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subject: What Is Personal Injury Law? [print this page]


What Is Personal Injury Law?

Before contacting a personal injury attorney to be your legal advocate, an understanding of this area of law may be helpful. There are two terms that help form the foundation of civil law. They are:

Duty of care This term refers to the duty of a person or business to act toward others and the public with vigilance, caution, and prudence. Someone whose actions breach the duty of care is considered negligent, and may be sued for resulting damages.

Negligence Refers to the failure to exercise the care toward others that a reasonable or prudent person would use in the same circumstances, or taking action that such a reasonable person would not, resulting in unintentional harm to another.

Personal injury cases can develop in just about all aspects of ones life. The most prominent and important cases include traffic crashes, medical malpractice and worker injuries. There are many factors a lawyer must consider. First, there is what his or her client is going through. At the very minimum, there are current and future medical expenses to consider; current and future lost wages; and the possibility of permanent disability. From there, there may be still more grievances to account for, including pain and suffering (post traumatic stress disorder, etc.) and quality of life issues such as loss of consortium.

Loss of consortium This is a type of legal claim made by a spouse when the other spouse has been injured to a point of being unable to provide the benefits of a family relationship, including intimacy, affection, company, and sexual relations.

For all civil cases, a lawyer must know about any and all relevant laws that may have changed, including codes and ordinances in a specific town. This is in conjunction with county and state laws. The best way to choose which injury law firm will be best for you is to speak with them in person. No reputable lawyer will predict an outcome if you are seeking damages for an accident in which another party was liable. However, most attorneys are interested in your business, so in an effort to encourage contact, most will provide a complimentary review of your details. If nothing else, you will get an honest assessment of what he or she thinks of your situation. They may advise claimants to either drop their case or pursue one. The lawyer may also offer to take the case.

by: Leonard Simmons




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