Personal injury law provides for recovery after an accident
Personal injury law is the field of law that concerns recovery of damages for injury by the injured person. Attorneys that practice personal injury law are known as personal injury attorneys. That is a legal specialty that is recognized by most state bar associations. Personal injury attorneys represent injured people in seeking recovery of damages caused by injury. In order for the injured person to recover for an injury, it must be proven that the injury is the result of the negligence of the party recovery is sought from. In other words, if A makes a careless left turn with a car in front of B and B is injured as a result, B may seek to recover from A the value of that injury. That value includes medical expenses, lost wages, and property damage. Claims are also made for damages known as pain and suffering and emotional distress.
PI Lawyers Specialize in Damage Recovery
Many attorneys specialize in personal injury lawsuits and advertise their services very widely. The Yellow Pages are rife with advertising by personal injury lawyer Toronto. There is also extensive television advertising and even online advertising by personal injury attorneys. A Google search for personal injury will yield listings by personal injury attorneys practicing in your area. Lawyers are highly compensated for their personal injury work and they seek it actively.
Personal Injury Lawyers Advertise Their Services
Personal injury law is an area of legal practice that has developed a reputation for the pursuit of excessive or even unwarranted litigation. Advertising by personal injury lawyers does seem almost to promote the idea that someone injured in an accident can realize a substantial recovery. Of course, lawyers actively promote the service because they are well paid for it. These cases are generally taken by lawyers on a contingency fee basis, meaning that the lawyer earns a percentage of the ultimate recovery. That is generally one-third of the recovery, although there are lawyers that advertise discounts, some charging only one-quarter of the recovery. Few of these cases proceed to trial, but most are settled by insurance companies out of court. Personal injury attorneys are rarely called upon to litigate personal injury claims.
Some People Would Limit Personal Injury Recoveries
Personal injury law has become very controversial. In some American states, there have been movements afoot to develop and enforce tort litigation. Tort is the area of law in which damage claims are made for injuries suffered as a result of negligence. Personal injury law is tort law. Activists seeking tort reform would seek to limit or eliminate the ability of claimants to pursue claims for tort losses, or to reduce the amount of damages available to claimants. Some activists seek to have tort recovery removed from the court system altogether and placed into a form of social security whereby compensation would be derived from governmental funds. Such a system has existed in New Zealand since 1972. The purpose is to reduce the overwhelming cost of litigation while ensuring that injured people and parties are compensated for their injury.
The Injured Should Have the Right to Recover for Their Injuries
In the end, personal injury lawyers do serve a valuable purpose. A person who is seriously injured in an accident should have a right to recover his or her losses, including medical care and lost wages, and for very severe injuries, even pain and suffering. Personal injury lawyers learn the ins and out of negotiating with insurance carriers so as to maximize recovery, and that does benefit the claimant. Personal injury lawyers can become highly skilled in their area of practice.