Understanding the Work of Accident Attorneys
An accident lawyer, which is also known by other terms as a personal injury lawyer, plaintiff lawyer or trial lawyer, is a kind of civil litigator who legally represents someone who had allegedly experienced a physical or psychological injury as a result of the negligence or careless acts of another person or entity.
It is the specialized field of tort law, which an accident lawyer is concentrating into, which is all about state laws governing private or civil wrongdoings or injuries that have unfairly caused someone to suffer harm or loss resulting in legal liability for the other person who is responsible for committing the wrongdoing, and that the aim of a tort law is to make the injured party whole again, as well as discourage others from committing the same offense.
In legal terms, the person who suffers harm or loss from an unfair wrongdoing is termed as plaintiff, while the person who commits the act is called a tortfeasor.
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Personal injury cases can be any case or claim which involves an injury to either the body or the mind, such as the following: animal bite injuries, auto accidents, aviation accidents, bicycle accidents, boating accidents, brain injuries, burn injuries, construction accidents, defective products, using insurance in bad faith, medical malpractice, motorcycle accidents, nursing home abuse, pedestrian accidents, slip and fall accidents, spinal cord injuries, wrongful death.
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It is the legal duty of an accident lawyer to legally represent a plaintiff in court for the purpose of helping the plaintiff receive justifiable compensation for his/her losses due to injury, such as loss of earnings due to the inability to work, pain and suffering, reasonable medical expenses from present and expected, emotional distress, loss of consortium or companionship, including the legal costs and attorney’s fees. Aside from this, the accident lawyer also has the duty to safeguard the plaintiff from being victimized by insurance companies and the legalistic system which supports more on the insurance companies.
An accident lawyer handles a personal injury case from the inception point which includes the following typical tasks: investigating claims; screening the potential client and the merits of the case; gathering evidences, formulating legal theories, researching similar case laws; drafting pleadings, motions, and discovery; interviewing and deposing witnesses; preparing for trial; advocating at trial; and, finally, counselling the client. Due to the demand of each case and deadlines to meet and the complexity of a personal injury case, some lawyers would rather specialize on a type of case, for example medical malpractice, auto accidents, and others, instead of specializing on the entire tort law practice.
An accident lawyer follows the same path of training and education as any other lawyer, which is to earn a law degree and pass a written bar examination, but because he/she is specializing in tort law, he/she must become a certified specialist in civil trial advocacy completing a specialty certification program accredited by the National Board of Legal Specialty Certification, a non-profit organization accredited by the American Bar Association.