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August 14, 2007

The Role Of A Personal Injury Attorney

Filed under: Personal Injury Attorney, Personal Injury Cases, Personal Injury Law — Personal Injury Attorney Expert @ 6:24 am

There are many different facets of the law; designed to protect, serve, and represent the public on a multitude of issues. One such segment of the law is that which is assigned to personal injury – defined by physical or psychological injury derived from negligible wrongdoing by another party. A personal injury attorney acts on behalf of the claimant in subsequent legal proceedings.

In order to best understand the role of a personal injury attorney, it is necessary to have a basic understanding of the complexities of personal injury law. Personal injury can be sustained anywhere, and as a result of many different circumstances; a traffic accident can just as easily result in personal injury as a job-related occurrence. What differentiates personal injury – a basis for a legal claim – from simply an accident is negligence or intent. Your injuries sustained from a vehicle accident caused by a drunk driver are considered to be personal injury and are therefore actionable in a court of law; your injures sustained at the workplace as a result of a broken stair that had been neglected to be fixed is more than just an accident – it is an actionable personal injury case.

It is incumbent upon a personal injury attorney to explore all the facts of a case before determining if it has merit as an actionable legal case. If the attorney feels that the case has merit they will work in the best interests of their client, gathering pertinent information to help build a case of negligence or intent. Such information may include the testimony of witnesses, video or still pictures of the scene of the injury, and a variety of other material specific to the case. A personal injury attorney will also work with their client to determine a financial figure that will cover the costs of the injury including medical and therapy bills, lost wages, damage to property, and, in some cases, punitive damages that is meant as penalization for proven negligence and compensation for the injured party’s pain and suffering.

At this point, the attorney may choose to first approach the defendant directly to attempt to expedite a financial settlement that allows them to avoid the courtroom but receive financial restitution. If such a settlement is not successful, it may become necessary to go to court. In the courtroom, the personal injury attorney strives to convince a jury of the defendant’s negligence – by far the most challenging part of the process as such negligence must be proven without a shadow of a doubt in order for restitution to be awarded.

In the case of a wrongful death suit, a personal injury attorney may be retained by the family of the deceased to bring their case to court.

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