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 one who files a claim is known as a plaintiff while the one who is being charged 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 a person, a business, a government agency or any other entity. The attorney is known to be trained in his or her field. The tort law has the civil wrongs that the defendant do the plaintiff. The personal injury attorney have the skills of any field of law although he or she can practice law in the area of tort. 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 person who files the proceedings against the respondent. The accused is obligated to pay the plaintiff when found guilty depending on the magnitude of the case. 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.
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. The first element is the fact that the party that is held guilty has the responsibility to take action according to the situation. 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. Finally, the loss that the plaintiff or the claimant has, must be connected to the damage that was caused.
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.
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