The personal injury law, generally referred to as a law against crime, provides legal rights to victims who have been physically or psychologically injured as a consequence of negligence or crimes of another person, company, government or other entity. The personal injury laws are applied in several cases, including:
* Cases in which a person acts by negligence and therefore causes damage to another person. Examples of these types of cases include medical malpractice, fall and fall accidents, car accidents and some cases of toxic offenses, among many others;
* Cases in which a person consciously and intentionally causes damage to another person. These types of cases include murder, assault and battery;
* Cases in which a person may not have intentionally committed a negligence due to his or her own, can still be considered responsible for a personal injury claim. The cases of dog bites (according to some state laws) and some types of claims about product liability are examples of this type of personal injury law; i,
* Cases that involve character insults, such as defamations or slander.
What is the purpose of personal injury law?
The main purpose of the personal injury law is to provide legal rights to injured victims to be compensated financially after suffering a loss or injury that they would otherwise not have sustained if it were not due to negligence or omissions of the accused. The personal injury laws impose a legal duty on people and companies to make and relate to a minimum level of care and attention. It is anticipated that these laws encourage and promote good behavior and reduce bad behaviors; Therefore, the personal injury laws have an important purpose for the general public.
HOW DOING PERSONAL INJURY CASES TYPICALMENT WORK?
Although no case of personal injury is exactly the same as another because there are no exactly the same accidents, usually these types of cases usually follow these steps:
The accused is injured by a defendant
Except for contractual breaches, this can be almost any unscrupulous act on the accused party.
The accused is determined to have failed to have legal liability in the face of the plaintiff
The incomplete duty depends on the particularities of the particular case. For example, manufacturers and / or distributors have a legal duty not to allow the entry into the market of dangerous or harmful drugs.
If there is clear evidence for all the parties involved that the accused does not comply with their contractual obligation, the accused may choose to resolve the matter outside the court by offering monetary compensation to the plaintiff to prevent him The plaintiff filed suit against the accused.
If the plaintiff does not accept the accused's offer, he may continue in litigation. A solution can be offered and negotiated after filing the lawsuit at any time until the jury or the court has announced the verdict.
The lawsuit filed suit against the accused
When the claimant initially presents a case, he must be prepared to indicate what is the legal basis of the claim and what type of remedy he wants to request in compensation for his injuries.
The defendant submits an answer to the plaintiff's claim & # 39; s
The defendant must respond after having been assisted by some type of officer (usually a sheriff or a process server) within a specified period. If the accused does not provide an answer in the given time, a default sentence will be issued and the plaintiff will automatically win.
After the arrival answers an answer, the period preceding the test begins
This period is intended to build each case and collect evidence to support both sides of the case. A finding can be made between the parties, expert witnesses can be hired and depositions may be made during this time.
The plaintiff must demonstrate that he owed a duty, that this duty was breached by the defendant, that the breach by the accused directly caused the plaintiff's damages or that the plaintiff suffered injuries.
The jury or the judge (banking processes) have the responsibility to determine the plaintiffs' prizes for damages based on factors such as out-of-pocket medical expenses and the severity of the physical, emotional or psychological pain suffered by the act. due to your wounds.
WHY CAN CONSIDER THE CONTRACTING OF A PERSONAL INJURY JUDICIAL
When it is tried to present a case for personal damages without legal representation, the plaintiff must take into account that the defendant who claims has had experienced lawyers working and fighting on his behalf. The Insurance Research Council conducted a study in 1999 that indicated that the average person will receive an agreement three and a half times greater when represented by a personal injury lawyer than when presented without representation. The litigation process is usually too complicated to handle the sun. If a person who claims to file a claim is unaware of the law or if the case takes an unexpected turn and comes out of hand, he may consider hiring a personal injury lawyer who can evaluate all aspects of his claim and fight for all justifiable financial resources. compensation due to the victim.