Know your rights, protect yourself, learn how to claim justice in the event of wrongdoing inflicted unto you, and hit up this article about personal injury law.
Personal Injury Law, in a Nutshell
Personal injury law, also known as the tort law, covers occasions wherein you are harmed physically, mentally or emotionally, which in some particular cases may result in casualty, because of another person’s plain neglect or his sheer poor judgement and lack of caution.
The law is under the area of civil law and therefore cases that arise from non-compliance of the law do not bring about criminal charges and thus are not heard in criminal courts.
Now, when can you claim that there is actually any liability for the declared damages that lies on the accused? Up to what extent can the law cover for your claimed damages, side with you and grant you with justice in return of the harm allegedly caused?
Some of the Most Common Personal Injury Cases
Claims relative to this are civil cases whose general legal aim is to garner compensation, mostly in the form that is fiscal, rather than effecting actual punishment on the defendant such as serving jail term as are the situation and the objective in criminal cases.
Some of the most familiar of these claims encompass road and aviation mishaps, construction accidents, physical injuries and mental and emotional stress due to medical malpractice, health put at risk due to defective products sold, slip and fall accidents caused by unsafe or hazardous components in a certain location, even animal bites and burn injuries, and several other fairly inevitable unfortunate events that may or may not have been deliberately caused to happen by the defendant.
On the Other Side of the Law, the Common Defenses
To discard the claims of entire or partial liability for the alleged damages caused, the defendant may stand by the argument that the accuser is instead partially or even entirely responsible for his own injuries because of his own negligence to use caution.
Another justification that may be argued by the defendant is that the plaintiff decided on his own free will to participate in a situation wherein he knew there was the risk of getting into an accident and thus waives the alleged offender’s responsibility for the injured.
Personal Injury Cases at Work: Formal Lawsuit
As opposed to criminal cases, the individual on whom harm have been allegedly caused files for a civil complaint against the defendant that may be another private citizen, a company, an agency, or a medical services facility. The plaintiff officially claims that the latter is responsible for the damages due to utter carelessness and neglect.
Personal Injury Cases at Work: Informal Settlement
Following the logic that the cases are civil cases and are filed primarily to demand recompense, in most cases monetary, rather than the enactment of some criminal punishment like the imprisonment of the defendant, the involved agree to, or are advised to accept informal settlement.
Informal settlement basically takes the case out of the civil court. It means the parties involved arrive at an agreement or resolution after a negotiation. The complainant agrees to take the cash recompense offered by the accused and also pledges to not take any further legal action against the latter after the rectification.
If you are in any case amid some trouble due to somebody else’s negligence, think through your options and find a personal injury law firm which houses seasoned legal counsels specializing on your particular case.