The Work Of A Personal Injury Lawyer
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 caused to the individual could be physical or it could be emotional. 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 attorney is known to be trained in his or her field. 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 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. 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 directed to the plaintiff and the defendant so that they can prove that the information they give is true. 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. 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. There are some instances where the plaintiff is supposed to be paid for the rest of his or her life. 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.