The Work Of A Personal Injury Lawyer
A personal injury attorney is a person who provides a legal presentation to the people who gives a claim of being injured or their rights being violated. The injury caused to the individual could be physical or it could be emotional. The person who files the case is a claimant while the accused is known as the defendant. The defendant is charged because of the negligence that he did and it led to a loss. The defendant could be a person, a business, a government agency or any other entity. The lawyer responsible is known to have the know-how regarding the law especially the tort law. The tort law has the civil wrongs that the defendant do the plaintiff. Even though the personal injury lawyer are trained and has an experience of any field of law, they can only practice law that falls under the tort of law. Therefore anything that falls out of the injuries that are caused by accidents, defamation and slander cannot be taken care of by a personal injury lawyer.
The common types of injuries include road traffic accidents that are caused by negligence, accident caused while working and assault among others. The claimant is the one who suffers a loss and takes the matter to the court. When the defendant is found guilty has the responsibility of compensating the plaintiff depending on the court statement. The cases are settled in a civil court. The judge has a duty of determining the amount of the money that the plaintiff is supposed to be paid. Some of the involved parties can decide to take care of the matter instead of taking the matter to court.
There are questions that are asked to both parties so that they can prove who is right or wrong. One of the element is that the defendant must have caused damage to the plaintiff. The the second element is that the defendant must break a certain law. The third aspect is that the breaking of the law caused pain to the plaintiff. The loss must also be associated with the risk that occurred.
The amount that the plaintiff is supposed to be paid can only be determined by the magnitude of the loss or the type of loss that occurred. When the damage is so severe, the amount of the money that will be paid will be relatively higher compared to when the damage caused is not severe. There are some accident that can cause the claimant to be bed ridden and therefore can’t be in a position to attend to his day to day activities, in such cases a lifetime compensation is ordered in the court of law to cater for the claimant daily needs. A case example is an athlete who gets injured on the sports ground and gets a permanent injury such that he cannot be able to go back to the field again and perform, with this the club is supposed to compensate him in full for a lifetime.