases, monetary recovery is obtained through settlement, mediation, arbitration or trial. Generally, when a lawyer takes a case on a contingency fee, a client has no obligation to pay his/her lawyer a fee unless the case is successfully resolved. Most personal injury lawyers work on a contingency fee basis. The average contingency fee is about thirty percent. An hourly rate is also a common payment option that involves an agreed amount of compensation for each hour the lawyer spends on the case until its resolution. In some cases, personal injury lawyers charge a flat fee, which is a set amount, or a retainer, which is an arrangement where a certain amount of money is paid before legal representation begins. These fee arrangements may also be combined.

Doing business

As with other types of lawyers, personal injury lawyers may choose to start a solo practice or join a small, mid-size, or large law firm as an associate. Personal injury lawyers may also be partners (owners) of a law firm or strive to be a partner.

Sole practitioners of personal injury law offer a number of benefits to potential clients, which include more personal attention and a one-on-one working relationship between the lawyer and the client. Sole practitioners are also more willing to take on smaller cases and often have lower fees and costs.

A small law firm generally consists of two to ten lawyers who can provide more expertise in a given area of personal injury law and can handle a wider range of legal issues. Mid-size law firms with ten to 50 lawyers offer legal representation in almost every major area of litigation and may house several highly experienced and knowledgeable personal injury lawyers. Large law firms with more than 50 lawyers are often the most reputable, having built up the firm for a number of years and consisting of lawyers with high levels of expertise.