Personal Injury Attorney Vs. Criminal Defense Lawyer: What’s the Difference?
Among the thousands of legal subspecialties, personal injury and criminal defense lawyers are the most sought-after legal practitioners in the United States. However, what is the difference between the two?
Personal injury attorneys are the ones who handle cases under the personal injury law, such as incidents involving slip and fall, defective products, medical malpractice, vehicular accidents, and wrongful deaths. In contrast, defense attorneys are usually generalists. Most of them take any criminal court case, while others have focused on their specializations.
For instance, some criminal lawyers specialize in bail hearings and reviews. Costa Law explains that the law requires people who have been denied bail to stay in custody. However, a bail lawyer can help the individual seek a bail review for the revocation of the decision.
Although each has a different scope in the legal industry, it is necessary to know their differences and what they can specifically do for you. Who knows, either of them might be of great help for you soon.
Personal Injury Attorneys
A personal injury attorney represents a claimant (the person who claims compensation for injuries or losses from an accident caused by someone else) in court. The primary responsibility of a personal injury attorney is to help claimants exercise their right to fair compensation.
To seek the best settlement for the claimants, a personal injury attorney must prove that a defendant was neglectful or made voluntary decisions that resulted in the claimant’s injury and losses. You can click here to know how these lawyers work to help their clients get the compensation they deserve.
The specifics of how a personal injury lawyer, birth injury lawyers, or premises liability lawyer proves it mainly depend on three factors: (1) specialty area, (2) details of every case, and (3) specific stage of the case that is being worked on.
Despite the variations, there are seven similar methods that most personal injury lawyers do in all or most cases, as follows:
- Investigate Claims
- Gather Evidence (This includes procuring the police report and the incident, tracking down witnesses and requesting relevant documents from the claimant.)
- Contact and Negotiate with Insurance Companies
- Send Demand Letters to the Insurance company
- Draw up Pleadings (This usually happens when an insurance company refuses to offer a just settlement.)
- Conduct Discovery (This usually involves sending interrogatories to the opposing party.)
- Representation in Court (This occurs if a settlement cannot be negotiated between an involved insurance company and the claimant.)
Apart from negotiating with insurers, a personal injury lawyer deals with commercial companies, too. For example, in San Diego, California, a trucking company denied legal liability to its driver’s negligence, primarily because the at-fault driver is an independent contractor. It was a hard case, with a great deal of money at stake. The at-fault driver had to seek legal help from a San Diego truck accident lawyer. Otherwise, he could solely shoulder all expenses.
Another example is the recent lawsuit against the US Department of Agriculture (USDA), which allowed poultry companies to increase line speeds amid COVID-19. This has allegedly endangered several employees at chicken processing plants in six states, including Alabama, Arkansas, Indiana, Kentucky, Mississippi, and Missouri. Although the lawsuit is still pending in federal court, it calls for both workers’ compensation and personal injury claims.
Moreover, claims that are not dealt with a personal injury lawyer are typically settled for a lower amount. On the contrary, if a personal injury lawyer advocates a claimant’s case, they will ensure to get the maximum amount of compensation available from an insurance company.
What’s more, Personal Injury attorneys work on a contingency basis, which means they are unpaid unless the case is settled. Their payment also depends on the settled amount of compensation. That is to say, the higher the compensation a claimant will receive, the better the service they will receive. For this reason, they will more likely investigate a case closely before giving it a go.
Criminal Defense Lawyers
A criminal defense lawyer is also called a “defense lawyer” or a “criminal lawyer.” They mainly defend a defendant (the person accused of or charged with a crime) from the charges they face and protect their constitutional rights. One of these rights is to deny any unreasonable searches, regardless of whether they are innocent or guilty.
To successfully win the case, a defense lawyer has to hold a proper investigation and prepare a defendant for trial. Should a case go to trial, defense lawyers may have to go back in forth the court before and during a legal proceeding. Here is a quick summary of what they do:
- Investigate the Client’s Case
- Trial Preparation
- Jury Selection
- Representation in Court
- Sentencing Hearing
Seek legal help from a defense lawyer whenever you are accused of or charged with a criminal offense, regardless of how minor or major it is. Misdemeanors and felonies alike may still result in lengthy prison sentences or exorbitant fines. You can hire your chosen defense lawyer or trust the court-appointed lawyer to plead your case.
More importantly, you may want to ask for a defense lawyer during police interrogations. Having been called in “just to talk” by the police means they will look for potentially incriminating evidence. Whatever you say, no matter how modest or factual it may be, can be used against you. This is why you need a defense lawyer to defend you.
How to Choose Between A Personal Injury and Criminal Lawyer
Choosing between a personal injury lawyer and a criminal lawyer depends on the nature of your legal issue. If you’ve been injured due to a car accident, fall, slip, or medical malpractice, you need a personal injury lawyer. Conversely, if you’re facing criminal charges or investigation for a crime, you must talk to a criminal defense lawyer.
It’s essential to look for lawyers who specialize in the specific type of case you have, as personal injury law and criminal law are different specialties with their own nuances and complexities. Additionally, checking the lawyer’s experience in handling cases similar to yours and researching their reputation through reviews and testimonials is crucial. Understanding the lawyer’s fee structure, ensuring clear communication, and building trust and comfort with your legal representative are also vital factors to consider. If you’re uncertain, consulting with both types of attorneys can help you make the best decision.
Takeaway
Legal matters may take place both in unexpected and expected situations. The worst scenario is when you are involved in a case, and yet you are unsure of your rights. But fret not. This is when lawyers come into play.