Career Field Analysis of Personal Injury Lawyer - Case Study Example

Career Field Analysis: Personal Injury Lawyer Introduction Personal injury law practice is one of those interesting but challenging careers as it helps injured people through negligence or otherwise to continue with enriching their lives. Majorly, a personal injury lawyer does not have to be one that only went to law school to study in this specific area as this lawyer only chooses to diversify, which is one of the interesting things about working as this type of lawyer. In essence, a personal injury lawyer can practice law in any field, but their main Specialty lies in having a wealth of knowledge in the Tort Law, which is practically their manual of operations. A case for this type of lawyer includes the handling of representation for clients whose injuries have resulted from negligence or harm by another person, government organ, and company or through another party. In essence, a personal injury lawyer safeguards the interests of citizens, employees, and consumers of products as they handle cases of injuries that may result from the use of faulty consumable products, automobile, medical negligence, work related injuries among a list of other possible causes. As much as this line of work focuses on attaining compensation for a plaintiff, it involves intense research over a case in which the lawyer has the obligation of applying ethical practice in the execution of their duty (Currier and Thomas 18). Over the years, a personal injury law practice has been on the increase with the increase aspects of industrialization and globalization, but this has also met quite a number of resistances especially in the USA. Many of the civil personal injury cases have been successful as the complainants have been able to secure adequate compensation for the injuries acquired from accidental or neglectful causes either at their places of work or through the government making this practice to relevant to the current times. 2. Typical career path: As earlier mentioned, a personal injury lawyer begins practice by studying all aspects of law, then branch out to specialize in this line of defending the rights of the oppressed. Therefore, there is no shorter way to being this type of lawyer as one has to branch out and specialize in one aspect of personal injury litigation. The specialization aspect helps a personal injury lawyer to gain experience and knowledge in one area of litigation in order for them to deliver representation that is of quality to the clients that they represent. Some begin as personal injury lawyers practicing in other people’s law firms, then end up setting up their own practices after developing their feet in the ways of becoming independent and how to serve clients from private practice. Ideally, it takes a significant number of years for individual lawyers to establish their own practice, but this requires the acquisition of experience and competence before they can start to represent their clients (Aidman 104). 3. Trends: The emerging trends relating to personal injury practice have created constraints for the delivery of justice for those aggrieved through accidents or negligence that cause injuries. On the contrary, laws governing personal injury are undergoing constant evolution, but this is not as swift as the changes witnessed in the manufacture of goods. For one, personal injury lawyers continue to experience challenges on how to hold manufacturers of defective products liability for litigation, but somehow the US congress seems to be on the verge of breaking through with a solution. In addition, the plaintiffs seem to be focusing their legal energies on the wrong cases such as consumers suing fast food chains for illusory advertising rather than for personal harm caused on them from these foods. Therefore, these shifting trends have made this practice to be one that undergoes continuous transformation in order for personal injury law to be effective in service delivery. 4. Salary information: Ideally, the salary or compensation levels for personal injury lawyers varies depending on the type of litigation that one is handling and is not subject to the number of hours put in the case. In essence, personal injury lawyers in many states such as Florida derive their pay through a percentage of the winnings of their client’s compensation settlement or a contingency fee (Howes and Freedman 209). However, this payment is through a condition in which a lawyer has to obtain compensation on behalf of their client failure, which means that if there is no win, then is no pay for the lawyer. Pay also varies between personal injury lawyers employed by nonprofit organizations, goverrnment, and those employed by recognized law firms with the average annual salary being seventy three thousand dollars. Those in self employed practice in states such as Florida are the highest paid followed by those employed by the government while those that earn the least are the personal injury lawyers that work for non-profit generating organizations. 5. Skills used: Principally, a competent lawyer in the area of personal injury practice requires that they obtain a wealth of experience in one of this litigation practice in order for them to be relevant in service delivery. For one, a personal injury lawyer has to have exceptional communication and convincing skills in order for them to establish strong cases against the accused parties. A personal injury lawyer should also be able to maintain their level of professionalism to their clients as most of these cases tend to be sentimental, especially if the aggrieved party died from the accident or injury. This means that they should empathize with their clients, but not to a level that is likely to harm their case because of too much emotional entanglement. Further, these lawyers have to have exceptional time management skills as they require adequate time to go through the large volumes witness statements while balancing on meeting up with the witnesses (Hackney 82). Other having exemplary communication skills, they also have to have remarkable negotiation skills as this helps in bargaining for settlement claims from insurance companies that would be of benefit to them and their clients. 6. Employing organizations: As earlier mentioned, the practice of personal injury law spreads interest across section of stakeholders that include the government, NGOs, and privately owned law firms. Establishing a private practice is an expensive venture hence many have opted to work for already established law firms in order for them to gain the exposure that they need before venturing to serve on their own. Therefore, personal injury lawyers have a variety of organizations and agencies that they can work for, which is a matter of choice and vocation. 7. Women and minorities: Personal injury law practice is one of those career opportunities that allow for diversity of those interesting in working in this line of duty. Ideally, men are the most dominant in this field as compared to the women, gender, but this trend is slowly becoming outdated. More women have developed an interest in this career as a significant fraction of them have begun seeing this as a job opportunity that they can manage despite the fact that it is not flexible when it comes to execution. 8. Becoming employed: Contrary to other placement opportunities, a personal injury lawyer has to complete a four-year degree program in law from accredited institutions before admission to the American Bar Association once certified (Enchaore-McDavid 47). Once one meets these requirements, they become illegible for recognition as professionals in personal injury law either in solo practice or in law firms belonging to others established lawyers. Ironically, this practice does not necessarily require one to use networking options to advance in their career as this job opportunity requires one to gain experience in order for them to be stable in their own solo practices. Therefore, one has to rise through the ranks in order for them to make partner at independent firms practicing personal law injury through the gaining of experience. 9. Typical job notices: For a lawyer in this arm of practice, research is vital as this helps them in understanding the causes and improving on their knowledge concerning their line of work. A degree in law is relevant in order for one to be cognitive in this practice as this is the only admission requirement for a lawyer to be admitted to the bar association. Personally, cases of work-related cancer would have to be the most challenging to prove as they tend to develop ten to fifteen years after exposure to these cancer-causing substances. Proving and winning these cases is rewarding as this helps the plaintiffs to live bearably even after receiving the diagnosis of life threatening cancers. 10. Work conditions: Like any other profession, personal injury law practice is demanding and many at times tend to attract high stress levels if there is poor planning of time and resources. For instance, the witness gathering process tends to be tedious to many lawyers, but to others may not be as challenging because they have perfected the art of keeping their minds in check. Travelling for this profession is not as much except for during the time of rounding up witnesses for a case or gathering evidence that may be helpful to the development of a case. However, this calls for intense working hours for these lawyers if their interest is in ensuring that their clients receive the compensation that they seek and for their lives regain normalcy. The interaction levels between clients and these lawyers tends to be direct in most cases as these cases in many occasions do not allow for delegation of tasks is this is likely to influence the case to be weak. 11. Education/ Training: In order for one to qualify as an able personal injury lawyer some additional requirements are key such as the passing of other exams other than the law degree exam. For one, a possible lawyer has to pass the bar examination in the USA and a hand written ethics test that tends to be different in each state. Further, a Multistate Bar Examination, Multistate Performance test, or the Multistate Essay Examination can also be mandatory requirements in some states before one becomes eligible to practice either solo or otherwise (Romania 71). However, this is not the end of the learning curve for them as they should keep up with the changing dynamics of this practice in order for them to stay relevant in their work. This helps in improving competency standards for those involved in this practice, which also increases professionalism. 12. Certificate/ Licensure: Professional certification is vital for a personal injury lawyer as this is a voluntary course that recognizes an individuals ability to practice as per the set standards in which the government or state of Florida has no obligation to enforce. This also helps those certified to gain respect from their employers and those working in the same field, but its also a time-bound process. In essence, the retention of this certification requires that one continues to study in their relative fields in order for them to keep up with the progresses made in this practice. Therefore, certification nad licencing by the NALA Certifying Board of practicing paralegals for a personal injury lawyers makes their career valid and applicable. 13. Affiliations: One of the key associations that a personal injury lawyer should have an affiliation to be the Association of Personal Injury Lawyers that seeks to improve on the services delivered to victims of accidents caused by negligence (Atiyah and Cane 192). Ideally, having an affiliation to this organization is of benefit to a personal injury lawyer as this institution helps in giving its member accreditation and the feel of working in this field of law. 14. Outlook: Presently, this practice is one of the fastest growing occupations because of the expansions in the technology and industrial sector inclining that there is a need for an increase in these services. As much as the advancement in technology and globalization reap benefits to the economy, the numbers of casualties created by this expansion are many hence increasing the quest for justice. Using this as a basis, the general outlook for this career option, especially for minorities and women will increase in the future as there is the provision of equal expansion opportunities for all. 15. Lifestyle impact: As documented above, this career practice is demanding and hence a practicing personal injury lawyer may have minimal time for family or social events especially when working on challenging cases. This may lead to a life of solitude or divorce as these lawyers hardly find time for family or friends. Subsequently, this may lead to mental states of these lawyers because those that surround them may not understand them, hence forcing them to withdraw or find solace in other things such as alcohol. 16. Conclusions: From a personal level, having experienced first hand the day to day activities of personal injury lawyers has made me realize the kind of pressure that these professionals undergo and the requirements of being successful in this practice. What stood out for me from this career is that the rewards that come with helping a client to get on with their lives supersede any monetary reward. I liked the planning aspect because this makes this practice to be successful while also experience helps in developing competence in this practice. What I did not like about this career is that a lawyer may work hard in order to be relevant in this practice, but this comes at a costly penalty that may include solitude. What I carried from this profession is that this practice helps manufacturers and other parties that may cause harm to individuals through negligence to uphold ethical standards because of the legal implications that they may attract. 17. Questions: 1) From a recent article on the changing dynamics in the diversity of those practicing this field of law, do you foresee this practice going international to include export to other countries? 2) As per successful research, a significant number of those involved in this practice hardly involve themselves in family life or are either divorced. What advice would you give in order for them not to lose sight of the importance of family as their support system? 3) Being admitted to the bar association seems to be the least entry requirement for an individual seeking to join this practice. Does this mean that lacking some of the other Multistate pass in other exams makes me unqualified to begin this quest to justice delivery? 4) Experience seems to be a vital organ in making sure that a personal injury lawyer becomes competent in their practice, but does this out rule the theoretical approach as another possible way of understanding the requirements of this practice? Does that mean that your success today only draws from experience only and not from other factors such as endurance and hard work? Work Cited Aidman, Evan K. Winning Personal Injury Cases. Philadelphia, Pa: ALI ABA, 2011. Print. Cane, Peter, and P S. Atiyah. Atiyahs Accidents, Compensation and the Law. Cambridge: Cambridge University Press, 2013. Print. Currier, Katherine A, and Thomas E. Eimermann. Introduction to Paralegal Studies: A Critical Thinking Approach. New York: Aspen Publishers, 2010. Print. Echaore-McDavid, Susan. Career Opportunities in Law and the Legal Industry. New York: Ferguson, 2008. Internet resource. Freedman, Janet, and Marie Howes. Hit by an Iceberg: Coping with Disability in Mid-Career. Victoria, B.C: Trafford, 2003. Print. Hackney, Blackwell A. Law. New York: Ferguson, 2010. Print. Ramineni, Chaitanya. Rater Contrast Effects in Performance Assessments Using the Medical Licensure Examination. , 2008. Internet resource. Read More