Generally defined, cases that involve any kind of personal injury are legal disputes in which one individual ends up suffering harm either from an injury or an accident, with another individual potentially being legally responsible for the harm that was suffered. Oftentimes, the responsible party’s insurance company will end up paying the injured individual for the following:
*Pain and suffering
*Other various ongoing medical expenses
In the event that the dispute involves some type of medical malpractice, however, your attorney will take the time to work closely with both hospital attorneys and insurance companies in order to ensure that you are able to obtain everything that you rightfully deserve.
Whenever a personal injury case ends up going to court, the court session itself will look to determine others who are legally at fault via a judgment. Other times, these types of disputes can be resolved via more informal settlements prior to the filing of a lawsuit, which is an outcome that is much more common.
In the event that a lawsuit is filed, this typically begins whenever the plaintiff files a civil complaint against the defendant, whether they be another individual, business, government agency, corporation, etc. The complaint will often allege that the defendant acted in an irresponsible or careless manner pertaining to the injury or accident that caused harm to the plaintiff.
In terms of an informal settlement, this is something that takes place involving the plaintiff, defendant, their respective insurance companies, and their respective attorneys. Typically, a settlement will consist of a negotiation and a written agreement stating that both parties will not proceed with any further legal action and instead will resolve the issue via payment of an amount of money that both parties agree will be acceptable.
When it comes to filing a lawsuit involving a personal injury case, a plaintiff will have a limited amount of time in which they can do this. This is what is commonly referred to as a statute of limitations, the period of time of which begins when the plaintiff themselves either becomes injured or discovers the actual injury. It is also during this specific timeframe that the plaintiff must obtain the services of an experienced attorney who not only will offer an acceptable attorney-client relationship, but one who will also sue the responsible party for punitive damages and ensure that the responsible party’s insurance policy will pay this amount in the event that you win your case. Statutes of limitations are established by state laws and also may vary depending on the type of injury that an individual sustains.
The overall development involving personal injury laws have mostly occurred through decisions handed down by courts as well as in treatises composes by legal scholars, as opposed to other specific areas of the law in which their rules are easily found in statutes. Multiple states have opted to summarize personal injury laws in written statutes; however, in terms of practical purposes, the primary source of the law in cases involving either injuries or accidents remain as being court decisions.