Personal Injury 101

Personal Injury 101

Personal injury law or tort law allows someone who is injured to file a civil lawsuit in court and get a legal remedy from losses that come from an accident or incident. The purpose of this law is to allow the person who experienced the injuries to be compensated or “made whole.”

There are many circumstances that can arise when it comes to a personal injury case. If you have experienced any of the following types of personal injuries, it may be wise to contact a personal injury lawyer.

Accidents: Personal injury cases can involve someone who has acted negligently and caused harm to another person. Some of these instances include car accidents, slip and fall accidents, and medical malpractice.

Intentional Acts: When someone’s intentional conduct has caused harm to another, this also qualifies under personal injury law. This can include things like assault and battery, fraud, and trespassing. Most criminal acts can also be pursued in a civil court.

Defective Products: For example, if a component of a car is defective and you get injured because of that defect, this can qualify as a personal injury case. Other examples include consumer products, medical devices, and pharmaceuticals. If you are harmed by a defective device, you may be able to file a civil lawsuit.

Defamation: When someone says or writes something that’s untrue and damaging about you, it meets the standards of a defamation case. Defamation includes both libel and slander. Libel is when someone writes something about you that is not true. Slander is when someone says something about you this is not true. The untrue information must be damaging in order to be actionable.

Now that you know some of the circumstances that qualify under personal injury law, you may want to know how a personal injury case works. No two personal injury cases are the same, but there are some common elements. In general, this is what the process looks like:

An injury occurs: This can happen in any of the ways that are mentioned above. In order for a case to be viable, the plaintiff must be able to show damages.

You or your attorney files a claim: In many cases, the defendant has insurance that will cover the accident. Before approaching the insurance company, you should allow a personal injury lawyer to review your case. These attorneys work on a contingency basis, so you don’t have to pay out-of-pocket for a consultation. You or your attorney will file a claim with the insurance company.

Negotiations for a Personal Injury Case: Your personal injury lawyer will enter into negotiations with the insurance company. In many cases, the insurers won’t want to pay the full and fair amount of the claim. As your attorney gathers evidence and deposes witnesses, they may be simultaneously negotiating. If they are not able to reach an agreement, your attorney can file a personal injury lawyer.

The judge and possibly a jury will then decide the matter. Remember, personal injury cases can be tricky and sometimes these cases are difficult to decide how to handle. If you or someone you know has been in an accident, make sure to contact the right legal help to solve the matter.

Anna Daniels

Anna is an avid blogger with an educational background in medicine and mental health. She is a generalist with many other interests including nutrition, women's health, astronomy and photography. In her free time from work and writing, Anna enjoys nature walks, reading, and listening to jazz and classical music.

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