Think You Might Have a Personal Injury Case?

Think You Might Have a Personal Injury Case?

12/14/2013 12:48:00 pm
By Laura A Blackburn
Expert Author Laura A Blackburn
Have you, or someone you know, been injured recently? Have your injuries been caused by another's careless or deliberate action? Are you entitled to compensation? These are all good questions. Let me help you answer get some answers.
So lets start with personal injury law, otherwise known as tort law. This law allows an injured person to receive damages, or a legal remedy, for all losses incurred from an accident or other event in civil court. This law exists so that people who get injured, because of the carelessness or deliberate conduct of another, can be financially compensated for their pain and suffering. There are many different situations in which the rules of personal injury apply. Here are some basics about when personal injury laws would apply:
• Accidents: when a person acts carelessly and that carelessness leads to another person being harmed.
• Deliberate Acts: when a person deliberately harms another.
• Faulty Products: a situation lacking intent or carelessness, but in which a person can be found responsible for another's injuries.
• Defamation: when someone's slanderous statement harms someone else's reputation.
So what does a personal injury case involve? It all starts with the defendant, the careless or negligent person, doing something that harms the plaintiff, the victim. This can be any harm done by the defendant other that breach of contract. Breach of contract is covered under a separate division of law called "contract law." Next, the plaintiff determines that the defendant has violated a legal duty. Which legal duty that has been violated will depend on the situation. For example: drivers have a duty to operate their vehicles responsibly, doctors have a duty to provide good medical care, manufacturers have a duty to not release faulty products into the market, etc.
Then it is time to discuss a settlement. If the defendant's violation of legal duty is clear then the defendant (or his/her insurance company) may want to attempt to come to an agreement, concerning damages, outside of court (this would be considered a settlement). If the defendant and plaintiff come to an agreement, then the case is settled. The plaintiff can file a personal injury lawsuit and take the matter to court if they cannot reach an agreement.
Negotiations about a settlement can continue even after plaintiff files the lawsuit. If an agreement is not made between the plaintiff and defendant the case will be taken in front of a jury, who will decide whether the defendant is or is not liable.
Think you might have a case? Don't just sit there and let your questions go unanswered! Click here and get your free consultation today!https://injuryprotect.com/?c=11535

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