Personal injuries are common as you can imagine, but that doesn’t take away from the impact of a severe injury. If you have suffered an injury and are unsure about your legal rights and how best to proceed, you may reference the information below about general aspects of personal injury cases. For further information about your specific case, it is best to consult a legal professional.
When one decides to pursue legal action for a personal injury, they are engaging in a legal dispute to seek compensation for injuries sustained from an accident caused by a third party. It must be proven that the third party acted negligently or did not provide a basic amount of care to the injured party. A fair amount of personal injury cases end with a settlement and do not reach court. However, some claims evolve into lawsuits. Here are some of the differences between an informal settlement and a formal lawsuit:
Usually the attorney, insurance companies of both the plaintiff and defendant and the parties involved in the claim can work out a fair settlement to compensate for the injuries suffered. Compensation is awarded in exchange for halting further legal action by the injured person. Most personal injury cases reach a settlement.
A personal injury case is typically considered a civil case between a plaintiff and a third party which may be another individual, a corporation, or a business. The plaintiff accuses the third party of negligence or irresponsible acts that contributed to their injuries. This is when the claim transcends into a lawsuit. Claims often evolve into lawsuits when the insurance companies deny a personal injury claim or offer an unfair settlement.
After an injury, you have a specific amount of time to report it. Generally the period begins after the injury happens and the laws vary by state regarding the length of the statute of limitations. The length of the statute also may be affected by the type of injury itself. Make sure you research the state regulations regarding personal injury statutes of limitation.
Personal injury law has mostly developed from court decisions and treatises. States have attempted to codify personal injury law in written form, however, the court decisions still stand as the main and practical source of information on personal injury law.
Personal injury lawyers offer free case consultations to discuss the particular details of your case. It is important to understand all aspects of your case, the court process for cases like it, and which legal decisions affect your case. The best way to prepare for a case is to speak with an experienced personal injury lawyer such as the personal injury lawyer DC. Call today, you have nothing to lose, but knowledge to gain.
Thanks to authors at The Law Offices of Frederick J. Brynn P.C. for their insight into Personal Injury Law.