Injuries happen all the time. They happen at the work place, in your own home and even outdoor in the public. Other than bodily harm, injuries may result in psychological trauma and this may interfere with the ability of the victims to comfortably go about their activities. Injuries, however, are as a result of two aspects; bad luck and negligence. Injuries as a result of bad luck are just that, a misfortune. But injuries as a result of negligence, on the other hand, have legal implications and the victim can choose to sue for in a court of law. This could be the last thing that you want to be doing when you in pain and suffering but it is only fair that those responsible for your pain and suffering be held responsible. In this piece, we highlight what personal injury law is and what you need to pursue such a case legally.
The definition of a Personal Injury case.
A personal injury case is a legal dispute whereby a person is harmed as a result of an injury or an accident and another person or organization is responsible for the harm to the victim. Such cases can be handled through civil proceedings in a court of law where proceedings of the court are sought to determine whether another person or organization is at fault for the harm suffered by the victim. They can also be settled outside the court of law through informal settlements.
- A formal personal injury lawsuit.
Such cases are different from criminal cases that are usually brought forward by the government through its various legal agencies. A personal injury claim is initiated by a private individual who files a civil case claiming that another person, organization or government agency acted irresponsibly or carelessly and this resulted in injury and bodily harm. This whole process is known as a “Filing a civil lawsuit”.
- An Informal settlement.
As the name suggests, an informal settlement when it comes to Personal Injury Cases are handled outside the court of law. The parties involved in the case negotiate and come to a conclusion that may include but is not limited to a financial settlement. The parties in the negotiations include the victim and his personal injury lawyer as well as the accused and their attorneys. They may also include insurance firms representing either party. Once the settlement is done, both parties agree to forgo further legal action beyond this point as it relates this particular case.
Things to consider.
Those looking to have their personal injury claims handled through formal court proceedings, should do so in a timely manner. The Statute of Limitations dictates the amount of time that a person can file a lawsuit for a personal injury case. The time window allowed by the Statute of Limitations varies with the type of injury suffered and it is up to you to seek wise counsel so as to make sure that you file your case within the right timelines.