Embroiled in a legal dispute, seeking money or other compensation rather than criminal sanctions? Well, this form of law is called civil litigation and one of its branches, the tort law is practiced by personal injury lawyers.
Tort law covers private or civil injuries or wrongs, including the action of trust breach of contract and defamations. The main purpose of the tort law is to make the injured party whole again; provide whatever relief or compensation they are due for their stress and to prevent others from committing the same offense. Practicing personal injury cases highlights social, cultural, corporate and economical weaknesses that result in a physical injury or emotional trauma.
If fought responsibly these personal injury cases sometimes pave the way for amendments in-laws, attitude or start a movement to bring a change in the process or mindset that caused the injury in the first place.
Services Covered By Personal Injury Lawyers
Civil litigators of tort law or as they are commonly known, the personal injury lawyers represent clients across a broad range of legal procedures and meetings such as pretrial preparation, hearing, and disposition, as well as arbitration and mediation. The latter services mentioned are a way of resolving the issue outside the courts – agreeing on a settlement in terms of monetary compensation or another form. This takes place between the injured party and the accused or their representatives and is fielded by personal injury lawyers. These processes are an attempt to guide the relevant parties to a settlement, without spending the time and money going to courts. But the case can always go on trial if one or both parties fail to reach a satisfactory agreement.
Generally speaking, personal injury lawyers help plaintiff (the victim party) receive compensation for their losses that may include loss of earning capacity due to any physical injury and the resultant inability to work, compensation for the pain and suffering, medical expenses both present and expected, emotional distress, loss of companionship, and legal proceedings cost and attorney’s fees. In addition to this, personal injury attorneys also work to safeguard clients from being victimized by the insurance companies and the legal system.
Type Of Cases Covered By Personal Injury Lawyers
Any case or claim that involve injury to the body or mind due to someone’s negligence or irresponsibility comes under the scope of personal injury law cases. These include but are not limited to all three modes of transport accidents, insect and animal bites, burns, medical malpractices, wrongful death, nursing home or daycare center abuse, construction accidents, defective products, insurance claims, slip and falls and pedestrian accidents.
A personal injury lawyer covers many cases – ‘wears many hats’ and you should be glad that they do because no matter how small the injury is – it is stressful, emotionally, physically and financially burdensome and hinders your day to day life; so the people responsible should be held accountable to prevent such future accidents from happening and to warn them to amend their ways or policies.
Besides instances of negligence and irresponsibility, personal injury also covers intentional torts. In these situations, the defendant acts purposefully to harm the plaintiffs.
A case like this include assault, physical and emotional abuse, battery, theft, trespass and false imprisonment.
TasksOf Personal Injury Lawyers
A personal injury lawyer performs tasks similar to most litigators; they investigate the plaintiffs claim and screen potential clients to evaluate the merits of their case. They gather evidence and research and then prepare for a pretrial, potential settlement, or appeals for a full court trial.
Some of the activities a good personal injury attorney carries out are outlined below for your consultation- so that you know what to expect from the lawyer that you have hired:
Working on a contingency fee basis
Most personal injury lawyers work on a contingency fee basis and since oftentimes than not they bear the expense of the medical and court proceedings; they carefully screen their client’s complaint beforehand. They will not take a case if they do not believe that the plaintiff has a strong claim to a large settlement.
Although you may have told the whole story, gathering evidence for the lawyers is important as they need substantial evidence to support the case. The attorneys may procure police reports or incident reports, medical files, property damage reports, employment documents, they may track down eye-witnesses, they may dig out video or image of the incident, etc. These pieces of evidence establish the liability for who caused the accident, how and to what extent the plaintiff suffered.
Most people tend to avoid negotiation, but personal injury lawyers are used to it. They can review the policy details of insurance companies thoroughly and determine how much compensation can their client demand from them. They also handle all the communications with the insurance companies thereby saving their clients lives and their claims from further jeopardy.
Demands & Pleadings
Determining the maximum amount of the settlement, these personal injury lawyers’ draft and send demand letters to the involved companies and organizations. These demand letters state the facts and special circumstances of the incidents, and the amount of compensation expected of them for the grievance they have caused. If and when these demand letters are ignored, or the terms refused, the lawyers then gear up and prepare and issue pleadings to the defendants. These pleadings state the plaintiff’s stance and demands and indicate the legal arguments as to why the defendant is guilty in the stated circumstance. The attorneys also remain in contact with the defendant’s party; apart from negotiating terms they can also demand from the information such as witnesses and experts.
Preparing for trial
In the scenario that a case proceeds to a trial, a personal injury lawyers present gathered evidence and opinions of experts, private investigators or medical doctors. They may also state previous legal circumstances when a similar accident took place and the resultant proceedings that happened after it.
Having a personal injury lawyer and their team on your side levels the playing field for you and takes most of the stress off you. Injured and emotionally drained, you do not need the added anxieties of dealing with the insurance companies or the representatives of the defendants – leave these headaches to a professional personal injury lawyer.