The Practices Of A Personal Injury Attorney
A personal injury legal representative is an individual who represents those whose rights have been violated in a court of law. 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. The personal injury has an experience in any law although they can only practice the area of civil wrongs. Any kind of injury that is caused by any other thing that falls out tort law cannot be taken care by the 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. 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.
There are questions that are asked to both parties so that they can prove who is right or wrong. The the first element is the fact that the defendant must be guilty of the charged. The the defendant must have resulted in a violation of law. The third aspect is that the breaking of the law caused pain to the plaintiff. 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 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.