Understanding the role of a personal injury attorney

by | Nov 15, 2013 | Flooring services

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A personal injury attorney in Atlanta is one who is deeply involved with clients where negligence and damages are involved. Within legal circles there are broad concepts but in reality negligence is something that occurs when an individual, an institution or a company fails to perform in such a manner that injury is avoided. There are both direct and indirect cases of negligence, a good example of direct negligence is when a reckless driver injures someone or damages property. It is the responsibility of the personal injury attorney to gather all the available evidence of negligence from the client and determine who is responsible and to what extent.

A personal injury attorney in Atlanta is involved in many different legal situations. If an individual feels that there has been a wrong which needs to be righted, then that individual will work with an attorney.

The law that applies to personal injury is called “tort law.” Tort law is when a civil wrong has occurred and someone suffered injury or material loss as a result of the negligence involved. The attorney will be very familiar with the law and will conduct extensive legal research regarding precedent and case law. The attorney will study the facts of the present case and see how it compares with previous cases being studied and considered. By researching past cases the attorney can better formulate an opinion and offer the client alternatives to address the grievance. Paralegals are often used to do this detailed research.

Once the research phase has ended, the attorney will spend time with the client, providing advice on which way to proceed. Although few people have a deep understanding of the law, the attorney will not make a decision for their client, they will stop at presenting the options that can be pursued. Once the client has decided what to do and what way to go, then the attorney is free to suggest the best course of action.

Although taking the case to court is an option, many cases are settled out of court and the personal injury attorney in Atlanta will negotiate the settlement on behalf of the client. The objective of the attorney is to get the best possible settlement.

 

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