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 representation could be physical, and it could also involve a mental representation. 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.
Some of the injuries that are road traffics that are caused by carelessness and therefore causing damage. The plaintiff is the one who files a court case against the defendant. 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. It is the responsibility of the judge to determine the amount that is supposed to be paid to the plaintiff. The plaintiff and the defendant can decide not to take the case to court and also decide on the amount of compensation by the one who is found guilty.
When the case is proceeding, there are questions that are asked so as to give evidence that what was said was true so that they can take the right cautions. One of the element is that the defendant must have caused damage to the plaintiff. The other one is that the defendant breaks a certain law and that he or she infringed the law. The third element is the fact that there must be a violation of the rights. The loss that has faced the plaintiff must be associated with the damage caused.
The loss suffered will determine the amount that the plaintiff or the claimant will be paid. When the loss is severe the amount that are supposed to pay as compensation is higher If the damages are so severe such that the life of the plaintiff can never be the same again, in such instance a lifetime compensation is authorized in favor of the plaintiff. 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.