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 one who files a claim is known as a plaintiff while the one who is being charged is known as the defendant. A case is argued in court whereby the defendant is charged in the court of law for causing injuries to the claimant 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 law of tort is the rights that are violated by the defendant. 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 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 held in a court of law. 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.
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 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 the infringement of the law or violating the rights resulted in a loss to the victim. 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. 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. 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.