The Ins and Outs of a Personal Injury Case

A legal contest that usually takes place between two private parties is defined as a personal injury case as long as one party is seeking damages from the other party as a form of compensation because of the injuries they suffered. The ‘tort’ law is used for basing the cases of personal injury law. The law of tort basically refers to a legal wrong that’s committed by individuals or organizations. Plaintiffs are usually a group of people or even individuals who file a personal injury case by alleging that they were either emotionally or physically harmed because of the intentional actions or negligence of the other party that’s known as defendants.

Typical Cases

There are different types of personal injury cases that can be filed and the most common ones include those that are based on claims of negligence, which involve medical malpractice, slip-and-falls and car accidents. Some deliberate and intentional torts can also be included in personal injury such as assault and battery, defamation of character, trespass and theft of copyrights and trade secrets.

Proving the Case

The law of negligence states that it is essential for a plaintiff to provide proof supporting the fact that the defendant had a duty of acting safely and reasonably and they breached that duty. Thus, because of this breach and the negligence of the defendant, the plaintiff had to suffer harm.

Understanding Negligence

The term negligence has to be understood in order to prove that it occurred. In simple terms, negligence means acting in a way that’s not in accordance with a specific form of conduct, which can put people at the risk of injury and harm. Firing a gun carelessly, not warning customers about the wet floor, letting employees use a malfunctioning machine and speeding on a slippery roadway are some examples of negligence.

Damages

If the personal injury case is taken to court and the plaintiffs end up winning, the damages that are usually awarded by the jury are for compensating the party of any medical expenses, lost wages and the pain and suffering they endured. There are also cases where the jury may force the defendant to pay additional damages as a way of punishing them for their negligent conduct. A maximum amount of damages that can be given to plaintiffs has been affixed in most states by the law governing personal injury cases.

Cost

It is not the habit of lawyers to charge upfront fee from their clients when they are filing a personal injury case on their behalf. They work on the basis of contingency fee, which means that they are paid a portion of the damages awarded to the client, along with other expenses.

Trial

Many personal injury cases are frivolous in nature and judges will simply throw them out. Lever Ecker injury attorneys will usually advise clients on settling the matter outside of court because of the high litigation costs.

Time Frame

While this can vary from state to state, usually plaintiffs have two years for filing a case of personal injury.

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