What Does A Personal Injury Attorney Do?
Personal injury attorneys specialize in helping clients who have suffered a physical
, emotional, or mental harm and believe that another party is responsible for that injury. Although most commonly associated with car accident cases, personal injury attorneys also handle slip and fall cases, defective products, assault injuries, and work and home accidents. Some personal injury lawyers also handle workers compensation cases, asbestos litigation, and even hospital and medical malpractice suits because the burden of proof in those suits is similar.Under the law, the plaintiff in a personal injury suit may recover monetary compensation when they are hurt if they can prove that the defendant is liable for it. The standards for liability differ from state to state, but generally a person suing is required to prove that the defendant's action or inaction was the primary cause of the plaintiff's harm. To prevail in a lawsuit, the plaintiff must prove that the defendant's negligent or malignant actions are the proximate cause of the plaintiff's injury and that the defendant had a legal duty to act more responsibly. For instance, in a car accident suit, the plaintiff is required to prove that the defendant's behavior caused the accident and that the plaintiff was injured as a result of the car crash.
A personal injury attorney also helps clients determine which injuries are compensable. In this type of lawsuit, legally referred to as a tort, the plaintiff may be able to recover monetary compensation for the physical harm, pain and suffering, loss wages, and medical bills. These types of damages are referred to as actual damages, meaning that the defendant must pay to make the plaintiff whole. In certain cases, the plaintiff may also be entitled to punitive damages also. Punitive damages are designed to punish the defendant for egregious behavior and to deter future defendants from engaging in the same behavior. Punitive damages are usually awarded in defective product lawsuits. For example, in the mid 1970's a car manufacturer was forced to pay punitive damages after selling cars that the company knew were defective. The case hinged on a company memo that determined it would be cheaper to pay off lawsuits rather than to fix the defective braking system. The plaintiffs in that case were awarded millions of dollars in punitive damages because the defendants had prior knowledge of the defect, but failed to inform the plaintiffs of the defects at the time of the sale.
Personal injury attorneys help clients determine when a lawsuit is appropriate and what types of damages a plaintiff may be entitled to recover.
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