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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.