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The Duties Of A Personal Injury Attorney
A personal injury legal representative is an individual who represents those whose rights have been violated in a court of law. The representation could be physical, and it could also involve a mental representation. 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 attorney is known to be trained in his or her field. The tort law has the civil wrongs that the defendant do the plaintiff. 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.
The common types of injuries include road traffic accidents that are caused by negligence, accident caused while working and assault among others. The claimant is the one who suffers a loss and takes the matter to the court. The accused is obligated to pay the plaintiff when found guilty depending on the magnitude of the case. The legal jurisdiction is carried out 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 directed to the plaintiff and the defendant so that they can prove that the information they give is true. The first element is the fact that the party that is held guilty has the responsibility to take action according to the situation. The other one is that the defendant breaks a certain law and that he or she infringed the law. The third element is the fact that there must be a violation of the rights. The loss must also be associated with the risk that occurred.
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. If the damages are so severe such that the life of the plaintiff can never be the same again, in such instance a lifetime compensation is authorized in favor of the plaintiff. 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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