If you have been injured psychologically or physically due to someone else?s negligence or wrongdoing, then you are entitled to bring a lawsuit on the person, group, or company who you deem to be responsible. Even if what occurred was a complete accident, it is still possible to sue for damages. Make sure that you do your research and contact an experienced, competent attorney to assist you with the case. A back injury attorney can help you through every step of your case if you have harmed your back and can prove that the other party was at fault.
What is Personal Injury Law?
Personal injury law is an area of law which deals with torts, or wrongdoing towards another person or group. It deals with the issue of whether or not the defendant exercised reasonable care in preventing harm from occurring due to his or her actions, or if this party was negligent of the duty to prevent harm, in some manner. Personal injury law is a complicated field which many critics are attempting to have tort reform conducted to keep these lawsuits at a minimum, and to keep lawyers from collecting a contingency fee upon winning the case.
How a Personal Injury Case is Handled
Often times, a personal injury case will not even make it to the court. That is because the other party will accept their responsibility and pay the damages as a settlement. This keeps the case from causing negative media attention, is a quick and fairly easy process, and helps to cut down on legal fees.
If the case does end up going to court, then it will first go to the state court. If no judgement is reached there, it will be sent to the appropriate appellate court. In some rare instances, personal injury cases are heard in a federal court.
The attorney for the injury party must prove liability on the part of the defendant. This can become tricky, as the defendant has the ability to counter with a claim of assumption of the risk, or that the party knew about the risk that they were undertaking. There are other defenses that the defendant may bring up.
What Happens When the Injured Party Wins
In a successful settlement or judgement for the injured party, the court will rule that the defendant must pay damages in some form or another. Options for these damages include, but are limited to:
- reasonable medical expenses
- loss of wages
- loss of consortium or companionship
- property damages
- emotional distress
- pain and suffering
- legal and court fees
The attorney usually will have an agreement with his or her client to receive a portion of the recovered damages, which is known as a contingency fee. There is much controversy over this practice, but it has been done for a long time. If you are in need of a back injury attorney to handle your case, do your research and ask for recommendations because you do not want to leave it up to chance.
Sam Moser is a journalist who studied law before deciding that covering legal matters was more rewarding than defending them.? He has been commissioned by various law firms, ranging from a Toronto injury lawyer to a bankruptcy lawyer in Texas, to contribute blog posts to their sites.
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Source: http://www.usblawg.com/personal-injury-law/seeking-workers-compensation-for-back-injury/
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