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No one ever thinks they will need to employ the services of a personal injury attorney. People live their lives knowing that there is a certain of danger to everyday activities, however never expecting to be themselves injured by an unfortunate accident or the careless negligence of someone else?s actions. However what happens when someone is injured by an accident or other reckless act. Imagine the devastation of being incapacitated and unable to work. What would happen to your family, your property, and your way of life? Who would help you and where would you turn?
Thankfully there is an entire field of law that is in place to restore an individual wrongfully harmed to former status, at least in the financial sense. Tort law, which governs the field of personal injury, is a highly technical body of law that requires a very specific knowledge, a knowledge that not every attorney will possess simply by virtue of having attained a Juris Doctor. Instead it requires very real experience both inside and outside the courtroom. If you are in the market for a personal injury lawyer there are several very important factors to keep in mind when making the critical decision of whom to retain as your legal counsel.
The first thing to consider when choosing a personal injury attorney is what role personal injury and tort law play in their practice. This relates back to the aforementioned point of the complexity of personal injury law. Prospective clients should look for an attorney that focuses a large portion of their practice toward personal injury law. This doesn?t mean that the attorney can?t practice any other area of law, but it does mean that they should be well versed in the area of tort law. You would not want a tax or estates and trusts attorney dealing with a injury case. They are completely different types of attorneys. It is very similar to how different doctors are specialists in varying fields. You wouldn?t hire an ear, nose, and throat doctor to fix a hernia, right? The same rule applies to practitioners of the legal profession.
Next, consider the general amount of experience that an attorney has practicing. Not to discount the abilities of a freshly minted J.D. with a shiny, new bar passage, but when it comes to choosing competent legal counsel the general rule is that the more experience they have they better they will be able to represent their clients. The better they are able to represent their clients, the more likely it will be that their clients? matters or controversies are resolved in a manner that is agreeable to them. If it is an attorney with a diversified practice then potential clients ought to inquire about how much experience they have with personal injury cases. A veteran real estate attorney who has twenty years of practice under their belt, but who has only handled a handful of injury cases is arguably a worse choice than one who has practiced for only five years but works exclusively in personal injury matters.
In addition to knowing what to look for in an attorney, it is important to know some basic legal terminology as it pertains to injury law. As has already been discussed, tort law is the field of law that governs personal injury. Additional important terminology includes:
Plaintiff ? A plaintiff is someone who brings a case against someone else.
Defendant ? A defendant is the person or part against whom a case is brought.
Ruling ? A ruling is the judgment in a civil case, which a personal injury action is.
Summary Judgment ? This is when a judge makes a ruling without a case going to trial.
Settlement ? This is when a matter is resolved by the two parties without a trial.
Understanding these terms, along with the other information provided here, are key when retaining a personal injury lawyer.
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