Accidents happen and no one is exempted from it. And when it does, it often results to confusion and pain not just to the victim but also to the person’s loved ones. The most important thing is for you to know how and when to take the steps in claiming your legal rights after an injury or accident happens. That is why even before you encounter any mishaps, it is important to have all your questions on personal injury cases answered.
A personal injury case refers to any legal dispute which results after a person was injured or harmed because of an accident. The case is filed when someone is at fault and the person is legally responsible for what happened. Such case is processed by civil court proceedings which seek to know who is legally at fault. This can be done through a court judgment or may be resolved through an informal settlement process. Once the issue can never be resolved informally, only then will there be a need for a lawsuit to be filed.
Formal Personal Injury Case
Otherwise termed as “formal lawsuit”, this occurs when the plaintiff files a civil complaint against a corporation, business, government agency or another person. The plaintiff would claim the defendant to be allegedly irresponsibly and careless causing the accident to take place, resulting to harm and injury. The act of filing the case is technically termed as “filing a lawsuit”.
Sometimes, a formal lawsuit will not be needed. This is when the issue is resolved through informal early settlement. This is when the people involved in the case will meet together. They comprise the individuals involved in the disputes, their lawyers and their insurers. Following the negotiation, a settlement will be made. This will be put into writing wherein both sides will put their agreement in writing. The matter is resolved by paying the plaintiff a certain amount of money as agreed by both parties.
It is important that a complaint will be filed early since there is what we call the “statute of limitations”. This refers to the time as stipulated on the statute of limitations which commence from the time the injury took place. The stipulated time (State of limitations) will differ according to the type of injury as well as the time established by the state law. This means, the time will vary from state to state.
Laws governing personal injury cases are made through court decisions as well as treatises made by legal scholars. Meaning, court decisions will always be the major source of the law governing personal injury cases.
When filing a personal injury case
When you are planning to file a personal injury case, you need to know the processes, fact and laws of such case. You will need legal guidance as well and a reliable personal injury lawyer who will help you pursue your case well. Therefore, choosing the right legal representative to represent your case will be very crucial. This will have great impact and determines the possibility of winning your case.