The Tort Law What to Expect from a Personal Injury Attorney
A tort or personal injury is defined as “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.”
In other words, if a third-party, albeit an individual, government organization, or corporate entity, is responsible for causing an injury to another person, whether intentionally or unintentionally, the civil court of the USA may hold the third-party liable.
In essence, the court recognizes the injury as a civil wrongdoing. And, it will more than likely instruct the responsible party to pay restitution in the form of a financial settlement.
There is another scenario where financial restitution is not sought by the plaintiff, preferably a request is made to the court for an injunction to stop the defendant from continuing with specific actions that will cause irreparable harm is allowed to continue unchecked.
The expectations of a tort lawyer
Now that we understand what a personal injury is, let’s look at what the standard expectations of the best injury attorney Las Vegas are.
Knowledge and experience
A successful personal injury lawyer needs to be admitted to the bar. Additionally, they must have an intimate knowledge of the tort law. The fact of the matter is that not all injuries that occur can be ascribed to a third-party.
In other words, if you slipped and fell on a wet floor in a shopping mall, it is not automatically assumed that the shopping mall’s owner is liable for the injury. What happens if the cleaners had all the appropriate signage out indicating that the floors were wet, and you did not notice the signs? You are, in fact, responsible for the injuries caused by slipping and falling on the slippery floor.
Most personal injury claims do not go to trial. They are settled out of court before the papers are filed. In summary, the process is as follows:
- A client approaches an attorney to discuss their matter.
- The attorney decides to take on the matter and starts the personal injury claim procedure.
- Medical reports and other relevant documents are gathered.
- The attorney approaches the defendant’s attorney in an attempt to negotiate a settlement.
- If this is not successful, the claim is filed in the civil court.
- The third-part lawyer might want to negotiate a settlement at his stage.
- If not, the matter will go to trial.
At any point during this process, unless it is a medical malpractice lawsuit, the attorney should attempt to negotiate with the defendant’s attorneys. While the settlement will more than likely be less than if the matter when to trial, the cost of taking the matter to trial is exorbitant. Therefore, it is far better to attempt to negotiate a settlement than take it to trial.
Show empathy and understanding
Most accidents caused by third-party negligence result in some form of emotional trauma like best injury attorney Las Vegas (PTSD). Thus, a personal injury lawyer needs to show empathy, care, and understanding of the situation while behaving professionally.