On Attorneys: My Thoughts Explained

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 person who files the case is a claimant while the accused 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 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. 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. When the defendant is found guilty has the responsibility of compensating the plaintiff depending on the court statement. The cases are settled 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 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 must also be associated with the risk that occurred.

The the amount that is decided to be paid to the plaintiff is determined by the magnitude of the loss suffered. If the damage is severe the defendant is expected to pay more than when the damage is minor. 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.