Personal injury law is a legal specialty that pertains to injuries suffered by a person from the negligence of another party. Such personal injuries can occur in many ways and affect virtually any area of life, including your health, wealth, reputation, personal relationships, and more.
The goal of a personal injury lawsuit is to file a claim on your behalf. This claim would be filed against an individual or company who caused your injuries through their actions or lack thereof, which resulted in you being harmed.
What damages can you recover? What if it’s just one injury, not multiple ones? Who pays for all this since insurance companies don’t cover everything? All these questions will be answered here! So keep reading.
What is Personal Injury Law?
Personal injury law is a branch of tort law that addresses injuries and damages to the body, mind, and emotions. These cases encompass medical malpractice, product liability, slip-and-fall accidents, and other accidents. The main difference between personal injury and other types of torts is that personal injury cases often involve physical injury or emotional trauma. In contrast, other torts typically deal with financial loss.
Personal injury lawsuits are filed when someone has been injured due to another person’s negligence. In a personal injury lawsuit, the plaintiff seeks compensation for their injuries, including medical bills, lost wages from time off work, or future loss of earning capacity. Though it is possible to file a lawsuit on your own, it is advisable to seek out the help of a personal injury lawyer as they have dedicated their lives to this area of law and will have the experience and expertise to win the maximum amount of damages for you.
Types of Personal Injury Cases
There are two types of personal injury cases:
- General negligence and
- Product liability.
General negligence cases involve an individual who was not acting with any level of care or awareness, resulting in harm being inflicted on another person.
Product liability cases involve a defective product that caused harm to the user or to others who were exposed to it after it left the manufacturer’s control.
Personal injury damages include economic losses (medical bills), noneconomic losses (pain & suffering), punitive damages (punish defendants), and compensatory damages (reimburse plaintiffs).
How To Resolve Personal Injury Cases
Personal injury cases can be resolved through settlements or jury trials.
In most personal injury cases, the parties can settle before trial. A settlement is usually quicker and less expensive than proceeding to trial. As with any aspect of your case, you must understand each option’s advantages and disadvantages before deciding on one or the other.
As a plaintiff, a settlement may be more beneficial for you than trying your case in front of a jury. This is because juries are unpredictable—they might give you too little money if they feel bad for the defendant (or vice versa), or they may award more money than necessary just because they think it’s fair (or fair enough).
If this happens, it could cause issues down the road when another party enters into negotiations with your lawyer regarding future payment schedules or fees related to additional medical care that you need as part of your compensation package; these issues can make settling out favorably difficult, if not impossible!
Statute of Limitations
The statute of limitations is a law that sets the time limit for filing a lawsuit in court.
The time limit varies by state and by type of case. For example, in some states, you must file a personal injury claim within two years from the date of the accident or injury. In other states, you must file your claim with the courts four years after an accident or injury.
In some circumstances, a judge can extend your deadline for filing your case if you missed it because of unforeseen circumstances (like health issues). Your lawyer can also ask for an extension if you need more time due to exceptional circumstances (like out-of-state).
Conclusion
Personal injury cases can be complicated and confusing, but the most important thing to remember is that you’re not alone. You have the right to seek justice for your injuries, and with the help of a personal injury firm, you can recover damages from those who caused them.
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