This content written for Willhoite Law, PLLC.
Have you suffered personal injury? Personal injury happens when a person is harmed or injured due to the fault of another person or organization, mostly due to negligence or through other means. This kind of injury is not merely confined to those people who suffered physical injury. It also includes those people upon whom injuries are inflicted upon them psychologically. Example of a personal injury is when a person is involved in a vehicular accident. Also, when someone is spreading malicious and derogatory remarks against a person and that person suffered emotional distress because of it.
There are different kinds of injuries which can be considered as personal injury. Among those are the ones I just stated above. If someone suffers physical injury, the party at fault should be held liable for it. The victim has the right to claim for damages. He has to be indemnified for the loss or injury inflicted upon him by the party at fault. He has to be compensated by reason of his injury.
A personal injury attorney is someone who deals with cases that involves tort law. Once a victim would seek the help of a lawyer, the latter has the duty to ensure that the person who committed the tort would answer for the wrong done. However, such a duty of a lawyer is not easy. He has to evaluate as to whether or not the case is strong enough to get a favorable result. To do that, he has to allocate enough time to study for the said case and make sure that he’s not missing anything that may be helpful to the case.
The party at fault must answer for his liability. However, some people or organizations who were at fault would refuse to perform their obligation. They would deny that they are responsible for the injury suffered by the victim. Some would insist that it’s not their fault at all. This kind of situation would prompt the victim to file a lawsuit against the party at fault. The victim would seek the legal assistance of a personal injury attorney.
There are also instances that a personal injury case can be settled even without the help of a lawyer. One instance is when both parties are willing to come to an agreement as to the amount that the party at fault needs to compensate. Aside from the person at fault, the insurance company also has the obligation to indemnify the victim for the injury he has suffered as a result of the incident. A victim sometimes seeks the help of a lawyer to protect himself from insurance adjusters who may offer him an amount that is a lot lower than what he deserves. In serious cases and in cases where both parties would fail to settle the case amicably, a victim usually would seek the help of a personal injury lawyer to protect himself.
A personal injury attorney plays a vital role in personal injury cases, especially is serious ones. He ensures that proper indemnification must be received. He makes sure that the victim or his client is well-protected. A layman is not very familiar with the laws and how to protect himself. He is not sure what to do exactly. That’s why some victim would usually seek the aid of a lawyer because they probably fear that they might lose the case if they won’t.
A personal injury lawyer can’t just file a lawsuit and expect it to win by merely relying on his client’s statement. He needs to do his own investigation. He may talk to some people who had witnessed the incident. Or he may talk to his client’s attending physician regarding the injury and any related information. If possible, he may go to the place where the accident had occurred. He needs to do all these and more for the welfare of his client.
Most personal injury cases are settled out of court. If it is settled out court, it can save money, time, energy and it would be less stressful for both parties. There are also, some instances wherein the victim may opt not to seek legal assistance anymore, especially when the victim only suffered slight or mild injury. But in serious injuries, most victims would still seek legal help of a lawyer. The purpose of seeking the help of a lawyer is to safeguard the rights of the victim and to ensure that the latter is well-compensated.
A personal injury attorney has the duty to study the case and search for a jurisprudence that is related and applicable to the case he’s handling. The lawyer has to gather and present as many material and solid evidences as possible in order to strengthen the case. He must establish that the party at fault is indeed liable for the injury. He must ensure that justice must be served to his client.
A lawyer has to be candid to his client regarding the strength of the latter’s case. He will discuss the possible duration of the case (granting it would go to trial). He will find ways to help his client win the case. Even if the case won’t go to trial, seeking a lawyer’s help can still be beneficial in filing claims for personal injury cases. Without a personal injury lawyer, the victim won’t be able to clearly understand the extent of his right as a victim. It would be difficult to determine the estimated amount that he may receive as compensation.
Whether the case would go to trial or not, a legal assistance is very significant to a client’s case. Having a personal injury lawyer would give a client a better chance of obtaining a favorable outcome. All a client need is to find a lawyer who is experienced and good at handling personal injury cases. If a client wants to be indemnified and get the justice that he prayed for, he must seek the help of a personal injury attorney.