What is personal injury lawyer
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β¨ What is personal injury lawyer | Martinez Law Center.
If you've been injured or harmed due to someone else's negligence, recklessness, or intentional actions, you may need a personal injury lawyer. Here's an overview:
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Personal injury lawyers specialize in tort law and represent plaintiffs who have been injured physically, psychologically, financially, or otherwise.
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They help clients seek compensation through negotiations with insurance companies or by filing lawsuits and going to court if needed.
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Typical personal injury cases they handle include motor vehicle accidents, premises liability claims (slip and fall), medical malpractice, workplace injuries, defective products, and more.
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Personal injury attorneys must investigate cases to build strong evidence of liability. This can involve inspecting accident scenes, interviewing witnesses, consulting experts, etc.
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They negotiate actively with claims adjusters and defense lawyers to obtain fair settlements for their injured clients before going to trial.
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If reasonable settlement offers are not obtained, personal injury lawyers must competently handle litigation and trials. This requires extensive legal skills and experience.
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Personal injury attorneys also advise clients on legal matters like statute of limitations, reasonable expectations for compensation, and rights under the law.
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They are fluent in areas of law like negligence, product liability statutes, workers compensation, insurance bad faith practices, medical and legal ethics, and more.
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Top skills for effective personal injury lawyers include negotiation, investigation, legal research, trial advocacy, client counseling, and strong strategic judgment.
So in essence, personal injury attorneys use various legal skills to help their injured clients recover fair compensation through settlements or court awards. They are advocates for the injured.
β¨ What is the Law of Personal Injuries?
The law of personal injuries, also called personal injury law, covers civil lawsuits that seek compensation for harm caused to a victim through the negligent or intentional actions of another party. Here's an overview:
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Personal injury law is part of the body of tort law in the civil justice system. Torts involve private wrongs against an individual, rather than criminal wrongs against society.
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Common grounds for personal injury claims include negligence, strict liability, intentional acts, defamation, trespass, and other wrongful conduct that causes harm.
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The injury or harm suffered can be physical, psychological, professional, financial, or take other forms. Bodily injury from accidents is most common.
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To successfully bring a personal injury case, the victim (plaintiff) must show the defendant owed them a legal duty of care, they breached this duty through wrongful actions, and this breach caused ascertainable damages.
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Compensation in personal injury cases typically aims to cover actual financial losses like medical expenses and lost income, as well as pain and suffering and emotional distress damages.
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Strict time limits called statutes of limitations apply to how long after an incident a victim has to file a personal injury claim, which varies by state and type of claim.
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Most personal injury cases settle out of court and do not go to trial. Settlements are negotiated between the attorneys and insurance companies.
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If a settlement can't be reached, the case goes to litigation and either a judge or jury determines if the defendant is legally liable for the plaintiff's damages.
So in essence, personal injury law allows injured victims to hold accountable those responsible for harming them through negligence or other wrongful acts.
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