A personal injury attorney is a lawyer who offers legal representation to those who claim to be injured, mentally or physically, due to the negligence of another individual, business, government agency or some entity in their personal sphere of influence. Personal injury attorneys primarily practice in the field of civil law defined as tort law. Tort law governs how pecuniary damages and other types of awards are to be calculated. It is also the body of law that most commonly awards compensation for pain and suffering, physical disability, past and future medical care, loss of earning capacity, and in some cases punitive damages. This article briefly considers the role of personal injury attorneys.
Claiming compensation for an injury may require you to file a lawsuit. You must firstly be able to prove that the accident was indeed a personal injury, that it caused you physical harm or emotional distress, that you suffered mental agony and trauma as a direct result of the accident and that you have a legitimate claim for compensation. If you are able to prove all these things, then your lawyer will help you file a case against the other party or parties. A personal injury attorney is usually involved in two different ways: he/she will act on your behalf in court and will also collect and pay a portion of any settlement money that eventually comes out of a settlement. The lawyer’s role in settlement recovery is important, but he/she should never act as a mediator in a case.
There are many circumstances where a personal injury attorney may be called upon to defend the plaintiff in a case. For example, sometimes plaintiffs will file claims against insurance companies for personal injuries that they have sustained because of defective (but not necessarily unsafe) products. Sometimes plaintiffs will file claims for injuries sustained while working at companies that manufacture products that are dangerous for the workers. Other times, insurance companies will settle claims by paying the plaintiff.
Other situations where personal injury attorneys can be valuable are when the defendant (the person who is responsible for the accident) does not admit liability and will go to great lengths, such as denying any responsibility, or simply offer a settlement to avoid the expense and hassle of going to court. In such cases, the defendant will often consult with their personal injury lawyers to determine whether or not a settlement would be more beneficial to them. Sometimes, a guilty person will face jail time if the case goes to trial. So it is always good to have a personal injury attorney on your side.
Some people who have been victims of car accidents may find themselves eligible for benefits from their insurance company. However, if an injured party is unable to obtain any monetary benefits from their insurance company, they may need to pursue legal proceedings. In these cases, a personal injury attorney may be helpful, since he/she will have experience in handling lawsuits involving car accidents. For example, they will know which procedures must be taken to ensure that the victim receives fair compensation for their pain and suffering.
One other situation where a personal injury attorney may be useful is when a driver at fault in an auto accident files a claim and refuses to receive any form of medical treatment. Normally, drivers who refuse to seek medical treatment are guilty of assault. If an assault had been committed, the victim may be able to sue the driver for assault. In addition, the injured party may also recover other damages, including medical treatment costs.