What is Personal Injury and How Can a Personal Injury Lawyer Help You?
Personal injury is when the body is hurt or damaged due to accidents. We come across so many people falling off their bikes or getting hit by cars every day. The injuries that these people suffer are personal injuries. It not only includes damage to the body, but also includes distress or harm caused to the mind. Emotional, economic and also reputational injuries are taken into account. The after-effects of an accident can cause severe trauma which can sometimes be more harmful than physical injuries.
Personal injuries can include road accidents, accidents at home or work or during holidays, assaults, dental or medical accidents, etc. These accidents, though unintentional most of the time, are caused by another party. This gives rise to disputes between the two parties.
When these disputes are made legal, it becomes a personal injury law case. The person who suffers as a consequence of the accident claims monetary compensation from the person who is accused of causing the injury. The accused person is considered legally responsible for the harm caused. These cases can be taken to civil courts to proceed, but most of the time, informal settlements are made before the case is formalized to avoid lawsuits.
Personal Injury Lawyer Canada come to our rescue when we are clueless on how to proceed with our case. These lawyers are well-trained and more experienced with tort law, which is an area of law that deals with civil wrongs. These lawyers are also called as “trial” lawyers though most of their cases do not go into trials and are settled informally.
The primary responsibility of a personal injury lawyer is to ensure that the client receives the compensation that he deserves for the losses he has suffered. This could be achieved through oral arguments, counseling or legal advice. Advocacy is also used to reach a settlement. In some cases, settlements cannot be reached and these personal injury law cases are taken to the court for trial. Personal Injury lawyers have to work, keeping the best interests of the client in mind and have to maintain confidentiality and ethics.
The person who is responsible for the accident is called as the plaintiff. The plaintiff is expected to cover the losses that the client has suffered or offer monetary compensation. A common example is accidents caused by drunken drivers.
Once the lawyer has proved the negligence of the plaintiff, the plaintiff is expected to pay the defendant for his wrong actions. The amount is easy to calculate in some cases such as medical bills or property damage. In other cases where the defendant suffers emotional distress and trauma, experts are brought in to decide the compensation.
Personal injury lawyers of the defendant may argue that the plaintiff knew the risks involved or that they did not use due care. For example, this can be a valid argument for people who are injured during adventure sports or night trekking. The verdict is in usually in favor of the truth side.
Civil lawsuits are very common these days and personal injury lawyers are trying to resolve a number of tort cases. Being careful and avoiding accidents can save everyone a lot of distress.