Personal Injury law is considered to be one of the most complex areas of law due to its diverse nature and expansive applications. This area of law governs many different aspects of society and understanding personal injury requires a substantial degree of knowledge regarding the relevant legislation and the established precedent.
Anthony Castelli is an attorney at law who focuses his law practice in the areas of bodily injury cases, including motor vehicle injuries, workers’ compensation claims, and mediation.
Most firms set an appointment with each of their prospective clients and will provide them with insight on how this law operates. Without knowing the nuances of personal injury law, it can be very difficult for you to effectively understand the litigation process.
Most cases are handled on a contingency basis and if there is no recovery, there are no fees, although there may be costs, which personal injury lawyers like Anthony Castelli may or may not bear for the people he represents. However, thanks to his dedication and vast experience, he enjoys a high success rate which is beneficial for the injury victim.
Furthermore, due to the intricate nature of personal injury law, most people labor under an array of different misconceptions on how this area of law operates. To alleviate any misconceptions on personal injury law, there are some important aspects of personal injury law that everyone should know. These aspects are as follows:
Personal Injury Law Covers More Than Vehicle Accidents
Car accidents are one of the most common causes of personal injury. However, bodily injury law is not limited to vehicle collisions. Personal Injury actually applies to any form of physical injury or psychological trauma that occurred due to the fault or negligence of another party involved. So, if you have suffered a legally recognized form of injury due to another individual’s negligence, then you may seek legal action.
Personal Injury and Assault Are Two Separate Entities
Some people believe that personal injury and assault are the same areas of law; this is the furthest thing from the truth. Assault is a serious crime and an injury is only considered assault when it is inflicted with intent. The intent, sometimes called malice-aforethought is a legal term that describes the intention behind the crime and is the deciding factor in assault cases.
However, negligence does not require intent. Negligence is described as a failure to exercise reasonable care.
Insurance Companies Offer Nominal Settlements
When it comes to road accidents, most attorneys look for insurance. They prefer to have the issue resolved through the negligent party’s insurance company. However, insurance companies operate by producing the lowest payouts and taking in premiums and investing them.
Often, their settlements will not cover all the loss of wages and all the medical bills for the accident victim. These settlements will even offer small amounts for pain and suffering and loss of enjoyment of life. This is exactly why it is imperative that every individual who has suffered a personal injury, contacts a personal injury attorney. Most lawyers will seek negotiation first. Then the lawyer may file a lawsuit.
Often these claims get directed to Court-ordered mediation or private mediation. If that does not succeed then a trial will result. Hiring a personal injury attorney is the only way to level the playing field that will hopefully help you get a higher settlement in comparison to insurance payouts.
The Attorney You Choose Is Paramount to the Success of Your Claim
As mentioned before, personal injury is a complicated aspect of law and only a seasoned professional can effectively represent you in court. Your lawyer’s ability can significantly affect the chances of your claim being successful in Court and their skill set will influence the final payout.
Before investing in an attorney’s services, people should conduct as much research as possible regarding the lawyer’s experience, work ethic, and the relevant specialty. Consider spending time in determining who will represent you in court.