Job Of a Personal Injury Attorney
A Personal injury attorney is a lawyer who specializes in representing plaintiffs in claims against defendants who caused them harm by their negligent actions. Personal injuries can be traumatic, physically and emotionally devastating to the victims. They can result in costly medical bills, lost wages and diminished quality of life. An experienced personal injury attorney will guide you through the process of proving your case and getting compensated for all your losses.
In general, the legal elements of a personal injury claim are negligence, causation, and damages. Negligence is the legal basis for your claim, and it is defined as failing to act with a reasonable level of care under the circumstances. It can include actions such as failing to check a road before driving, speeding when it is unsafe, or shooting a gun carelessly. Causation is the link between the accident and your injury, which must be proved by showing that the defendant’s negligence directly harmed you. Damages are the amount of money that can be paid to compensate you for your losses, including medical expenses and lost income, pain and suffering, emotional distress, and property damage.
Once your attorney has a complete understanding of the facts and circumstances of your case, they will perform a detailed liability analysis. This typically involves reviewing applicable statutes, court decisions, and case law. A personal injury attorney may also seek out additional sources of information, such as witness statements and police reports. They will use this information to identify all possible defendants.
They will then file a formal complaint on your behalf with the appropriate court. The complaint outlines the facts of your accident and the relief that you are seeking, such as monetary compensation for your injuries. Your lawyer will also draft pleadings, which are the initial documents that begin the discovery process. During this time, the opposing party will request evidence such as written records and physical evidence. Your lawyer will also prepare for trial by arranging expert witnesses and obtaining medical records that support your claim.
Often, your injuries will prevent you from working for an extended period of time. A personal injury attorney will work with your employer to get you the appropriate compensation for missed paychecks. They will use your pay stubs and other relevant documentation to establish the amount of lost income.
They will work with the right physicians who can not only treat you, but will be good witnesses at your trial, if necessary. They will also help you identify any other parties that might be liable for your claim. For example, in a medical malpractice claim, your attorney will determine if the clinic that employed your treating physician is liable for their actions under the law of vicarious liability. In this way, they can hold the employer responsible for the torts committed by their employees during the performance of their jobs. This applies to governmental agencies and employers of private companies.
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Hale Law
2803 Fruitville Road Suite 240
Sarasota, Florida 34237
850-810-1795
Florida personal injury lawyer will handle all aspects of your case with precision and care, allowing you to focus on healing and moving forward with confidence. Let them alleviate your legal burdens so that you can reclaim control over your future.