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 representation could be physical, and it could also involve a mental representation. The person who files the case is a claimant while the accused is known as the defendant. A case is argued in court whereby the defendant is charged in the court of law for causing injuries to the claimant 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. The personal injury attorney have the skills of any field of law although he or she can practice law in the area of tort. 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. The defendant pays the claimant depending on the magnitude of the case. The legal jurisdiction is carried out in a civil court. It is the responsibility of the judge to determine the amount that is supposed to be paid to the plaintiff. 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 element is the fact that the infringement of the law or violating the rights resulted in a loss to the victim. 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 loss is severe the amount that are supposed to pay as compensation is higher 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. 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.
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