Accidents happen out of the blue and they leave a trail of destruction in their wake. Injured victims and their families face enormous physical, financial and emotional burdens that they may find impossible to bear. What makes accidents even more tragic is that many are preventable and avoidable. Most of them are caused by someone's fault or negligence.
Typical accidents range from motor-vehicle collisions, transportation accidents, accidents in public and private spaces, slip and fall accidents, those caused by defective products, wrongful death, animal attacks to bad faith insurance and accidents caused by neglect, abuse or carelessness. Most countries' legal systems offer injured victims the right to seek compensation from those responsible for the accident.
This area under civil or tort law is covered by “personal injury law.” Unlike criminal law, where the state is the prosecutor, in civil cases the dispute is to be settled between two parties either with the help of mediation, mutually and outside the court system, or under the aegis of a trial.
Who is a Personal Injury Lawyer?
When injured victims and their families seek compensation from those responsible for the accident, a qualified, experienced and knowledgeable personal injury attorney Miami can help them in several important ways.
Personal injury lawyers or “plaintiff's/trial lawyers” are civil litigators who assist those injured physically or emotionally to get compensation for injuries that were caused by another's fault or negligence. The aim of a personal injury suit is three-fold. It seeks to make the injured person “whole” again as much as possible, to punish the wrong-doer and finally to deter others from committing such an offense.
What Do Personal Injury Lawyers/Law-Firms Do?
In general, the compensation amount is negotiated by both parties (and their representatives) and it is the at-fault party's insurer who makes the settlement payment. Most cases are settled out-of-court, but if talks prove unfruitful, personal injury lawyers represent their clients in court.
The main areas where compensation can be claimed are:
- Loss of income/wages/earning-capacity
- Medical/rehabilitation expenses
- Pain and suffering
You may be eligible under further categories based on the circumstances of your case, nature/extent of injuries etc.
A personal injury lawyer/law-firm can assist injured victims in:
- Evaluation of the merits of claim
- Damages determination
- Advice, Assistance, Advocacy
- Dealing with paperwork
- Ensuring compliance with statute-of-limitations, jurisdictions, venue, etc
- Filing of suit
- Negotiations/communications with at-fault party/representatives
- Protecting victim's rights/interests
- Settlement finalization
- Representation in court
There are several complex medical, legal and insurance issues involved. Personal injury lawyers tend to specialize in certain areas; hence a Miami car accident lawyer would handle such cases exclusively, whereas another Miami personal injury attorney specializes in handling dog bite cases. It's important to select the right one.
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