Personal injury tort law refers to the relief of one?s injury due to the negligent and wrongful acts of another. A tort is a breach of civil duty and can serve as the basis of a lawsuit. The injured party is known as the plaintiff, whereas the liable party is called a ?tortfeasor? or defendant.
In personal injury tort law, the injured party is entitled to receive compensation for damages, and the party responsible for the damages is held liable for providing compensation. If you?ve been injured or experienced damages due to another?s behavior, it?s important to understand the different types of torts for your benefit.
The most common kind of tort is negligence. A tort of negligence results when one breaks their duty of providing care owed to another party, usually involving a careless or reckless action that causes the injury. Intentional torts are when injuries were inflicted on purpose. Examples of intentional torts are defamation of character, intentionally assaulting another person, and false imprisonment. Whatever the case, it is the objective of tort law to make the liable party pay for the damages that they inflicted on the plaintiff.
The UK has its own unique set of laws pertaining to Fairfax personal injury law claims that sets it apart from other western democracies, notably the United States. In the United States the system of tort law regarding compensation claims is complex and controversial. This is because attorneys usually work on a contingency basis, which means that the attorney only gets paid if he/she wins some compensation for the plaintiff. While working on a contingency basis is also used in the UK, although to a lesser extent, the big difference is in who pays the legal expense of the defendant. If the plaintiff loses their lawsuit in the United States the defendant is still responsible for their own legal expenses. If this situation occurred in the UK the plaintiff would be responsible for the defendant?s legal expenses. This is an important differentiation because it strongly affects the decision of a plaintiff when considering whether or not to file a claim. Critics of the U.S. system argue that it encourages frivolous lawsuit because the plaintiff has nothing to lose. Furthermore, the U.S. system unjustly punishes innocent defendants by burdening them with legal expenses when they have in fact done no harm.
Initial consultations with lawyers are a good way to decide if the lawyer will be a good match. The consultation is the time to ask questions regarding the experience, fees, methods of communication, and availability. This is also a good time to become familiar with the office staff, as many issues are handled by the paralegals. Most personal injury lawyers work on a contingency basis. They receive payment after the case settles, and the fees come right out of the settlement amount.
If the lawyer is a good match, the attorney is hired by signing contracts. The lawyer will then go to work on obtaining relevant information regarding the injury and the case. Hiring the right lawyer is essential to obtaining the best settlement possible. With that being said, an attorney is not likely to take on a case they feel they cannot win.
Learn more about how to get help with Fairfax Personal Injury Attorney Firms.
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