A personal injury lawyer is an attorney who offers legal representation to those who contend to have been injured physically or psychologically, due to the negligence of someone else, business, government agency or some other entity. Personal injury attorneys primarily practice in the field of tort law, which governs the protection of rights and privileges of individuals. The tort law governs most of the lawsuits that are filed in civil courts throughout the United States.Learn more at The Mahone Firm-New Orleans Personal Injury Lawyer
Most claims that involve personal injury law are personal in nature, which means that they deal with an individual’s right to recover damages from another person, entity or governmental agency for an injury, loss or damage caused by another person’s, entity or agency’s negligence. Claimants usually contend that another party’s negligence, willful misconduct or bad judgment played a part in creating or causing the injury, loss or damage. A plaintiff seeking damages is usually granted a right to file a lawsuit against the party responsible for the injury, with the help of an attorney, to seek damages. Claimants then ask for an amount of compensation to compensate for their losses and pain and suffering. Personal injury lawsuits are filed either in a civil court or in a special court called a summary court.
Under the common law system, defendants are typically found guilty and punished through imprisonment, fines or even death. In a civil court, a defendant’s legal rights are protected provided he complies with the rules of evidence and adheres to the court’s decision. The plaintiff on the other hand, has no legal rights unless proven guilty. Sometimes, the plaintiff is allowed to present witnesses to bolster her/his case. A defendant’s personal injury lawyers will try to prove that the plaintiff’s harm was not caused by the defendant’s negligence; thus, the case will need to be presented in court under the appropriate venue. Personal injury lawyers may represent either the plaintiff or the defendant.