Personal injury law is the area of the practice of law that defends the rights, well-being and property of those who are injured by another person or responsible entity. In many cases an injured party has little recourse for recompense due to others reluctance to step up to the plate and assume responsibility.
This is why a well qualified personal injury attorney can step in and use the law to rightly compensate the injured party in order to take care of his or her needs.
The personal injury lawyer will have established himself or herself as an expert in this area of the law, and will, for the most part, not practice law in any other areas due to the fact that this takes lots of time and concentration in order to be successful. Also, if you can niche down even farther than that is better too. One instance would be if you are in New Jersey and you need help with a medical malpractice case then seek help from a new jersey medical malpractice lawyer. Don’t just settle for a general personal injury lawyer.
The mainstay of success in this field of law is the proper investigation and research, as there are usually many facts that have to be uncovered and brought into the arena of clarity as to who was really responsible for the cause of the accident.
The investigative portion of the process is so crucial, that in most cases the attorney will be using a private investigator to uncover the salient facts of the case.
In any accident, there is a chain of events that places the involved parties at certain places at certain times before, during and after the accident occurs. By recreating the scene and by using this timeline, it is possible to assign responsibility by proximity to persons who are nearby, or to those that should have been nearby.
Many accidents are caused by someone not paying attention, being distracted, or just not caring when they should have been responsible. Once responsibility is established, and can be proven, then the lawyer has a case that can be pushed forward.
The injured party will most likely have considerable medical bills, loss of work time, and thus income, rehabilitation expenses, and ongoing therapy. Plus the fact that the victim might be entitled to compensation for pain and suffering over and above expenses, makes the crux of the lawsuit all about money.
Most lawyers work on a contingency basis when it has to do with injury lawsuits, so if the case is not won, the lawyer gets very little to no fee. Therefore, a case will not usually be taken by an attorney unless he or she believes it can be won.
The defendant will be represented by attorneys from his insurance company, so in many instances there is a well fought tug of war between the prosecuting attorney and the defendant’s attorneys.
Even though there is the threat of a lawsuit, these cases rarely end up in court. If the prosecuting attorney can present a well documented case proving the responsibility of the defendant, there will be an out of court settlement, simply to save on court costs and time.
Without the legal help of a personal injury lawyer, most injured parties unfortunately would not fare very well from a financial standpoint.