Personal Injury Claims
Whenever there are tort claims, regardless of what it is about, intended or not, through negligent acts, or by strict liability, there are two fundamental issues there. They are liability and damages. If you got damaged, then will the defendant be liable for it and what are the extent and nature of these said damages? If you can prove them, the justice system will reward you compensation.
What Is A Typical Personal Injury Case?
A perfect example of how the tort system operates is automobile or vehicle accidents. This is because it is where there are personal injury actions the most. The negligence can come in the form of being injured by the driver who was careless since it’s their job to be careful. When they fail to do that duty, and an injury happens as a result, you can be compensated for your losses or recouped. The laws might differ in your state though.
However, negligence is far more than just claims due to car accidents. It’s usually the basis too in making on liable in most personal injury lawsuits like medical malpractice.
What Are Other Reasons Aside From Negligence?
Strict liability is significant in tort law and is still growing. With this, you can hold manufacturers liable if they have defective products. With these cases, you, or the injured party, don’t have to be the one to establish the other party’s negligence. You need to show the defective product and how it became dangerous.
An intentional wrong is also one of the bases for these kinds of claims, but they’re not as often used. An example is when someone hits you. You could sue them for battery even if they did it jokingly. Also, if someone falsely accuses you of something like stealing, you may win a suit for false imprisonment. There are perpetrators of intentional torts like assault and battery, and they can be held criminally liable, but a tort case is a civil case, so it’s separate from criminal charges by the government.
What Happens If I File A Lawsuit?
You will be the plaintiff and the person who did the damages as the defendant. Lawyers of both sides will then gather facts by exchanging documents, asking questions, or depositions. This is called discovery. But most of the time, cases get settled before even reaching the trial. It’s rare for a personal injury action to reach trial.
What Will I Get If I Win?
If you win, you will get awarded money also known as damages for your injuries. This can be compensated for things like medical bills and lost wages. It can also be compensation for the suffering or physical disfigurement you’ve experienced due to the injury.
What Does It Mean To Settle A Case?
To settle a case means to accept money and drop charges against the defendant or the one who caused the injury. You will sign a release that will absolve them from liability. Your lawyer will first help you decide whether you should settle by giving you a prediction and assessment of how your lawsuit can go. You get to choose, not the lawyer.
Will The Other Party Get Punished For Injuring Me?
Since personal injury cases are civil cases, no they cannot get punished. Punishments are only for criminal cases. Those who cause the injury or the defendants in civil actions do not get jail time or stiff fines to get punished. Jail time and stiff penalties are for criminal sentences and not for civil cases. However, there are rare times wherein the juries can award this thing called punitive damages to the defendant if their actions injured you.
Do I Need To File The Case Within A Specific Period?
There is this thing called statutes of limitations that is the period when you can file for a personal injury lawsuit. Some cases take a little as a year for you to file for a vehicle accident. If you miss the deadline, your case will get thrown out of court.