How Can an Injury Lawyer Help?
For many people, filing a legal claim against another person or entity is a new experience. Since statistics show that you will most likely be involved in a motor vehicle accident four times in your life, sooner or later you will need legal assistance. Let’s explore the different facets of what an injury lawyer does, their training and the types of cases they handle.
What Is Personal Injury Law?
Personal injury law is an umbrella term for several different areas where a person is harmed by another individual or entity. The basis of these claims is negligence where careless behavior causes injury. The negligence cited by an injury lawyer must cause harm that imposes financial damages on the injured party. The damages are compensated, and by doing this, the plaintiff or injured party is made whole once again.
Situations That Can Lead to a Personal Injury Lawsuit
The following are injuries/incidents that can precipitate a personal injury lawsuit:
- Accidents: Several types of accidents are included in this category. For instance, a traffic collision, medical malpractice or a slip and fall are all examples of causes of personal injury lawsuits. Despite their differences, the bottom line is that careless or reckless activity results in personal harm to another.
- Defective products: This type of accident originates from defects in an auto component, pharmaceutical or medical device or other sorts of consumer products. The harm that is caused is linked to the manufacturer, designer or seller of the product. It can also be caused by a lack of warnings concerning product dangers. This type of claim is called a product liability lawsuit and can result in a substantial settlement.
- Intentional acts: This category includes acts against another person that causes physical harm. It may be assault and battery or murder. In the latter case, the family of the deceased would file a wrongful death claim against the perpetrator. The criminal case against the defendant can be used as evidence in this category, and it does not matter if the perpetrator is convicted or not. For instance, in the O.J. Simpson case, he was not convicted of murder, but a successful personal injury case was filed against him by the parents of the deceased.
Training an Injury Lawyer Receives
An injury lawyer must graduate from an accredited law school and pass an extensive test called the bar. Once this happens, the lawyer may work for an established law firm or a non-profit organization. It is here that they will receive hands-on training. The injury lawyer will become proficient in state law, medical aspects of legal cases and other applications of personal injury law. He or she will also develop skills aimed at working successfully with clients and being aware of the way the injury affects them. In time, the lawyer may open their own firm.
Essential Elements of a Personal Injury Lawsuit
The following are elements that must be satisfied so that an injury case can proceed in civil court:
- Harm: The defendant (the at-fault party) must do something that causes harm to the plaintiff. It can be an accidental or intentional act. The lawyer explores how the accident happened and determines if liability is present.
- Legal duty: An injury lawyer must show that the defendant had a legal duty to the plaintiff and broke it. An example of this would be a motorist’s duty to drive in a safe manner. If the motorist is reckless or careless while driving, they have broken their legal duty to everyone else on the road.
- Negotiations: If it is proven that the defendant had a legal duty to the plaintiff, broke it, and in doing so, harmed the plaintiff, you have the basis of a personal injury lawsuit. Early on, negotiations between the plaintiff and the defendant’s insurance company take place. The injury lawyer will represent the plaintiff during the negotiations.
- Civil court: If the negotiations are unsuccessful, an injury lawyer may take the case to civil court. The court or jury will decide if the defendant was liable and award the plaintiff damages. The amount of damages depends on the skill of the injury lawyer’s presentation and calculated compensation.
Morris Law in the Myrtle Beach Area
Morris Law is available in the Myrtle Beach area to help clients involved in a personal injury case. Call (843) 232-0944 or reach out to us online to schedule a free case review. We can examine your case, answer your questions and give you your options moving forward. Remember, we do not charge you until you have won your case.