Every year there are thousands of individuals that suffer personal injury as a result of negligence on the part of an individual or an entity. In the most recent recorded year there were over 37,000 traffic deaths, almost 20,000 slip and falls which ended in a fatality and 2,500 cases of medical malpractice.
In the event of injury or death, the aggrieved is wise to seek the services of an attorney for personal injury. This attorney is an individual who can represent the client who claims to have been injured either in body or mind and the injury can be traced to negligence or wanton wrongdoing.
Personal injury cases are brought to court under tort law, the types of cases that are included under tort are such things as automobile accidents, pedestrian accidents, slips and fall, accidental death, product liability etc, the list goes on and on. The goal of the attorney for personal injury is to get compensation for his or her client that will cover the victim’s losses. The damages that can be justifiably claimed for are monetary damages, all medical expenses, damage to property, unnecessary pain and suffering, loss of earnings and emotional distress. The damages which are awarded also cover all legal fees and court costs.
In most cases a personal injury attorney will review the claim; in the event the attorney sees merit in the case he or she will normally take the case on a contingency fee basis. When this type of arrangement has been agreed between the attorney and his client, there are no out of pocket demands on the client, in the event the case is won and a judgment is handed down, the attorney fee is paid out of the judgment amount. The contingency fee may actually equate to more money than if the claimant agreed to a straight fee basis but the arrangement is usually to the claimant’s advantage as he can afford a superior attorney and the attorney will work harder to maximize the award.
In many cases the case never sees the inside of a court room. If the attorney of the negligent party or the insurance company sees that their client was at fault, they will normally settle out of court. This is a much faster solution and usually the settlement is fair and balanced.
