Personal Injury Attorney
Personal Injury and The Law
Most of us have seen advertisements from lawyers specializing in personal injury. Smiling in advertising posters and always present in TV commercials, lawyers specialized in personal injuries usually have high visibility.
From car accidents to slips and falls, personal injury cases occur every day in the United States. But there are different types of personal injury lawsuits and different legal strategies are used while blaming someone for injuries.
Personal Injury Attorney
Personal Injury Attorney
What is the personal injury law?
To be specific, Personal injury law refers to the legal remedies and defenses which is involved in civil lawsuits and is an outcome of a wrongful conduct or a wrongdoing. In fact, the word “tort” comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer.
The law on personal injury is the legal way for an injured person (the plaintiff) to file a lawsuit against the defendant (the defendant) seeking financial compensation for the losses caused by the injury.
Personal injury cases include grievances (civil wrongs that result in injury or damage) and are divided into three general groups:
- Neglected wrongs: when someone acts without care (as in many car accidents).
- Intentional torts: done on purpose (like a punch in the face).
- Objective liability tort: liability imposed without regard to fault (as inherently dangerous activities).
The plaintiff in a civil action, usually, must prove his case by the preponderance of the evidence (in other words, the defendant has most likely caused the damage or is his fault). This is considerably easier to prove than in a criminal case (that is, guilt beyond a reasonable doubt).
Neglected wrongs: causing harm by carelessness
In many personal injury lawsuits, negligence is alleged. In a typical case of negligence, the plaintiff must prove the following:
- The defendant owed the plaintiff a duty of care, to protect him from possible injury.
- The defendant did not act reasonably in a certain set of circumstances.
- This action was actually the one that caused the injury to the plaintiff.
- The plaintiff suffered actual harm due to the breach of the duty of care by the accused.
Note that, for negligence, it is not required that the defendant intended to cause harm, but that the accused has not acted as a reasonable person would in the same circumstances. A usual defense in a negligence case is that there was no reasonable duty of care or that there was something else that caused the injury (such as the plaintiff’s own actions).
Intentional torts: causing damage on purpose
Unlike cases of negligence, the plaintiff who alleges an intentional tort must show that the defendant wanted the damage to occur. Some examples of intentional wrongdoings include assault, unlawful deprivation of liberty, trespassing and intentional provocation of emotional distress.
While some of these grievances may also be tried under criminal law, civil law allows private parties to initiate actions for them as well. A good example is the civil law case of O. J. Simpson. While Simpson was acquitted in the criminal case, which was the one that gained the most notoriety, he was found liable for damages in the civil case.
Objective liability grievances: fault regardless of intent or carelessness
There are some types of grievances in which the defendant can be held responsible if an injury occurs, even if he has not acted negligently or intentionally. In a typical case, in cases of strict liability, highly dangerous products or activities are involved, such as the storage of dangerous substances or the demolition of buildings.
It also includes employers considered liable for the negligent or criminal actions of their employees. In some states, dog owners may also have strict liability for the actions of their pets if they harm another person.
What types of compensation can I get in the event of an injury?
In most cases of personal injury, it is intended to obtain economic compensation. The economic damages are intended to cover financial losses, such as medical expenses, loss of income, etc. Non-economic damages include compensation for pain and suffering and the loss of a partner.
In some circumstances (often scandalous), the law may allow punitive damages to be recovered. Punitive damages are intended to punish the losing party for their misconduct or willful misconduct. Sometimes called exemplary damages, punitive damages are an added punishment with a view to discourage the defendants from continuing their criminal actions.
An important part of the personal injury lawsuit process is the negotiations conducted by the plaintiff’s and the defendant’s attorneys. These negotiations are crucial since many defendants for personal injuries would prefer to reach an agreement before going to trial.
Injured or overwhelmed? Get a free analysis of your case from a personal injury lawyer
If you are injured, you need not suffer in silence. An experienced personal injury lawyer can help you choose from your legal options. These attorneys initiate civil suits based on the correct legal theory, gather evidence and negotiate with the counsel of the other party, the defendants and the insurance companies.
Get a free case evaluation from an experienced personal injury lawyer to begin analyzing your options and obtaining compensation for injuries sustained.
What are personal injuries and how can a lawyer help you?
Do you know that it is a personal injury? A personal injury is an injury to the body, but it can also include mental and emotional injuries. Personal injuries do not include property damage.
What types of personal injuries are there? The most frequent types are an automobile accident, accident at your workplace, accident at home or injury caused by an assault.
How Can a Personal Injury Attorney Help Me?
In the United States, there are 16,000 car accidents every day. Millions of Americans lose their jobs each year due to work-related injuries and millions more are injured by medical errors each year.
It’s just too easy to suffer an injury. Moreover, the consequences of an injury also have costs: medical expenses, loss of wages, and even loss of ability to earn money in the future. With all these consequences, the stress and pain of an injury can last long after you have healed.
If you have suffered an injury as a result of another person’s actions, or because someone did not take precautions to prevent the injury, you can take action to collect damages.
The responsible party may be required to pay their medical bills and to compensate for lost wages as well as lost potential wages. You must take all precautions to protect your family and yourself after you have been injured. That includes hiring a lawyer to explore your legal options.
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Why you should hire a personal injury lawyer
A lawsuit about personal injury can be extremely complex. Witnesses may be called to testify about their injury or the circumstances that caused it. The examination of the files may be required. Expert witnesses may be required.
Personal injury cases require careful attention in detail. The resolution of injury cases may require documentation, paperwork, and a large amount of time.
It is vital to hire a lawyer experienced in the personal injury law to protect your rights. If you try to recover damages from a company or another organization, you can bet that they will have legal advice at your side.
Your lawyer can do more than simply coordinate your legal case. You can help fill out the paperwork that often accompanies an injury claim. It can help you negotiate with the insurers and with the counselors of the opponent.
An experienced lawyer will have access to the network of investigators and expert witnesses that can make the difference in your claim. A lawyer with experience in personal injury can help you in all aspects of the injury claim process, not just the lawsuit.
In addition, many personal injury attorneys work based on contingent fees. This means that they will not charge unless you win the case. The personal and financial stress of an injury can be difficult to manage.
You will be tempted to an offer of settlement that is not in your best interest. Your lawyer can give you objective advice about these offers, to let you know what to expect. Finally, you can resolve your case through mediation, reducing the time and expenses necessary to satisfy your claim. Your lawyer can assist you through the entire mediation process.
Although you may possibly still be responsible for other expenses, such as independent review of your medical records by a new doctor, you should not consider a lawyer as another expense, it may be the best investment you can make after suffering an injury.
Speak Today with a Personal Injury Lawyer
This article aims to be useful and informative. But legal issues can be complicated and stressful. A qualified personal injury lawyer can attend to your particular legal needs, explain the law and represent you in court. Take the first step now and contact a qualified personal injury lawyer near you to discuss your specific legal situation.