The Duties 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 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. 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 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. 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 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 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 aspect is that the breaking of the law caused pain to the plaintiff. Finally, the loss that the plaintiff or the claimant has, must be connected to the damage that was caused.
The loss suffered will determine the amount that the plaintiff or the claimant will be paid. When the loss is severe the amount that are supposed to pay as compensation is higher 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 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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