What is Personal Injury Law? Personal injury is a legal term for an injury to the body and/or mind. Personal injury law refers to the legal remedies involved in a civil lawsuit brought as a result of wrongful conduct. The word “tort,” a Latin term which means wrong or harm, is often used when referring to personal injury law. When a lawsuit is filed for a personal injury case, the injured party who is bringing the lawsuit becomes the plaintiff in the case and the person who is liable for the injury becomes the defendant. Personal injury law essentially protects those who can’t protect themselves.
Negligence in a Personal Injury Case
Personal injury cases involve a plaintiff seeking compensation for the harm caused by someone else’s negligence. Negligence involves harm caused by carelessness, not intentional harm. The doctrine of negligence requires people to act responsibly and avoid putting others at risk. Examples of negligence include medical complications caused by a physician’s carelessness, and car accidents caused by drunk drivers. In both instances, the responsible party ignored the risk and as a result the plaintiff was injured.
Once negligence has been established, the defendant must compensate the plaintiff for injuries and damages that were caused by their actions. Certain types of damages are easy to calculate, such as property damage and medical bills. However, emotional distress and loss of earnings can be more difficult to prove, therefore expert testimony and additional evidence may be required.
Defective Product Liability
Defective products are another common tort that involves injuries. In such case, the manufacturer acted negligently by designing and selling an unsafe product. Plaintiffs that are harmed by a defective product can bring a lawsuit under the strict liability theory. If you are injured by a defective product, you do not need to prove that a manufacturer was negligent. However, you do need to prove that the product was defective by showing the injuries you suffered.
The Components of a Personal Injury Case
There are two parts of personal injury claims – liability and damages. In order to receive compensation of your loss, there must be proof of both liability and damages. It must be proven that the defendant is in fact liable for the damages sustained, and the damages sustained must be shown.
Why Settling a Case is Beneficial
Plaintiff’s lawyers often settle cases before they go to trial because they know that jurors can be very cold as they’ve been barraged with violence on the news and have become desensitized. Jurors usually do not have empathy for the person who’s been harmed, thus it is beneficial for the plaintiff to accept the settlement offer. Settling a case essentially means that the plaintiff agrees to accept money in return for dropping the action against the person who injured them. An actual release must be signed to make it official and for the settlement process to be completed.
What are Statutes of Limitation?
When bringing a personal injury lawsuit against a person or company it is important to be conscious of the statute of limitations. A statute of limitation is a law that limits the time period within which a person can file a lawsuit. There are several different types of statutes of limitation for various types of lawsuits. The statute of limitation for a personal injury case in New York is 3 years from the date of the accident, with the exception of a medical malpractice case, which is 2 ½ years from the date of the accident. Retaining an attorney will help avoid the unfortunate circumstance of violating the statute of limitations.
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