From a legal standpoint, obligations arise
when a person commits a wrong against the other either by dolo (deliberate intent) or by culpa
(by negligence). When a particular overt act happened and is done deliberately or negligently,
the person who caused the injury is either criminally or civilly
liable and must indemnify the aggrieved party for damages. However payment for damages cannot be sought
by the aggrieved party if the incident was brought about by fortuitous events which are commonly
known as Acts of God, which, though foreseeable, it cannot be avoided.
In these cases, you are obviously eyeing on
the prosecution’s side. Ideally, under
legal parlance, if the claim is a product of a criminal lawsuit, it is the prosecutor that is going to defend and assert
your complaint. However, aggrieved
parties have the right to choose their own lawyers
to act as private prosecutors in lieu to public prosecutors. Because court
litigations involving recovery of damages from injuries sustained is purely civil in nature, the proof required is
by mere preponderance of evidence and therefore, the prosecution always has the
upper hand because the burden of proof is in their side and the duty of the
defense is just to rebut or admit the allegations thrown by the prosecution.
Now, should you wish to have an attorney of your own choice, here are
some of the convenient ways that might help you choose the most reputable and
competent personal injury lawyers, they are as follows:
·
Look at track record - having a good court litigation win-loss record creates an advantageous impact to you after all, bringing home the win is the ultimate pathway
that everyone would like to enjoy. this essentially means that you, being
a prospective client should have full personal knowledge of a lawyer’s win loss
record. While it is true that “word of mouth” recommendations helps in finding the right one. sometimes,
words are not just enough. Aside from
the fact that this is hearsay, certain information might mislead you which will
certainly burn you up in the fire; seeing yourself loosing the case despite the
presence of strong evidence. Having a good win-loss record defines his work
ethic and passion and generally, you are safe from there. Having extravagant law office designs or
mountainous law books does not essentially do the trick but admittedly, having
those attributes compels client to pay more because having an exquisite law
office is a status symbol, whether you like it or not . Since finding a lawyer is a perpetual investment, it is most advised in as much
that it is preferable that you should do some research first before an
attorney-client relation occurs which
could probably be on a long term
basis if the legal services turned out to be exemplary.
·
A lawyer who immediately offers amicable settlement as his “first
move” is not a good lawyer – Save for some
meritorious reasons, a lawyer who offers extrajudicial amicable settlement as
his first move is an incompetent lawyer.
Take note that the prosecution should ideally be the aggressor in any
given case. For this reason, legal
counsels should, in any way, formulate strong and convincing written and oral
arguments in deference to the evidence gathered. Simply put, in order for you
to get compensated for the injuries done
the prosecution should maintain, control and gain momentum of the whole
litigation. Otherwise, you will lose
regretting it for a lifetime. This is due to the reason that you are the aggrieved victim and for this reason, at least 60% of the court’s sympathy
is in your favor. So pick up an
aggressive counsel to have you a sure win knowing that vindication of trampled
rights has its own uneven scales so
your lawyer has to be completely
ready at all times otherwise you will surely end up at the foot of defeat.
These are just some of the tips to help you
weed out and find the intangibles. For
sure, basic legal representations as well as appearance fees, acceptance fees
as well as legal consultations form part of the preliminary basics. What you need to know is to find the perfect
prosecutor because if you as a prospective client shall have a complete grip on
this, then, you can get compensation for
your claim expediently. After all, expedient disposition of cases is
the real essence of the law. This not a script but a personal conviction of what is civil.
To claim
monetary compensation depends on
the convincing notes of your personal injury lawyer’s argument because it does not mean that the victim always gets the injury
consolation price. There is an
expected long argumentative written and oral court face offs however, lawyers
of the prosecution has the implied sympathy of the judge because of the injuries sustained either physically
or emotionally. Eventually, the memories
of a car accident or perhaps a hit and run scenario unveils a psychological and
mental injury which is ideally more
hazardous than the usual. For this
reason, aside from seeking justice, psychological treatments must also be
availed as well so as to slowly debrief a haunted party from a horrifying
experience which has closely led the aggrieved person to face his ultimate death. For this reason, a lawyer must stretch out his
compassionate expertise to deal with it.
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