Tuesday, 26 April 2016

Role of Personal Injury Lawyers in Negligence Cases

A personal injury lawyer is a person who provides legal representation to those who claim to have been injured, physically or mentally, as a result of the negligence or wrongdoing of another person, company, government agency, or any other entity. ‘Personal injury’ is the term used to describe physical and mental injuries to a person that occur because of someone else's negligence, intentional actions, or strict liability. Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. So, the law defines personal injury as an injury to the body, mind, or emotions.

Negligence in Personal Injury cases

Negligence means the other party failed to act with reasonable care. Every person is required to act responsibly to the other members of the society and to avoid putting other persons to risk. Most of the personal injury cases are based on the doctrine of negligence. The type of cases in which personal injury occurs include car accidents, bike accidents, railroad accidents, dog bites, medical malpractice and negligence, slip and fall accidents, work related accidents, wrongful death, defamation, etc. In order to establish liability in a negligence case, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the same circumstances. Once negligence has been established by the plaintiff in a personal injury case, the defendant must pay to the plaintiff for all the injuries and loss caused by the defendant's action. However, there are defenses that are available to the defendant in personal injury cases. The defendant may argue that the plaintiff did not use due care, and is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff assumed the risk by voluntarily participating in a dangerous sport or activity.     

Role of Personal Injury Lawyers

From road accident cases to medical negligence cases, to a dog bite or intentional tort, every person has a legal right to recover compensation when they are injured as a result of someone else's careless action. The personal injury lawyers generally handle the cases that fall under the tort law. He has to prove that there was a duty to take care, breach of that duty and injury has been caused due to it. A personal injury lawyer files legal complaints, offers legal advice, prepares legal documents and represents his client in court. His primary purpose is to see that justice and compensation has been served to the injured party. Normally, a personal injury lawyer will settle out of court on behalf of his client. However, if no agreement is reached between the plaintiff and the defendant, then he must take the case to the court to be decided by it.


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