A personal injury attorney is a legal professional who offers legal representation to those who claim to be injured, mentally or physically, as the result of the negligence of an individual, organization, business or government agency. These types of attorneys specialize in a specific area of the law called tort law. Tort law is the body of law that permits the injured party to be compensated for injuries. In order to understand the nuances of this form of law, it is important to gain a general understanding of the workings of civil and criminal courts. Unlike the criminal justice system, civil courts tend to rely on evidence to reach verdicts. Personal injury attorneys are adept at finding and proving this evidence in support of their client’s claims.
The most common scenario in which an attorney’s skills will be needed is following a lawsuit, injury claim or case. When this happens, it is common for the attorney to be called upon to give expert testimony about the potential viability of a settlement. Expert witnesses are individuals who can testify about the injuries, damages or other results resulting from negligence. Most personal injury attorney will have a collection of expert witnesses on hand, but certain circumstances may call for the need to supplement this witness list with additional experts.
One instance in which an attorney’s skills are needed is when personal injury attorney in orlando is asked to represent an individual who has been harmed as a result of another individual’s, business or government’s negligence. For example, if a person is suing another individual or business because the individual’s company neglected to properly maintain its equipment or did not maintain equipment that was in good condition, the owner of the equipment could be sued for negligence. If the plaintiff prevails in the suit, the plaintiff will receive monetary damages for both physical and mental suffering, medical expenses and so on. In order for this type of suit to be successful, it must establish that the defendant’s negligence caused the victim to suffer a significant amount of damages.
Another situation in which expert testimony may be needed involves cases where an insurance company does not want to settle a case out of court. Sometimes insurance companies will settle a case without going to trial simply to avoid the expense of a lengthy legal battle. However, insurance company negligence can also cause personal injury attorneys to petition for settlements out of court in instances where the insurance company does not want to be obligated to make a settlement. Many times, insurance company directors will resist paying a large settlement if they believe the case has little chance of winning, although this resistance can be quickly overcome if the right personal injury lawyer knows how to build a strong case.
Personal injury attorneys are usually employed by law firms that have a large number of clients who require representation in a variety of personal law matters. A large number of personal law cases involve insurance companies, and many insurance companies will not admit to any wrongdoing unless there is documentary evidence that the corporation acted unreasonably or committed a violation of federal or state law. Documentary evidence is often crucial to determining liability, and attorneys working for these companies will aggressively pursue settlements that result in the maximum amount of compensation possible. Sometimes, settlements that are too small could have an adverse effect on a client’s ability to file a lawsuit later on. For these reasons, attorneys will often work on a contingency fee basis, which means that the attorney will only receive a percentage of the potential settlement when the case is resolved.
The emotional toll that traumatic injuries and medical bills take on a client cannot be ignored. Although the financial benefits of taking care of your injuries and mounting medical bills while you recover are important, the emotional toll these situations take on a person can sometimes be even more detrimental. Personal injury attorneys have the skills and knowledge necessary to assess a client’s financial situation and determine if it would be beneficial to negotiate a settlement out of court. Because an experienced attorney may be able to use his or her negotiating skills to get the settlement that the client is seeking, it may prove to be a better option to try to avoid litigation by seeking the advice of an attorney first.