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.
An accident lawyer specializes on tort law, which deals with the civil wrongdoings 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, such that tort law aims to make the injured party whole again, as well as discourage others from committing the same offense.
In legal terms, a plaintiff refers to the person who suffers harm or loss from an unfair wrongdoing, while a tortfeasor is the person who commits the act of wrongdoing.
Any of these cases are categorized under personal injury case: 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.
Accident lawyers assist a plaintiff through legal representation in court to claim compensation for the plaintiff for his/her losses due to injury, which are 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. Because of the case loads and deadlines which need to be met by an accident lawyer, aside from the complexity of a personal injury case, an accident lawyer will usually choose to specialize on a specific case, such as malpractice, auto accidents, and others, instead of specializing on the entire tort law practice.
To be an accident lawyer, he/she actually 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.
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