A personal injury attorney is an attorney who offers legal representation to people who claim to have had been injured, either physically or mentally, due to the negligence of another individual, company, government entity or any other entity. Personal injury attorneys primarily practice in the field of civil law known as tort law. Tort law is the body of law that permits the injured party to be compensated for damages he/she has suffered as the result of the wrongdoing or negligence of an individual or organization. Although personal injury attorneys are considered professionals by many states, not all states explicitly require them to take up personal injury cases.You may want to check out Law Office of Daniel Deng – Rosemead Car Accident Attorney for more.
In legal terms, a personal injury attorney is often referred to as an attorney who “attempts” a case in behalf of a client, or one who “counsels” a client on legal issues. Personal injury litigants may seek damages for pain and suffering, medical expenses, loss of wages or the future value of their salary or former salary. Damages awarded in personal injury cases are calculated by multiplying the actual physical damage or personal injury incurred (that is, the sum of all possible losses less any direct property damages) times the prevailing state law prevailing damage award. In some jurisdictions, the jury will determine the amount of damages, while in others it will be a court of law that makes this determination.
In many personal injury cases, the insured party’s insurance carrier will attempt to settle the case outside of court by paying a large financial settlement to the injured person, which represents the insurance company’s interest in seeing that the case does not go to trial. However, if the case does go to court, the insurance company may not be able to defeat the case by such a large settlement. Sometimes the company will settle the case through out the process by offering to cover all or a part of the medical bills, lost wages, and so forth. These settlements are frequently less than what the insured person might receive in a court trial, but they often represent a much better compromise between the two parties. The personal injury attorney representing an injured person will often work to obtain an amount of financial compensation that will more than make up for any cost that the insurance company may spend to fight the case.