Personal Injury Ocala

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The basics of personal injury law

Posted by on Sep 28, 2015

A personal injury legal case takes place when someone suffers harm from an accident in which someone else holds legal responsibility for that harm. Such a case is formalized in a civil court proceeding that seeks to find whoever is responsible and hold them to account through a court judgement. It is hence important to know the basics of personal injury law so that you can be in tune with what is involved. The outcome of a personal injury case is to redeem the injured victim by awarding them damages in form of financial compensation which could cover medical expenses or compensation so that the injured person gets on with their life comfortably. 

Personal injury laws: The basics include origins of the laws. Personal injury laws date back to the old common law rules which were made by judges. Personal injury laws differ from state to state. Though the decisions that are made in personal injury cases by judges are binding and set precedent for other similar cases. 

Personal injury laws cover a number of key areas. One of them is accidents. The law applies when someone does an action which causes another harm by being careless and negligent. If a person totally shows disregard for another causing them an injury, they have a case to answer. Examples of such include medical malpractice and slip and fall accidents as well as vehicular accidents. The scope of personal injury laws also covers defamation. Defamation cause harm to someone’s reputation and embarrassment that is meant to injure their character and standing. 

The other basics of where personal injury laws apply is when defective products cause harm to an individual. The nature of the injury in such a case does not have to be intentional or guided by negligence. Cases of assault are in the classification of intentional acts of causing harm and injury. One can be taken to court to answer for deliberately causing an injury which they will pay damages for or be charged and prosecuted for crimes to do with assault. 

There is a standard in the application of personal injury laws. This happens when the plaintiff determines that the defendant abdicated a legal duty which is bestowed upon them. A good example is that a doctor is obligated by law and medical statutes to take care of their patient to the standards of which a professional doctor ought to. So if the plaintiff feels that they did not carry out their duties well enough to cause them harm, they can go forward with the case. If the defendant commits a bad act to injure the plaintiff, it meets the standard under personal injury laws. Settlement talks can occur outside of curt where the defendant can make the plaintiff and offer in form of compensation or medical bills. If they agree on a settlement, then the case is effectively over. If not, the plaintiff will file a personal injury lawsuit. 

Personal injury laws: The basics should include contacting and hiring a personal injury lawyer with experience and legal know-how. They will be able to assist you in the case and give you a win in curt which would mean compensation in addition to giving you guiding advice.

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How to know if you qualify for a personal injury

Posted by on Sep 28, 2015

In life, accidents are bound to happen; sometimes they can cause huge or just minor damages. Moreover, it may lead to people filing Personal injury claims to receive compensations for their damages or losses. However, the difficult part is normally when you have to establish or decide whether to file for a personal injury claims. Furthermore, sometimes you notice damages weeks after or even months. Therefore, it can get so hard to make up your mind. 

Most often people are involved in accidents or incidences. These incidents can be car accidents, a malpractice, among other things. As mentioned above people are faced with difficulty in deciding whether they qualify for a personal injury. This article provides you with the necessary information on how to know if you qualify for a personal injury. But first, you have to understand what a personal injury claim.

Personal injury 

A personal injury is any physical injury, mental injury, or any sort of illness that can be associated or caused by an accident or any malpractice. For instance, injuries caused at work especially if the employer does not provide safety measures to his or her employees, injury caused by bad or faulty products, psychological or mental injuries caused through harassment or abuses, or a car accident where the other party or parties involved are on the wrong. 

What to do in case of an accident, incident or an harassment

First things first, for a personal injury to be filed in court, you have to be involved in an accident, or incident that led to damages. However, before that, there are factors that you should know. For instance after filing the claim in court, the jury will not just decide to award you even when your injuries or damages are evident. They first have to establish if there is any case at all. Normally, these claims are filed in case it was the fault of the other party or the parties involved. 

Three elements have to be established first. In order to solve them, the following questions have to be answered:

• Was the other party or the third party responsible?

• Have you suffered a personal injury that have led to damages?

• Was the other party involve directly or in this case, the defendant, cause your damages? Therefore, to know if you qualify for a personal injury claim, first the defendant has be responsible, and they have to have really caused the accident. Thirdly, you must have suffered damages that maybe in terms of medical bills, damage to property, among other things.

Bottom Line

If you strongly believe that, the other party was involved and they were acting carelessly or they neglected their duty. For example, if they were supposed to do something that would have prevented the incidence, but they chose to ignore it. For example, ignoring a road sign or traffic rules and eventually causing an accident. Furthermore, if you have suffered losses because of the injury. Then at that point, you should file a claim with the court. And that is how to know if you qualify for a personal injury.

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