Home Speak to a lawyer Meet a lawyer Flat fee services About Blog Careers Contact Us Terms & Conditions Privacy Policy Legal Topics
Blog
Recent Post

Get Legato App on your mobile.

Personal Injury Lawyers
  • By: admin
  • Date: 12 Feb 2020
  • Personal Injury
  • Comments:
  • Views:123
  • Likes:

A lawyer who provides any legal services to a person who claims to have injured, physically or mentally, as a result of the negligence of another person, any entity or company is known as a personal injury lawyer. Personal injury lawyers are specialized in the law of torts. The Law of tort covers Civil as well as criminal wrongs or injuries, which includes defamation, assault, battery, breach of faith, etc.

Personal injury lawyers help the petitioner to receive compensation over their losses, pain and suffering, loss of earnings, reasonable medical expenses both present and expected, emotional distress, loss of companionship and legal cost. They help the clients to safeguard from being mistreated by the person who acts careless or negligent.

What Does a Personal Injury Lawyers do?

The lawyers who are specialized in this area handle the case from beginning through the process of appeal. They play an important role in the investigation of claims to evaluate the merits of the case. They gather evidence, research case laws and formulate legal theories. They do the work of drafting pleadings, filing them, drafting motions, interviewing and deposing witnesses, producing evidence, etc. They also do the work of counselling their client and deals with the obstacles of the legal system.

Personal injury attorneys often juggle large caseloads. They have to work on tight deadlines and to deal with the demands of the clients. However, the most rewarding aspect of personal injury practice is helping injured victims and their families to get justice.

Professional and Personal Skills

The lawyers who decide to hang a grit out on their own rather than sign on as an associate with an existing firm shall have a capacity for handling stress and pressure.

The lawyers represent their clients on an emergency basis. Some lawyers decide their fees according to the percentage of the plaintiff's eventual compensation when the case gets solved. That means the plaintiff does not pay a fee unless and until the lawyer recovers money on his/her behalf.

The clients usually prefer an experienced personal injury lawyer who deals with insurance companies, medical malpractices matters, accident matters, etc. They prefer to choose a personal injury lawyer with a proven track record of handling matter successfully.

Although the personal injury claims are settled out of court, the lawyers obtain the settlements that are favourable by approaching to take cases to trial. Sometimes, the defendants willingly pay more money to the plaintiffs to avoid negative publicity, expensive trials and out of the fear that the court can award more amount as a penalty.

Examples of certain types of Personal Injury Cases:

Animal bite injuries:

In the case of animal bites, the owners of the animal are responsible financially for bites and other injuries caused by them. The laws for the responsible owner varies from state to state.

Accidents:

Accidents are the most personal injury cases happening in day to day life. The accident takes place usually when the rules of driving are not followed or due to negligence. The person driving (if proved to be negligent) can be held financially responsible for the injuries and the hospital bills of the injured person.

Medical Malpractices:

Medical malpractices occur when a doctor or nurses fail to provide competent and reasonably skilled care.

Slip and fall accidents

Slip and fall cases are a prevalent type of personal injury case. For example, the owner of the property has a legal duty to keep the premises free of hazards and safe, so that the people on the property do not become injured.

Defamation

Defamation refers to the fact that a person suffers an injury to his/her reputation by the untrue and misleading statement. The specific fact of what the plaintiff must prove will vary depending upon who the plaintiff is and the forum where the case is filed. The personal injury lawyers need to prove that the defendant made an untrue negative statement, and the plaintiff has to suffer from the same. Celebrities or public figures usually need to prove "actual malice." They need to prove the untrue statement was made intentionally to harm the feelings of the plaintiff.

The other types of personal injury cases that are handled by lawyers also include insurance cases, nursing home abuse cases, assault and battery, wrongful death, intentional torts, etc.

Read More

Overview of Assault and Battery

By: admin Personal Injury 19 Apr 2019

We have heard the phrase ‘Assault' and ‘Battery' several times in our day to day life. The terms are two different legal concepts with discrete elements. Some states split them up while others and combine the offences. 

In some states, an assault/battery is said to be committed when one person:
  1. tries to or does physically strike another, or
  2. acts in a threatening manner to put another in fear of immediate harm. 

Assaults and Batteries can also be pursued with the civil lawsuits (with opposition to criminal prosecution). In short, an assault is a threat or attempt to injure the other individual, while the battery is the act which makes contact with another person in a harmful or offensive manner. Generally, assault and battery is the combination of two violent crimes, assault – the threat of violence and battery – physical abuse.

The distinction between Assault and Battery: 

The main contrast between the two offences is the existence or nonexistence of touching to the other person. Whereas contact is a primary element of battery, there must be a lack of contact for assault. Sometimes assault is defined to include a battery.

Assault and Battery are offences in both criminal and tort law. Therefore they give rise to both civil and criminal liability. The contact is not specified for an offence of assault; a conviction for an assault requires a criminal act. The types of law that fall into the category of assault can vary extensively, but typically an assault requires a direct action that would put the reasonable person in fear for their safety. Spoken words alone will not be enough for an act to create an assault unless the offender lines them up with an act or actions that put the victim in fear of imminent harm.

In order to commit an assault, an individual need only have "general intent. It means that even if an individual can't accidentally assault another person, it is enough to show that an offender intended the movements which resulted in an assault. That means if an individual acts in a way that deems dangerous to another person, then it is an assault. Even if the person didn't intend particular harm to an individual, moreover, not designed to scare or frighten another person can be enough to establish assault charges, as well.

Jurisdiction of Assault and Battery:

In certain jurisdictions, assault and battery both are paired together as one offence. The reason for pairing assault and battery is when an individual commits battery he/she usually has the intent to harm, or threaten the person before doing the act. There will also be various degrees of assault which includes first degree, second degree, and third degree. Each degree describes how serious the crime is or maybe. 

In other state jurisdictions, assault is defined in extended terms as any intentional physical contact takes place with an individual without his/her consent. While in other states, the definition of assault includes the description of a battery of other State.  The degree of assault defines the range of punishment to be administered for the crime. 

Read More
Comments:
Views: 420
Likes: