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.
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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.
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The purpose of the legal representation of an accident lawyer to a plaintiff is to help the plaintiff receive justifiable compensation for his/her losses due to injury, such as 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. On top of the mentioned duty, the accident lawyer also safeguard the plaintiff from being victimized by insurance companies and from the legalistic system which puts the insurance companies more to their advantage.
The procedural steps of which an accident lawyer handles a personal case actually starts at the inception point of investigating the claim and screening the prospective client and the merits of the case, to which when the lawyer decides to take the job, he/she performs the typical tasks, such as 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. Due to the demand of each case and deadlines to meet and the complexity of a personal injury case, some lawyers would rather specialize on a type of case, for example medical malpractice, auto accidents, and others, instead of specializing on the entire tort law practice.
An accident lawyer 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.