This is a very good question that all those in need of an injury lawyer would ask themselves.
Many of us do not know how they operate and what they are meant to do in the court of law. Worry yourself no more, just read through this article to understand an injury lawyer’s work, but before we go any further I would like to define who an injury lawyer is.
A personal injury lawyer can be defined as a lawyer who offers legal services to people who are injured due to the negligence of another party (company, person, or any entity).
The area of the law where personal injury lawyers focus on and practice is known as tort law.
Traffic collisions, workplace injuries, defective products, and slip and fall accidents are all examples of personal injury claims made by the victims of such cases.
As we now know who they are, the next thing for us to do is to understand how a personal injury case works.
How Does a Personal Injury Case Work?
Two personal injury cases can’t follow the same path, it is the same way two accidents can’t occur the same way.
But from a bigger point of view, there are certain standards and procedures that many personal injury cases follow.
- The plaintiff is been injured by something done by the defendant– This can be any form of a bad act done by the defendant. But this is not so in the case of contractual breaches which are usually taken care of on a different side of the law called contract law.
- It is been determined by the plaintiff that the defendant breached a legal duty- The situation that brought about the injury will determine the depth of the legal duty. Let us take a driver for example, he or she must operate the vehicle they are driving with a certain level of care that a responsible person is meant to do. Doctors also must offer medical service at a certain professional level that should be without hesitation.
- Settlement Talks Occur– In a situation whereby it is very clear that the defendant breached a legal duty, the defendant might decide to settle the matter outside of court. This simply implies that compensation will be agreed upon by both parties to be paid to the injured person and the same time the injured person will promise not to file a lawsuit against the defendant over that injury. If the settlement is being agreed by the plaintiff, the case will come to an end. But if an agreement is not reached, then the plaintiff may file a lawsuit against the defendant and take the case to court. Even as the lawsuit has been filed, settlement negotiations can also continue to see if an agreement can be reached before the case gets to court for a hearing.
How Personal Injury Workers Operate
Personal injury lawyers are the same as civil lawyers. What they focus on majorly are intentional and negligence in tort cases.
A civil lawyer is hired for the main purpose of retrieving money from one party on behalf of another. If a civil action is brought against another, a civil lawyer is called upon to generate a lawsuit.
The help of a personal injury lawyer is usually called upon when there is a misunderstanding that involves the payment of medical expenses for the treatment of an injury.
Every personal injury lawyer when hired will look to negotiate a settlement but will also file a lawsuit if the negotiation does not go through.
There are different kinds of negligence cases that personal injury lawyers handle; some of them involve legal malpractice, car, truck and aviation accidents, wrongful death cases and so on. Negligence is said to be a situation where a person does not handle a piece of equipment or job with extreme care and ends up causing injury to another person.
In Florida, negligence occurs in a motor accident when a person operates a vehicle without care and injures someone in the process.
When it comes to premises liability cases, negligence comes in play when the owner of a premises handles his or her premises carelessly that it results in an injury for someone else, for instance, a slip and fall case.
For medical malpractice, negligence happens when a medical professional does not provide the standard medical care that is needed by a patient.
Lastly, a products liability case comes up when a manufacturer distributes products that are harmful to the health for consumers and it causes defects in them.
Whenever any of the above situations arise in Florida, a personal injury lawyer is called upon to negotiate a settlement or file a lawsuit when necessary.
Lawyers handle cases depending on their area of expertise. Their tasks are similar to those of litigators. They take their time to screen clients and investigate claims to look out for the virtues of the cases at hand.
Evidence is gathered, research is conducted and legal theories are formulated. It is a very tedious task and requires a lot of patience to be carried out properly. This is the main reason why it is difficult to find a very good personal injury lawyer who is ready to go through all the stress necessary to achieved success in the case and receive the required settlement.
TYPES OF PERSONAL INJURY CASES
- Animal bite injuries
- Auto accidents
- Aviation accidents
- Bicycle accidents
- Boating accidents
- Brain injuries
- Burn injuries
- Construction accidents
- Defective products
- Insurance/bad faith claims
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse
- Pedestrian accidents
- Slip and fall accidents
- Spinal cord injuries
- Wrongful death