The Practices 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 caused to the individual could be physical or it could be emotional. 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. 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 personal injury attorney is known to have the knowledge regarding the law especially the law of tort. The tort law has the civil wrongs that the defendant do the plaintiff. The personal injury attorney have the skills of any field of law although he or she can practice law in the area of tort. Other things that fall out of the tort of law is not considered by the personal injury attorney.
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. 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. Some of the involved parties can decide to take care of the matter instead of taking the matter to court.
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 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 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 instances where the plaintiff is supposed to be paid for the rest of his or her life. 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.
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