Thanks to personal injury law an injured person can file a civil lawsuit in court to obtain compensation for all his losses that resulted due to the accident. The main purpose of the personal injury law system is to permit the insured person to be financially compensated after he has suffered from an injury or harm due to the negligent actions of another person. Keep reading to know the basics of personal injury.
What are the basics of personal injury?
There are different types of situations where the rules of personal injury are applicable. Here are some such situations:
- Accidents: Personal injury laws are applicable in instances where a person acts in a negligent manner and his carelessness leads to harm to another person. Medical malpractice, slip and fall, car accidents, and wrongful death, all fall under the umbrella of personal injury cases.
- Defective products: When a component of a vehicle, medical device, consumer product, or pharmaceutical product is defective or dangerous, this can lead to the filing of a product liability lawsuit against the manufacturer.
- Intentional Acts: Personal injury laws also apply in instances where intentional conduct leads to the harm of another person. Such examples include battery and assault, and other intentional activities.
In what way does a personal injury case work?
While it is true that no two accident cases are similar to each other, no two personal injury cases will ever follow the same path. But, according to the injury attorneys at Sattiraju & Tharney, there are a few basic steps that are the same in every personal injury case. Here are some of them.
- A defendant commits something to ensure the plaintiff: This can include any bad act with the exception of contractual breaches, that are handled under a separate body of law called ‘contract law’.
- The plaintiff ensures that the defendant breached his legal duty: The legal duty will depend on the situation under which the injury had occurred. For instance, drivers have to exercise a level of responsibility when they operate their vehicles and doctors have a legal duty to treat their patients with the utmost care.
- Settlement discussions occur: Once it is proved that the defendant breached a legal duty, he might express his wish to settle the matter outside the court. In such a case, he would offer monetary compensation to the injured person in lieu of a binding promise from the injured person to not file a lawsuit.
In the event that the plaintiff agrees to the settlement, the case is closed. If the plaintiff doesn’t agree on the settlement, he may take the case to the court and file a personal injury lawsuit.
So, when you are thinking of filing a personal injury case after a car accident, the best step to take is to discuss the situation with your personal injury lawyer. Ask him to give you useful tips on the steps to take in order to be able to receive the compensation that you deserve.
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