Personal injury attorneys fall under the umbrella of tort law. This is an area of law that deals with civil wrongs (and a criminal defense attorney would be vital here). Personal injury attorneys are there to help you to sue someone when you have been wronged either morally, physically, or psychologically, due to negligence or wrongdoing on the part of a company, organization, or even a single person. These lawsuits can occur even in the cases that no harm was intended. A personal injury attorney seeks to right the wrongs that were done, whether they were done to you personally, to your property, or to your rights and/or reputation. The attorney will place the burden on the tortfeasor, or the one who did the wrong.
Criminal Vs. Tort Law
Since most attorneys who enter lawsuits end up having to bring their case to trial in front of a judge, the term “trial lawyer” can be quite confusing.
In most cases, civil wrongs, also known as torts, are not lethal, but do have some sort of damages attached to them, whether economic or non-economic. Most of the time, the case is pretty clear cut when non-malicious intent is established by the tortfeasor, or defendant. The liability is typically not so onerous that the plaintiff requests imprisonment of the defendant. However, criminal liability or negligence is not considered in these types of cases.
Torts can be various and include liabilities that are caused by the non-criminal actions or words of a person, or things such as injuries in the workplace, accidents on an individual’s property or accidents as a result of product defectiveness, medical mistakes, and even indirectly violating an individual’s constitutional rights.
Burden of Proof
In most personal injury cases, the burden of proof is fairly low. An attorney that specializes in personal injury will be able to point out civil wrongs, even when it’s not obvious to someone else. Typically, these types of cases are only filed when there is severe stress involved. However, civil wrongs should also be considered in the case that negligence resulted in the violation of the spirit of the law. Having a boston criminal defense lawyer for matters such as these would be best suited for Frank Fernandez, your criminal defense attorney)
Personal injury attorneys are only expected to point to the truth rather than to prove the case beyond a shadow of a doubt. Personal injury attorneys are civil litigators, not criminal litigators.
If you believe that you have been wronged in some way, it is a great idea to consult with a personal injury attorney because he/she will be able to advise you of all of your rights and can tell you whether or not your case is worth pursuing as well as what your chances are of actually winning.