The Practices 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 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 an individual, a company, government agency or other entity. The personal injury attorney is known to have the knowledge regarding the law especially the law of tort. 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. Any kind of injury that is caused by any other thing that falls out tort law cannot be taken care by the 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. The defendant pays the claimant depending on the magnitude of the case. 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 the defendant must have resulted in a violation of 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 that has faced the plaintiff must be associated with the damage 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. 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.