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Q.If you were involved in an accident and wanted to sue, would it be better to NOT get a personal injury lawyer? I'm just asking because I know that personal injury lawyers have kind of bad reputations now....and I see them advertising a lot on t.v., billboards, radio, etc. I was just wondering if having a personal injury lawyer would actually do a person more harm than good in a court? Also, do lawyers specializing in personal injury have to go through as much schooling and have as much education, as any other type of lawyer? If so, what's so bad about wanting to help people that have been injured or hurt in an accident rather than helping someone convicted of some kind of crime?
A.(1) Yes, you want a personal injury lawyer because: (a) They've done this a lot, so they're very good at it (generally) (b) They'll take you on a "contingent fee basis" meaning that you don't pay their fees until you win (or settle) your case. Other lawyers will, generally, make you pay up front on a per hour basis. (c) Other lawyers won't take your case because they represent, generally, big companies, and they don't want to look like attorneys who will (or can) sue them. There might be actual conflicts of interest (which prohibit the attorney from representing the latecoming party) or just the appearance to business that they represent people against their interest. (2) Yes, they go through as much schooling as any other lawyer. In fact, many take particular classes after they graduate in trial advocacy, anatomy, and particular issues in personal injury law. (There's a belief that personal injury lawyers are not as smart as "corporate" or other kinds of lawyers because the legal issues they engage every day are generally not "complex." Generally personal injury lawyers did not graduate at the the tops of their classes, but they have many other good skills that make them adept at their jobs) (3) "rather than helping someone convicted of a crime..." Criminal defense lawyers have the WORST reputation of all lawyers. PI lawyers are just seen as greedy and intent on bringing "frivolous lawsuits" against businesses, entities, and individuals who didn't really do anything wrong (like products liability lawsuits, suing McDonalds, etc.) Their reputation is further impugned because they HAVE to advertise -- "corporate" lawyers and the like have a book of steady clients who continually come back to them for business.
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