The Work Of A Personal Injury Lawyer
A personal injury lawyer is a person who is responsible for providing legal representation to those who offer a claim of being injured. The representation could be physical, and it could also involve a mental representation. The person who represents the case to the attorney due to the injury caused is known as a plaintiff while the charged one is known as the defendant. The accused person is charged in a court of law due to carelessness that caused the other party to suffer. The defendant could be an individual, a company, government agency or 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. Other things that fall out of the tort of law is not considered by the personal injury attorney.
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. The accused is obligated to pay the plaintiff when found guilty depending on the magnitude of the case. The legal jurisdiction is carried out in a civil court. The judge has a duty of determining the amount of the money that the plaintiff is supposed to be paid. There are some cases where the involved parties decide to take the matter into their hands instead of taking the case to court and, therefore they can settle by identifying the plaintiff and the one responsible for compensating.
There are questions that are directed to the plaintiff and the defendant so that they can prove that the information they give is true. 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 loss suffered will determine the amount that the plaintiff or the claimant will be paid. If the damage is severe the defendant is expected to pay more than when the damage is minor. 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. An example is a case where an athlete breaks his or her leg when he or she is racing, and he is confined never to race again, and therefore the club is responsible for compensating him or her for the rest of his life.