Personal Injury Lawyer
Personal injury law, also known as tort law, is a legal field that allows an injured individual to go to civil court and seek a legal remedy (damages) for all losses stemming from an accident or other incident. The purpose of this system is to allow the injured party to recover financially or “be made whole” after suffering harm due to someone else’s carelessness or intentional conduct.
In a personal injury case, damages are paid to an individual (the plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). The damages awarded are intended to compensate the victim for their injury, and they include payment for medical bills, property damage, lost wages, pain and suffering, emotional distress, and, in some cases, punitive damages designed to punish especially reckless conduct.
Common Injuries For a Case
Personal injury law covers a broad spectrum of incidents, the most common of which include car accidents, slip and fall accidents, medical malpractice, product liability, workplace injuries, and assault. However, any situation where a person suffers harm due to another’s negligent or intentional conduct can potentially become a personal injury case.
Negligence & Statute of Limitations
Most personal injury cases follow the principle of negligence, which requires every member of society to act responsibly and avoid putting others at risk. Negligence occurs when one fails to exercise the level of care that a reasonable person would in the same situation. To establish negligence in a personal injury case, the plaintiff must prove four elements: duty of care, breach of that duty, direct causation, and damages.
However, some cases do not rely on negligence. Strict liability, for example, applies to product liability cases, where manufacturers are held responsible for injuries caused by defective products, irrespective of whether they were negligent or not.
Another critical aspect of personal injury law is the statute of limitations. This is a law that sets a time limit on your right to have a lawsuit heard in the court system. The clock typically starts running on the day of the accident or injury, and if you fail to file a lawsuit before the statute of limitations expires, you lose your right to sue.
While many personal injury cases are resolved through settlement negotiations outside of court, some cases do go to trial, especially if the parties involved cannot agree on who was at fault or the proper amount of compensation. It’s worth noting that personal injury law can be complex, and each case is unique. It is usually advisable for victims to consult with a Personal Injury Lawyer from a firm like Therman Law Offices, LTD who can evaluate their case, guide them through the legal process, negotiate with the defendant’s insurance company, and advocate for their rights in court if necessary.
Personal injury law aims to help individuals receive the compensation they deserve after an injury caused by someone else’s negligent or intentional behavior. Whether through negotiating a fair settlement or taking a case to trial, personal injury law is about holding people or entities accountable for their actions and ensuring that victims are made whole for the harm they have suffered.