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 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 law of tort is the rights that are violated by the defendant. Even though the personal injury lawyer are trained and has an experience of any field of law, they can only practice law that falls under the tort of law. 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 held in a court of law. The judge decides the terms and conditions to be followed so that the plaintiff can be compensated. 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 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 aspect is that the breaking of the law caused pain to the plaintiff. Finally, the loss that the plaintiff or the claimant has, must be connected to the damage that was caused.
The the amount that is decided to be paid to the plaintiff is determined by the magnitude of the loss suffered. 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. 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.