What Are the Different Types of Personal Injury?
April 26, 2024What is the Deadline for Filing a Personal Injury Case?
May 10, 2024Personal injury law is designed to protect a person if they or their property is harmed because of someone’s actions or failure to act. This type of law allows the injured person to file a civil lawsuit in court and seek a legal remedy for their losses. A personal injury claim helps a person to be made whole again after suffering harm due to another person’s negligence or conduct.
The person seeking monetary compensation for their medical bills, lost income, pain and suffering, or other financial loss will file the personal injury lawsuit. To succeed in their case, the person filing the lawsuit must prove that the defendant (the person being sued) was negligent or at fault for the victim’s injuries.
The two likely outcomes of a personal injury lawsuit are a settlement or a trial. Many personal injury lawsuits are resolved in a settlement. A settlement is typically a written agreement in which the parties (those involved in the accident, the insurance company, and the attorneys) agree to resolve the matter through payment of an agreeable amount. There may be negotiations or mediations prior to an agreement being reached.
With a trial, a personal injury attorney files a lawsuit on behalf of the victim. The lawsuit alleges that the other party acted carelessly or irresponsibly in connection with the accident that caused the harm. If the parties cannot agree to a resolution, the case will go to trial. The judge or jury will hear the evidence presented and decide who is liable for the victim’s injuries and financial losses. If the defendant is found liable, the judge will order them to pay damages to the victim.
The amount of damages will be based on the specific circumstances of the accident. The court will take into consideration the severity of the accident, the victim’s medical expenses, lost wages, future care needs, any permanent injuries, and other factors.
Depending on the type of personal injury and the extent of the damages, the lawsuit can take anywhere from two months to several years.