The Work Of A Personal Injury Lawyer
A personal injury legal representative is an individual who represents those whose rights have been violated in a court of law. 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 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. 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.
Some of the injuries that are road traffics that are caused by carelessness and therefore causing damage. The claimant is the one who suffers a loss and takes the matter to the court. 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. The judge has a duty of determining the amount of the money that the plaintiff is supposed to be paid. 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 the first element is the fact that the defendant must be guilty of the charged. The the second element is that the defendant must break a certain 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 loss suffered will determine the amount that the plaintiff or the claimant will be paid. 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 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 life compensation is given to sportsmen’s who gets injured in the line of duty.