Pain and confusion are often results from any accident. More common from are personal injury cases that could bring even more devastation to parties involved. A personal injury case is legally recognized as disputes arising from an accident as a result of one or more people suffering various degrees of damages.
What is a personal injury case?
Personal injury law allows an injured person to seek compensation for the damage suffered in an accident where an at-fault person is identified. The at-fault person is assumed negligent, and as a result, his action leads to the injury sustain.
Common types of personal injury cases
Personal injury cases can stem from the various type of situations. It should be noted that not all injury cases lead to someone bearing the liability, but cases where someone is found to be negligent as a result of an injury, a personal injury case may be established for compensation.
The various types of personal injury cases include:
- Car accident cases. Of all types of personal injury cases, a car accident is most common. It could involve two cars crash, or a car hits a pedestrian, a motorbike, or bicycle. It could also result from own- accident due to speeding, distracted driving, and so on where the driver is found negligent.
- Medical malpractice. Professional negligence where a doctor failed to observe due professional care leading to patient’s injury. This type of personal injury case is usually complex in nature as the law requires the plaintiff to prove professional negligence against the defendant.
- Slip and fall cases. This type of personal injury case is often against the property owner for failing to warn users of the premises of any hazard within the premises capable of causing an accident or failing to remove possible risk causing material or impediment that lead to an accident for the victim.
- Dog bites. A dog owner takes responsibility for the action of their dogs. When a dog bites, this responsibility makes them liable for damages and will bear financial costs of the injury caused.
- Assault, battery and intentional torts. The attack on another person carries criminal charges against the attacker. The person who suffered the attack also has the right under the law to press personal charges and make a claim for damages for the injury sustained.
Pursuing personal injury cases may resolve their cases via two options:
- Informal settlement. This is the most common means of settling most personal injury cases. People involved in such situations will meet and resolve the matter amicably without recourse to the law court. However, the resolution of such case should have a written agreement to document the settlement.
- Lawsuit settlement. A personal injury case will start with the plaintiff filing a formal suit against the defendant to ask for justice in the law court. However, the law requires the person who filed the case to argue before the court his case against the defendant. This is different from criminal proceedings where the state is the prosecutor against the accused to uphold the law breached.
It should be noted that personal injury cases must be instituted within a limited time framework. The period means the time an injury occurred or when the plaintiff discovered the injury and the time allowed by law to initiate a case of damage. Such time differs from state to state in America.
If you are involved in personal injury, it is recommended to see a personal injury lawyer for advice.