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Filing a Law Suit for Personal Injury Victims |
by:
Carla Ballatan |
Did you suffer physical injuries and incurred hospital bills and other costs, that are the result of the negligence or fault of another person? Under the personal injury or tort law, you can file a lawsuit and charge the person for compensation. Indeed! So, what do you need to understand in filing for personal injury law suit?
Personal injury law is the branch of civil law referred to for a personal injury lawsuit. In personal injury law, the plaintiff is the victim of an alleged wrong or in the case of wrongful death, the loved one of the victim. The defendant is the one believed to be legally responsible for the injuries sustained. Generally, personal injury lawsuits are intended to provide compensation to the injured party and discourage the continuation or repetition of the behavior that caused the injury. Specific guidelines apply to personal injury lawsuits that may vary depending upon the state where the suit is brought and other circumstances.
To establish a successful personal injury lawsuit, liability and damages are needed elements. In proving liability, the plaintiff must establish that the person did bear legal responsibility for injuries. The extent ot the amount of injury or loss, referred to as damages incurred on account of the defendant’s action or negligence.
Three bases are referred to in determining the elements of liability and damages: intentional wrong, negligence and strict liability. Intentional wrong is when the defendant have known and/or planned the injury to be inflicted. This is least often used and on the situation this arises, can be brought in conjunction with criminal charges. Negligence means that the defendant is accused of causing the injury through a failure to prevent it. Slip and fall injuries, reckless/inattentive drivers who cause car accidents are circumstances that may be involved in a personal injury lawsuit based on negligence. Legal responsibility, like for example the making or release of defective or unsafe products are involved in lawsuits based on strict liability. As long as the product was being used as intended, the strict liability applies regardless or malice or negligence.
Most personal injury lawsuits are settled outside of court and even prior to the beginning of courtroom proceedings. Those that go to trial in court are either heard ny a judge or a jury to make a legal decision on the fault and extent of damages. In some cases, the judge determines the amount of money to be awarded to the plaintiff, in others, the jury makes the decision. A personal injury lawsuit may result in an award that numbers well into millions of dollars.
If you believed you are qualified to file for personal injury lawsuit, it is important to contact an experienced personal injury attorney immediately. Remember, that there is a limited amount of time given to file for a personal injury lawsuit – the statute of limitations that vary from state to state. Get help and consult what you’ll be needing to win your case.
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