A personal injury case is a legal dispute that arises after a person has suffered an accident or an injury, and another person is legally responsible. Personal injury law is thus, the defense and legal remedies that are involved in the civil lawsuit which is as a result of of the wrongful conduct that might have caused the injury on the other person. This case does not involve the government, but rather a private plaintiff, who is seeking compensation for the harm done by the defendant.
These cases are usually a based on negligence, where one person, the defendant, puts another person at risk, and this person ends up getting hurt. This doctrine accepts that some accidents cannot be avoided and the plaintiff must to show with enough proof that the defendant would have acted in another manner and had it been another person, they would have realized there was a risk and not placed the plaintiff in harm’s way. Examples of such cases would be; where there arises medical complications or even death as a result of a doctor’s carelessness, car accidents caused by drunk driving or a fall at a construction site because the company refused to put in place safety precautions that would prevent such. Basically, the defendant puts a person or two in harm’s way, ignoring their safety, and they ended up being injured.
After it has been ascertained that it was a case of negligence, the defendant must then compensate the plaintiff for every damage caused. A personal injury case can be solved in court, or it can be solved before it gets to court, mostly by attorneys.
This happens when the plaintiff files a law suit against the defendant, alleging that they acted irresponsibly and neglectfully, thereby causing damage or injury. It follows the normal court proceedings where evidence has to be tabled and a judge decides if the plaintiff deserves to be compensated, and how much. For example, if a philadelphia injury lawyer is suing for a client then he typically will go after a formal lawsuit format.
Some disputes do not make it to court, and they are usually solved by the parties involved, or their lawyers. This settlement is usually a negotiation, and after an amount has been reached, a written agreement is signed, where both parties agree never to push the case further, for example, moving to court.
It is not always easy to determine the amount of money that has top be paid as injuries and damages come in different scales. You can put a price on damaged property and also on medical bills, but sometimes there is emotional distress caused, and this calls for expert testimony.
The plaintiff usually has a limited window of time in which he or she is allowed to file a lawsuit. This time is called a statute of limitations. A statute of limitations starts right after the plaintiff is injured. The length of this time is usually set by the law of the state and it varies from different types of injuries.
You will need facts before you can demand compensation on a case of personal injury, and it is best if you have a lawyer go through your facts before you proceed. Know your rights.