Today’s personal injury law firm has the goal, first and foremost, of helping clients redress the harm done to them by the actions of others. This is often referred to as “tort” practice. A tort is, in essence, a wrongful act resulting in an injury to a party that entitles them to compensation from the wrongdoer. Where bodily injury is involved, attorneys specializing in this legal area will act on behalf the injured person to help them recover monetary losses incurred as a result of the injury. This representation involves more than just appearing in court.
Identifying the Causes of Action
The first step that a personal injury law firm will undertake in representing their client is to identify the possible legal issues of the case and, most importantly, the elements of possible recovery for the wronged individual and his or her family. A simple accident could result in a variety of claims of tortuous (wrongful) action; negligence, gross negligence, and intentional infliction of emotional distress are just some examples of the kinds of behavior that could result in recovery.
After the causes of action have been identified, investigation of the circumstances is the next step attorneys will undertake in their representation. This can involve hiring experts or outside investigators to obtain evidence and analyze the circumstances in order to establish the cause of the injuries. This is known by the legal term of “prima facie”; the literal meaning is to be true or valid theory at first impression.
Identification of Damages Houston Car Accident Lawyer
Attorneys at a personal injury law firm will, as part of their representation, identify the damages their client has suffered and establish a monetary value to present to the opposing side, either as part of negotiations or, if necessary, during a trial on the merits of the case. These damages can be for a variety of things:
– Present and future medical expenses. The costs of receiving medical treatment for the injuries as well as any future costs, such as physical therapy, are all recoverable from the wrongdoer. Often, the lawyer will negotiate with medical providers in terms of obtaining treatment or settling outstanding bills during the pendency of the case.
– Pain and suffering. The psychological injuries as a result of a tortuous act are also recoverable. Recently, courts have extended this element of damages to include hedonic damages. This refers to the loss of life’s pleasures that the injured person can no longer do as a result of the injuries.
– Loss of consortium. The spouse of an injured person is also entitled to recover from the loss of companionship of their loved one as a result of the injuries sustained.
– Economic loss. This type of loss involves lost wages, lost earning capacity in the future, and other monetary areas impacted by the accident and the injuries sustained.