A personal injury lawyer is an attorney who offers legal services to individuals who claim to have been hurt, mentally or physically, as result of the negligent conduct of another individual, business, government agency or some entity. Personal injury attorneys primarily practice in the field of law called tort law. The term tort law basically refers to a body of law that permits individual or entities to be held responsible for damages incurred due to the other person’s or entity’s negligent actions or misdeeds. For instance, medical malpractice is a form of injury law.
Tort law gives broad protection to individuals who have been subjected to injuries, property losses or even death at the hands of another party. It is intended to protect all who fall victim to negligence or intentional misconduct on the part of another party. The term ‘tort’ also refers to a series of lawsuits that are filed against another party. Personal injury lawyers are experts in handling these lawsuits. They can handle all aspects related to these lawsuits and help their clients file for the claims.You may find more information at Hale Law, P.A., Sarasota
One common scenario that has calls for the expertise of personal injury lawyers is that of a workplace accident or slip and fall. Oftentimes, victims seek the assistance of such an attorney to recover monetary compensation for pain and suffering, medical bills, physical disability resulting from the accident and future loss of earnings. This attorney will also be able to determine the liability of the party involved in the accident. The attorney will assess the details of the case, and will prepare the client’s case for trial. In most instances, the settlement sought by the victim is much higher than the attorney’s fees.
During the investigation of the case, the attorney will interview the potential defendant. He or she will review statements made by witnesses and gather documents that pertain to the case. After determining whether or not to proceed with the personal injury lawsuit, the attorney will discuss the terms of the settlement with the defendant. If the victim agrees to the settlement amount, an agreement will be reached with the defendant and the victim will move on with the litigation process.
There are many ways in which personal injury attorneys may be paid if the case proceeds to trial. Depending on the nature of the case, they may be paid a percentage of any settlement awarded. In many cases, the attorney is paid a contingency fee; this means that the lawyer will only be paid if he or she wins the case. The contingency fee structure is designed to ensure that the personal injury lawyer obtains enough compensation to cover his or her costs and other legal expenses. Should the case not go to trial, the client will be entitled to a portion of the contingency fee that was paid to him or her. Some personal injury attorneys prefer to receive their portion of the contingency fee up front, while others prefer to wait and receive their money gradually.
When hiring a personal injury lawyer, one of the most important factors that should be considered is experience. Many individuals elect to retain inexperienced individuals in personal injury cases because they do not understand the intricacies of state tort law. If a person is injured in an accident caused by the negligence of a third party, the person may be eligible for monetary damages. In order to obtain these funds, the individual who has been injured in the accident must pursue legal proceedings in order to receive fair compensation. Personal injury lawyers must have experience handling a variety of cases such as automobile accidents, defective products, medical malpractice, slip and falls, and medical malpractice.
In addition to the compensation award, individuals who have sustained physical injuries in the process of pursuing a claim against the negligent party may be eligible for a claim for suffering. This type of award is calculated based on the actual cost of medical care for the victim plus his or her loss of income. An attorney experienced in handling such cases will be able to advise his or her client whether he or she is eligible to pursue this type of recovery.
Experienced personal injury lawyers often handle the complex and sensitive matter of wrongful death claims. The death of a loved one can be a devastating situation, and it can take years of research and trial to determine if a lawsuit will be successful. It is important to hire a lawyer with extensive experience in handling cases that involve death or injury, as many of these cases are settled out of court. If a victim does not obtain the monetary compensation awarded to him or her during trial, some states allow the victims’ families to file a wrongful death claim against the person responsible for the victim’s death. If the victim’s family prevails in this type of claim, the defendant is forced to pay attorney fees and settlements to the injured party.