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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 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 accused person is charged in a court of law due to carelessness that caused the other party to suffer. The defendant could be a person, a business, a government agency or any other entity. The attorney is known to be trained in his or her field. 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. Other things that fall out of the tort of law is not considered by the personal injury attorney.
Some of the injuries include losses that are caused by negligence. The plaintiff is the person who files the proceedings against the respondent. 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.
When the case is proceeding, there are questions that are asked so as to give evidence that what was said was true so that they can take the right cautions. The first element is the fact that the party that is held guilty has the responsibility to take action according to the situation. The the defendant must have resulted in a violation of law. The third element is the fact that there must be a violation of the rights. 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 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. 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.
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