Personal injury law is a specialty area of law. This means lawyers who practice personal injury law focus on the legal rights and remedies available when you’ve been injured in an accident or other incident. The attorneys concentrating on personal injury laws may provide legal representation and guidance.
In this article, we’ll explore what a personal injury lawyer does, the grounds on which injury claims can be brought, the requirements for suing the negligent party, and more.
What is a personal injury law?
Personal injury law, also known as tort law, deals with situations when someone is harmed or injured due to another party’s negligence. This is a type of civil law in which one private individual sues another, as opposed to criminal law in which the state indicts someone. In these lawsuits, it’s possible that negligence rather than criminal activity alone was the basis of the harm.
The injured party can use lawsuits to obtain damages, which can assist pay for medical expenses or lost wages resulting from the accident. In personal injury law, disputes are usually resolved before the trial stage of the court process. The parties involved and their attorneys discuss the matter and settle before going to trial.
Grounds on which injury claims can be brought
Personal injury claims may be made on one of three bases:
- Negligence: The most frequent reason for filing a personal injury claim is negligence. Liability under negligence is based on a person’s failure to act with the degree of caution that a person of due care would have used in the same situation. For instance, a hunter recklessly fires his gun at nearby civilians.
- Strict Liability: No matter the defendant’s motive or state of mind when the offense was committed, strict liability holds them accountable for their actions. For instance, even if a product’s designer did not act carelessly or with the intent to cause harm, they are nonetheless liable if an injury results from a flaw in the product.
- Intentional Wrong: A deliberate act by the defendant constitutes an intentional wrong. Battery, assault, unlawful imprisonment, trespass to real estate property, assault to chattels, and deliberate causing of psychological trauma are examples of common intentional torts.
Requirements for lodging a court case
An injured party must fulfill several minimal standards before bringing a personal injury claim. These consist of the following:
- The plaintiff must bring the personal injury claim before the statute of limitations in your state expires.
- The claim needs to be legitimate and capable of being resolved via the legal system. In other words, the complaint must be fair, and the claimant must establish:
- They have suffered harm. This harm could be psychological or bodily.
- Depending on your country’s liability laws, the defendant either totally or partially inflicted the injury and is responsible for it. This may have occurred due to the defendant’s negligence, an intentional or accidental act, or both.
- The injury resulted in a financial loss for them.
How to get a settlement
Personal injury lawsuits are usually resolved informally rather than formally. The payment will be given after the decision or agreement is made. Major damage claims are frequently resolved with a structured settlement, but small to mild injury cases are usually rewarded with a lump sum payout.
Personal injury is a wide subject of law that encompasses various professional areas. Finding a lawyer specializing in certain areas of personal injury law may increase your chances of receiving a fair settlement.
You might be entitled to compensation under personal injury law if you or a dear one was injured or killed as a result of the misconduct, negligence, or recklessness of another individual. To determine if you have a strong case, get in touch with a personal injury firm firm like Boohoff Law for a case assessment.