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August 22, 2007

A Personal Injury Attorney Can Also Provide Defense

Filed under: Personal Injury Attorney — Personal Injury Attorney Expert @ 6:29 am

A personal injury attorney is a certified lawyer who handles personal injury cases as defined by the law. A personal injury is more than just an accident that results in bodily harm; it is an injury that is the direct result of another person or party’s negligence. For example, if you fall in a store because you trip on your shoe lace, that is considered an accident; but if you fall in a store because the floor is damaged and hasn’t been repaired by management, then that can be considered a personal injury case.

In most cases, a personal injury attorney will work on behalf of the injured party. Once determining if they have a case, based on the evidence, the attorney will begin gathering the materials to present in court. In some cases, when the evidence is overwhelming and the negligence is obvious, the personal injury case will be settled out of court, as the negligent party awards the plaintiff financial restitution rather than facing the possibility of a demand for a larger award in court. If, of course, a settlement is not reached, the personal injury attorney will represent the injured party in court, presenting their case to a jury of their peers.

But a personal injury attorney does not only work on behalf of the plaintiff. A personal injury attorney can also provide much needed defense for the party being sued for negligence. The process works much the same, but in this case the attorney and client work together to gather evidence that refutes any wrongdoing on their part. The most significant edge that the defense attorney has is the burden of proof is largely on the shoulders of the plaintiff. In order for damages to be awarded in a personal injury case, the jury must be convinced – beyond a shadow of a doubt – that the injury was sustained as a direct result of negligence on the part of the defendant.

If the personal injury attorney for the defense is successful in planting even the slightest doubt in the minds of the jury, they can not – within the guidelines of the law – award any financial restitution.

The law provides equal protection to everyone. If you are injured under circumstances that you believe to be negligence on the part of someone else, then it is certainly within your right to engage the services of an attorney. Conversely, if you are being taken to court for negligence that you feel has been unfairly assigned, then it is within your right as well to engage the services of an attorney who will help defend you or your company.

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