Personal Injury Lawsuits
Personal injury lawsuits are filed by the victim of a personal injury against the liable party in order to seek compensation for damages. Personal injury lawsuits can be brought against a party for negligence, strict liability or intentional wrongs. A party can be charged in personal injury lawsuits for negligence if they failed to prevent injury. Strict liability personal injury lawsuits involve a party's defective product or drug. Intentional wrong in personal injury lawsuits involves willful or malicious wrongdoing on behalf of the liable party.
Personal injury lawsuits can be brought under a variety of circumstances. Personal injury lawsuits can be filed for car accidents, work injury, drug injury, medical malpractice, nursing home abuse, slip and fall injury, exposure to toxic materials, dog bite injury, and in cases of wrongful death. If personal injury caused death, personal injury lawsuits can be filed by a decedent's beneficiaries or dependants in order to seek compensation for damages.
In personal injury lawsuits, a victim seeks compensation for the injuries they have suffered. Compensation can include medical expenses, disability or deformity, loss of income and pain and suffering. In cases where the defendant acted maliciously or willfully, punitive damages may also be awarded. Punitive damages in personal injury lawsuits are intended to punish the responsible party and deter others from committing the same acts.
Most personal injury lawsuits can be settled out of the court system through negotiations with an adjuster from the defendant's insurance company. If negotiations cannot be reached in this manner, a Complaint of Law can be filed in the appropriate civil court. Personal injury lawsuits are best handled by a qualified attorney who can protect and maximize a victim's interest.
The laws regarding personal injury lawsuits in each state are different. All states have a statute of limitations which places a time restriction on when personal injury lawsuits can be filed. This time usually begins on the date when the injury occurred, however there are exceptions to this rule.
In personal injury lawsuits, two things must be proven by the victim. The first thing that must be established is that the defendant was, in fact, responsible for the injuries that were incurred by the victim. The extent of the damages also must be proven in personal injury lawsuits.
If you feel that you might be eligible to file personal injury lawsuits, you should immediately contact us and we can advise you of your legal rights and options.
Do I have a Personal Injury Case?
You have a case if the actions of another individual operating an automobile, truck, airplane, motorcycle, or other motor vehicle were careless. Careless is simply another word for negligent, which is defined as failing to do what a reasonable person would do, given a certain set of circumstances. For example, if an individual failed to stop his vehicle at a red light, as a normal person would, he could be considered negligent and responsible for damages. These can include personal injuries caused by his actions for any pain and suffering, permanent injuries, disabilities, or even death.
In order for damages to be sought, an injury need not be physical. Such cases that involve being subjected to extreme emotional distress or verbal abuse may also entitle you to damages. In the case of a death within a family, surviving family members can recover damages through wrongful death laws & litigation.
Although many personal injury cases only involve minor injuries, you may still be entitled to substantial monetary damages. Medical expenses, no matter how small they are, including hospital expenses, medications, personal therapy can be recovered. In addition, in cases of extreme negligence, punitive damages can be recovered to ensure that the conduct is not repeated in the future.
There is an increased use of mediation as a means of resolving personal injury claims. During the past several years this process has become one of the most widely used methods of arriving at a reasonable compromise settlement in an personal injury or wrongful death claim, especially in claims that would be the most expensive and difficult to litigate to a jury verdict. When approached effectively, it ends the claim or litigation without any further costs to the client; when it fails, the injured individual proceeds to use the regular procedures of litigation and jury trial without any penalties. Additionally, mediation is an extremely cost-effective procedure that could save the injured person an enormous amount of money in litigation expenses.