The Duties Of A Personal Injury Attorney
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 injury could be physical which is the harm to the body or psychologically. 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. 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 a person, a business, a government agency or any other entity. The attorney is known to be trained in his or her field. The law of tort includes the civil wrongs that is done to the plaintiff, the rights violated or economic damages. 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.
The common types of injuries include road traffic accidents that are caused by negligence, accident caused while working and assault among others. 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. 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 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 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 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.