Here Are the Basics of Personal Injury Law, According to a Personal Injury Attorney

1. September 19, 2017 Here Are the Basics of Personal Injury Law, According to a Personal Injury Attorney When you have suffered an injury as a result of someone's carelessness, recklessness or neglect, you may choose to file a personal injury case. Such litigation can help the victim find some justice from all of the emotional strain, physical pain, and life-changing impacts from the injury. Subsequently, such a claim can prevent the liable party from committing the same act against someone else. Those interested in learning more about filing a personal injury claim should heed some insights from a personal injury attorney about laws in this regard. 1

2. It Ends up in a Formal Lawsuit A personal injury case, unlike criminal cases initiated by the government, is filed as a civil complaint. It can be filed against another individual, a corporation or even a government agency. Once the case is filed, you will become known as the plaintiff and the person or entity you filed the complaint against becomes the defendant. Subject to a Statute of Limitations It's important to note that your timeframe for filing a personal injury claim is limited based on what is stated on the statute of limitations. The statute of limitations usually varies by state and sometimes, by the type of injury incurred. Generally, however, the timeframe begins from the moment the plaintiff is injured or initially discovers his or her injury. A Number of Injuries Covered Under personal injury law, an attorney typically deals with a number of common injuries. Some include spinal cord damage and paralysis; neck and back injury; traumatic brain injury and soft tissue injuries. All of these injuries commonly result from vehicle accidents. Alternatively, some personal injury cases involve victims suffering from broken or crushed bones— incurred while performing office duties or simply walking down the street. Some personal injury cases might involve burns, sometimes sustained from working in unsafe commercial kitchens or factories that regularly expose workers to dangerous toxic chemicals. Reaching an Informal Settlement In some cases, personal injury complaints are resolved through an informal early settlement. Typically, the settlement begins as a negotiation, followed by a written agreement in which both parties jointly decide to forego any further legal action. At the same time, the agreement might also 2

3. stipulate the amount of compensation to be doled in resolution of the dispute. The attorneys representing both parties, as well as the insurers, are involved in negotiations until an agreement is reached. It May Result in a Trial Failing a settlement, personal injury cases then go to trial. In this case, it's up to the personal injury lawyer to prove that the other party is liable for the injuries you sustained. To affirm this, your attorney may call on witnesses to provide their professional opinion in support of your claim. Depending on the nature of the incident, these witnesses might include accident reconstruction specialists, doctors, or other experts in these arenas. Keep all of these basics in mind, especially if you are looking to file a personal injury case of your own. Once you understand the rudiments involved, you can stem any anxiety or fears about the entire ordeal. An experienced personal injury lawyer can fight for you to make sure you do not suffer in vain. About D & Z Law Group: At D & Z Law Group, we readily take on all kinds of personal injury cases. When you present us your case, we will assign you a personal injury attorney who will be dedicated to making sure that the other party will be held liable for their reckless and careless actions. Sources: Personal Injury Law: The Basics, injury.findlaw.com Learning the Basics: Personal Injury Law, alllaw.com Personal Injury Law, hg.org Deadlines to File a Personal Injury Lawsuit, alllaw.com 3