What is personal injury law?
Personal injury law, commonly known as tort law, provides legal rights to victims who have suffered physical or psychological injuries as a result of the carelessness or wrongdoing of another person, business, government, or other entity. Personal injury laws apply to a variety of cases, including:
* Cases in which a person acts negligently and therefore causes harm to another person. Examples of these types of cases include medical malpractice, slip and fall accidents, automobile accidents, and some toxic torts cases, among many others;
* Cases in which a person knowingly and intentionally causes harm to another person. These types of cases include murder, assault, and battery;
* Cases where a person has not intentionally committed a crime through negligence on their part can still be held liable for a personal injury claim. Dog bite cases (under some state laws) and certain types of product liability claims are examples of this type of personal injury law; and,
* Cases involving insults to character, such as slander or slander.
WHAT IS THE PURPOSE OF THE PERSONAL INJURY LAW?
The primary goal of personal injury law is to provide legal rights to injured victims to be financially compensated after suffering a loss or injury that they otherwise would not have endured were it not for the negligence or omissions of the defendant. Personal injury laws place a legal obligation on individuals and businesses to act and interact with one another with a minimum level of care and attention. These laws are expected to encourage and promote good behavior and reduce bad behavior; therefore, personal injury laws serve an important purpose for the general public.
HOW DO PERSONAL INJURY CASES TYPICALLY WORK?
Although no personal injury case is exactly the same as another because no accident is exactly the same, these types of cases generally tend to follow these steps:
The plaintiff is injured by a defendant
With the exception of contractual breaches, this can be almost any unscrupulous act on the part of the defendant.
The defendant is found to have breached a legal obligation to the plaintiff
The unfulfilled duty depends on the details of the particular case. For example, manufacturers and / or distributors have a legal obligation not to allow dangerous or harmful drugs to enter the market.
Settlement negotiations
If there is obvious evidence to all parties involved that the defendant violated his contractual duty, then the defendant may choose to settle the matter out of court by offering monetary compensation to the plaintiff to prevent the plaintiff from filing a lawsuit against the defendant.
If the plaintiff does not agree with the defendant’s offer, he can start a lawsuit. A settlement can be offered and negotiated after the lawsuit is filed at any time until a jury or court announces a verdict.
The plaintiff files a lawsuit against the defendant
When the plaintiff initially files a case, you should be prepared to indicate what the legal basis for the claim is and what type of remedy you want to seek in compensation for your injuries.
The defendant files an answer to the plaintiff’s claim
The defendant must respond after being served by some type of official (usually a bailiff or process server) within a specified period of time. If the defendant does not provide an answer in the given time, a default judgment will be entered and the plaintiff automatically wins.
After the defendant files an answer, the pre-trial period begins
This period is intended to build each party’s case by gathering evidence to support both sides of the case. Discovery can be made between the parties, expert witnesses can be hired, and testimony may be required during this time.
The proof
The plaintiff is required to show that a duty was owed, that that duty was breached by the defendant, that the defendant’s default led directly to harm or injury to the plaintiff, and that the plaintiff suffered injuries as a result.
The verdict
The jury or judge (bench trials) has the responsibility to determine the Plaintiff’s damages based on factors such as out-of-pocket medical expenses and the severity of the physical, emotional or psychological pain suffered by the Plaintiff as a result of his wounds.
WHY YOU SHOULD CONSIDER HIRING A PERSONAL INJURY LAWYER
When attempting to file a personal injury case without legal representation, the plaintiff should keep in mind that the defendant they are filing the claim against will have experienced attorneys working and fighting on their behalf. The Insurance Research Council conducted a study in 1999 that indicated that the average person will receive a settlement three and a half times larger when represented by a personal injury attorney than when presented without representation. If a person seeking to file a claim is unaware of the law or if the case takes an unexpected turn and gets out of control, they may consider hiring a personal injury attorney who can evaluate all aspects of their claim and fight for all. justifiable finances. compensation owed to the victim.