If you have made the crucial choice to take the essential measures to protect your rights in a case that takes in personal injury, then you probably have many questions. So Personal Injury Law 101: The Basics by Zaylaw has the basic information that revolves around the term Personal Injury.
“There are two ways a personal injury case can be resolved.
A formal lawsuit is when an individual, the person who was injured or “the plaintiff”, files a civil complaint against another person, business, corporation, or government agency; “the defendant”. The details of the personal injury case would be argued in court where the plaintiff has the opportunity to provide evidence to support their claims. The Judge will make a ruling on the case to determine whether or not the defendant was responsible for the personal injury claims made by the plaintiff.
Most personal injury claims can be resolved through an informal settlement. The person claiming injury, the defendant, insurers, and their lawyer can agree on a settlement before it reaches a formal lawsuit. If a fair settlement can be reached, the lawyer can draft a written agreement in which both parties can agree to take no further action (such as a filing a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.”
Now that you’re now aware of the two ways an injury case can be settled, let us now focus on how a personal injury claim works through Learning the Basics: Personal Injury Law by Nolo.
“Defendant Does Something to Injure Plaintiff. This can be almost any bad act on the part of the defendant, with the exception of contractual breaches, which are handled under a separate body of law known as “contract law.”
Plaintiff Determines that Defendant Breached a Legal Duty. The specific legal duty is going to depend on the situation in which the injury occurred. For example, drivers have a duty to operate their vehicles with the level of care that any reasonable person would exhibit while on the road.
Settlement Talks Occur. If it is clear to all involved that the defendant breached a legal duty, then the defendant (or the insurance company representing him or her) may wish to settle outside of court. This would involve making an offer of monetary compensation to the injured person, in exchange for the injured person’s binding promise not to file a lawsuit over the injury.”
Three Important Personal-Injury Concepts and Terms
All accidents are taxing, but those that result in fatalities or injuries can be most devastating. Other than the time and money required to recover physically, the victims should fix their damaged property, deal with insurance claims, and perhaps, file a personal-injury case.
Following an accident, it’s crucial to know how the procedure works. This can aid you to avoid errors, and it could accelerate the process. Throughout this time, it’s common to hear or encounter unfamiliar concepts and terms from insurance companies and lawyers. Clarifying these terms is a reason that taking the services of a
Clarifying these terms is a reason that taking the services of a personal injury lawyer is so imperative. Meanwhile, here are three popular terms that you could encounter all through the accident claim process:
As stated by Harvard.edu, determining liability in a personal injury case is a crucial step. Liability talks about the legal responsibility of a person. In the case of personal-injury claims, the court will try to determine who’s legally responsible for the accident. And that person is usually guilty for damages.
In addition, there are numerous ways to determine liability, and a personal injury attorney should be ready to gather evidence and utilize professional testimony to back a claim.
Merriam Webster Dictionary defines settlement as an official agreement that finishes a dispute. In a personal-injury case, a settlement is a contract or agreement between the parties involved that stops the case from heading to trial. The majority of injury cases settle prior to a trial.
If you agree to a contract settlement with the guilty driver, then you’re basically waiving your right to file any more legal action or claims. A lawyer can negotiate the settlement to guarantee that you get a fair payout.
Personal Injury Law: The Basics by FindLaw has more information about the time limits in personal injury cases. Here it is:
“What is a Statute of Limitations?
Plaintiffs have a limited time in which to file a lawsuit, called a “statute of limitations.” Generally speaking, the period of time dictated by a statute of limitations begins when the plaintiff is injured or discovers the injury.
Statutes of limitations are established by state law and often vary by type of injury. For instance, the statute of limitations for injuries to an individual in Texas is two years, but five years for sex crimes and one year for libel or slander. It can vary from state to state.”
You’ll hear this acronym if the individual who caused the accident was uninsured or underinsured. “UIM” means “underinsured, or uninsured, motorist insurance.” If an individual causes an accident and doesn’t have enough insurance, the victim’s insurance can aid to pay for any accident-related costs.
Though most states don’t necessitate UIM insurance, these policies may save an individual from monetary ruin. If the responsible party didn’t have insurance, victims might need to pay for healthcare expenses and property repairs or maintenance out of pocket.
Now, if you were harmed in an accident because of another individual’s negligence, your first step toward physical and financial recovery is knowing the claims process.