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PERSONAL INJURY LAW

What is a "Personal Injury" Case?

 

Personal Injury cases are legal disputes where a person suffers an injury or harm from the actions of another person or legal entity such as a corporation or business. Personal injury cases are decided by civil court decisions based on legal precedent known as common law and laws created by elected representatives known as civil law.

 

 A personal injury lawyer helps their clients determine who is legally responsible for the harm suffered due to an injury which resulted from:

 

  • negligence
  • workplace injuries
  • vehicle accidents
  • defective products
  • medical mistakes.

 

The majority of personal injury cases are settled through negotiation, mediation or arbitration.

Personal Injury Lawsuits

 

A formal personal injury case begins when the plaintiff files a complaint against a person, business, corporation or government agency for actions which could be judged careless or irresponsible. These actions are connected to the injury or harm suffered by the plaintiff. A successful personal injury lawsuit will show the defendant was negligent in their actions with definitive proof.

 

Some benefits of pursuing a formal personal injury lawsuit are:

 

  • You could end up with a much higher verdict than the settlement you were offered.
  • The incident will become public record & may help others avoid the same issues you are facing.
  • Premature settlement may allow the defendant to avoid responsibility for unforeseen consequences of the injury or harm the plaintiff has received.
  • The court will be able to determine which party is at fault for the injury and the monetary value of the damages.

Informal Settlement

 

The most common way to resolve a personal injury claim is by an informal settlement. During the informal settlement process, the parties involved in the dispute, their respective insurers and attorneys representing both sides negotiate a written agreement. All parties involved agree to waive future action such as a formal lawsuit for an agreed compensation.

 

Informal settlements of personal injury claims have the following benefits:

 

  • Formal Trials are expensive with a significant out-of-pocket expenses.
  • Trials are stressful with both parties involved subjected to character questioning, cross-examination and weeks of labor intensive pre-trial meetings.
  • The unpredictability of a trial outcome due to the exclusion of evidence, unreliable witnesses or inconsistent testimony.
  • The trial and appeals process can take years. A formal lawsuit can take three or more years to complete.
  • A settlement is a private agreement while a trial is public record. Settling out of court may keep the details of the amount private for both parties. No record of negligence or intentional wrong-doing unlike in a trial where a defendant can be found legally liable if they lose the case.
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