You may encounter an injury that results in filing a personal injury lawsuit. But before you do that, it’s important to learn a few basics about personal injury law, how it works, and what types of cases come into this category of law. In simple words, personal injury law falls in the category of civil branch of law. Also known as tort law, personal injury cases are filed by a person who has been hurt by another person or an entity that has caused their injuries. The complaint seeks financial compensation for losses incurred as a result of the accident, including medical expenditures, lost wages, and pain and suffering.
To win a personal injury lawsuit, the victim needs to demonstrate that the defendant is responsible for the injuries. This entails proving that they were careless or somehow responsible for the accident. Injured individuals are legally entitled to compensation for both physical pain and emotional suffering. Since understanding legal matters can be complex, you might need to hire a personal injury lawyer to evaluate your case and file a lawsuit.
Filing Personal Injury Lawsuit
The injured victim can file a lawsuit against the at-fault party to recover financial compensation. Such cases typically have two types of outcomes- formal lawsuits and informal settlements.
Formal Lawsuit – Criminal cases like murder or assault are initiated by the government. However, personal injury is a civil law where the case is filed by a private individual (the “plaintiff”) against another person, business, corporation, or government agency (the “defendant”). The plaintiff alleges carelessness or irresponsibility in connection with an accident or injury that caused harm. The case is resolved in the court where both parties present their side.
Informal Settlement – Most of the time, personal injury disputes are resolved through informal early settlement. Those who are personally involved in the dispute, their insurers, and attorneys representing both sides engage in conversations. Negotiations take place and the settlement is reached through mutual agreement. If there’s a disagreement, a lawsuit can be filed.
Types of Personal Injury Lawsuits
A personal injury case can take many forms. However, in all cases, the damage is caused due to someone else’s wrongful actions or omission that causes harm to another person. For instance, a retail shop owner failed to put a wet floor sign after mopping or doesn’t repair a defective step that resulted in a slip-and-fall accident. There are many other such cases where a person could get harmed due to the actions or inactions of others. Some common examples of personal injury include:
- Auto accidents
- Slip/Trip& Fall
- Wrongful Death
- Premises Liability
- Construction Site Accidents
- Product Liability
- Medical Malpractice
- Police Misconduct
- Battery
- Assault
- Infliction of Emotional Distress
- False Accusations/Defamation
Reaching out to an expert personal injury lawyer is the best way to achieve justice after a personal injury. These lawyers are well-versed in tort law and know the policies of insurance companies. Their legal knowledge and experience help in evaluating the claim and securing the best payouts. Personal injury lawsuits help victims get compensation for losses that typically cover-
- Actual bodily harm
- Pain and suffering
- Emotional distress