A personal injury lawyer is a civil litigator who provides legal representation to an individual who has experienced physical or psychological injuries because of negligent or intentional acts by another person, entity, company, organization, or government. Personal injury lawyers practice in the legal branch of tort law. This branch of law addresses a wrong done to a person, and its original intent was to provide compensation for proved harmful acts.
You can divide tort law into the following 3 categories;
- Negligent torts
- Intentional torts
- Strict liability torts
Negligent Torts
This is the most common type of tort. These cases happen when an individual acts carelessly. For example, a janitor must ensure he puts up a wet floor sign after mopping. Failure to do so may cause an injury to someone. Other examples include motor vehicle accidents, bicycle accidents, and medical malpractice.
Intentional Torts
This is when an individual intentionally engages in actions that could cause injury or damage to someone else. For example, when someone throws the first punch in a fight. Other examples include defamation, battery, and false imprisonment.
Strict Liability Torts
In these types of cases, a court can place responsibility on an individual without having proof of negligence. For example, a company may release a product that was defective, and an individual gets injured because of the product. In this case, the company is held liable.
Personal Injuries
Some common cases that personal lawyers take on are:
- Birth injuries
- Brain injuries
- Catastrophic accidents
- Dog bites
- Long term disability
- Medical malpractice
- Motor car accidents
- Slip and falls
- Soft tissues injuries
- Work-related injuries
- Wrongful deaths
Benefits of Having A Personal Injury Lawyer
According to lawyers in Toronto, having the right personal injury lawyer can have a big impact on how your case is handled and the potential compensation that you could receive. A personal injury lawyer will help you with a professional investigation and increase your chances of receiving the best outcome. In most cases, you may not even go to court as the matter could settle out of court.
Some specific actions performed by a personal injury lawyer may depend on the type of the case, the specialty area of your case, and where they are in the process of your case. A few of the activities that personal injury lawyers may perform to ensure success in your case are highlighted below.
Investigating Claims
Personal injury lawyers generally work on a contingency fee basis and attorney fees are only charged after jury verdict or settlement. Because they often finance cases, the clients’ cases are thoroughly screened and evaluated for merits of the case. A personal injury lawyer may not take on a case that they believe is not winnable.
Gathering Evidence
In this phase, the personal injury lawyer will gather evidence to support your case. This may involve procuring incident reports from the police, tracking down witnesses to gather their statements, and obtain the services of a photographer to take pictures of the accident. Evidence may also include bills, employment documents, medical reports, and property damage reports.
Negotiating with Insurance Companies
Personal injury lawyers will handle all communications and negotiate on your behalf with insurance companies. They will review policy details for the fine prints and determine maximum compensation payouts.
Sending Demand Letters
After vetting your claims, personal injury lawyers will send demand letters to the insurance companies stating the facts of the accidents. They will demand the amounts for damages that the defendant caused.
Preparing Pleadings
Personal injury lawyers will prepare a complaint against the defendant if insurance companies refuse to offer a fair settlement. The complaint will also state the amount of the damages the client is seeking.
Conducting Discovery
The personal injury lawyer may also initiate a discovery process of the defendant requesting certain information.
Representing You at Trials
If your case goes to trial, a personal injury lawyer will represent you as they are familiar with court procedures and customs.
The Ruling
Whether it be intentional or unintentional, accidents happen all the time and we have no control over them. However, what we have is a legal system in place to ensure that justice is served. Engaging with a personal injury lawyer could make the difference between winning or losing a case and determining the amount of compensation that you could receive.