Personal injury is a legal term used for an unfair injury to one’s body, mind or feelings, rather than an actual physical injury to property. In Anglo-American jurisdictions the word is most frequently used to describe a sort of tort suit in which the individual bringing the suit is accusing the other person of having inflicted personal injury upon him/her. The term also applies to cases in which one’s property is harmed. Personal injury claims may cover all sorts of wrongs, such as libel, slander, malicious prosecution, invasion of privacy, false arrest, assault and battery, and intentional wrongdoing.
Because personal injury claims involve a complex legal process, they are almost never pursued by individuals except on rare occasions when money or assets have become suddenly unavailable. Instead, they are usually initiated by organizations representing the injured party. The attorney handling your case will be well-acquainted with the intricacies of the legal process and will also possess expertise in representing you in negotiations with insurance companies, banks and any other third parties that may be involved in the legal process. Thus, it becomes essential that you find a personal injury lawyer who is well versed with the ins and outs of the legal process and the various laws that govern personal injury insurance claims.
Negligence, lack of experience, or carelessness are three common ways in which an attorney handling a personal injury case can commit fraud or commit professional misconduct. One such example is an attorney who may file a lawsuit or present an argument in court that is untrue. He may also fail to properly advise clients about how to protect themselves from the repercussions of sustaining an injury at the hands of another. In addition, he may fail to provide sufficient advice regarding property damage or personal injury claims.
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Apart from fraud or improper advice, there are some instances when attorneys commit ethical misconduct. One such unethical conduct is filing personal injury claims that contain limitations that do not exist. In other words, these claims fail to provide the client with all of the damages and benefits that he or she is entitled to in connection with such injuries. For instance, if an attorney makes a claim for one thousand dollars per day of pain and suffering and states that the victim incurred such injuries as a result of the negligence of another person, the client may not receive such benefits unless the victim can prove that the defendant was somehow negligent in some way.
Another example involves the filing of an informal settlement. In informal settlements, attorneys often settle a personal injury case without involving a jury. (The purpose of an informal settlement is to avoid prolonging a case that has no chance of winning for the plaintiff.) However, once the case is settled without a jury, this does not preclude the victim from filing a lawsuit later on if he or she believes that the defendant acted with deliberate misconduct.
If you think that you have been a victim of legal misconduct, you should consult with an experienced personal injury lawyer today. Many personal injury lawyers deal with a variety of personal injury cases throughout the year. Therefore, if you have a case pending, you may be waiting months for an attorney to get back to you. You should not have to put your case on hold because you do not have enough time to hire an attorney. Contact an experienced attorney today.