The Duties 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 could be physical which is the harm to the body or psychologically. 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 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 has an experience in any law although they can only practice the area of civil wrongs. 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 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. 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.
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 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 must also be associated with the risk that occurred.
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. 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. A life compensation is given to sportsmen’s who gets injured in the line of duty.
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