One often misunderstood aspects of law, and one which is also among the most important, is personal injury law. While the name might make it seem fairly simple to understand, there are some points to consider first and we are going to take a look at them now.
What Is Personal Injury Law?
Personal injury law is a tort law which ‘allows an injured person to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or other incident.’ In other words, it enables someone who has been physically, mentally or emotionally injured due to someone else's carelessness or intentional conduct to be compensated financially or "made whole".
Situations Where Personal Injury Rules Apply:
Accidents- personal injury rules most often apply when someone acts in a negligent manner, and in which the carelessness of one causes harm to another. This can include car accidents, slip and fall incidents, medical malpractice and more.
Intentional Acts- when someone’s intentional conduct causes harm to someone else such as the case with assault and battery.
Defective Products- product liability claims arising from a defective product injury without any negligent or intentional wrongdoing has occurred, also fall under personal injury law.
Defamation- if harm has been caused to someone else’s reputation by someone’s defamatory statement, they can sue for damages.
How Does A Personal Injury Case Work?
While, no two accidents are identical in nature, personal injury cases typically follow the same set of steps. Let’s take a look at these steps so you can better understand how personal injury cases work.
Defendant Does Something To Injure Plaintiff- this includes the intentional or unintentional action of causing harm to the plaintiff.
Plaintiff Determines That Defendant Breached A Legal Duty- if it is determined that the defendant has breached a legal duty, then the case will move on to the next step.
Settlement Talks Occur- when it is made clear that the defendant has breached a legal duty, and the defendant wants to settle outside of court, settlement talks will occur.
If the defendant and the plaintiff come to a settlement, the case ends. If not, the plaintiff can then file a personal injury lawsuit.
Contact Aman Solicitors Advocates
To learn more about personal injury law, contact Aman Solicitors Advocates today and speak with an experienced legal professional who can answer any questions you might have.
If you enjoyed this article, please feel free to share it on your favourite social media sites.