Injury – My Most Valuable Tips
When a person suffers an injury from another person, the person who inflicts the injury may be legally liable to the injured person. The injured person needs to file a case against the person who caused the injury in order to seek out a legal remedy for the trouble. The type of case that will be filed is a civil case and not a criminal case, for these types of complaints.
This type of case is covered by what is commonly referred to as personal injury law. This is what you need to know if you are planning to file a case against someone who has done you harm.
But what exactly is personal injury law all about? There are two basic ideas covered under personal injury that need to be established in order for you to have a solid case.
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The first basic concept is that of an injury. An injury is harm done to your person, not to your property. For property, any type of damage that it suffers, there is a different law. But damage to property is not considered as a personal injury.
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There are however a lot of instances when you can suffer personal injury not directly from people, but from their products, services, or certain circumstances like car accidents. But if there is no injury, there is no case.
And it is not a criminal case, only a civil case. Since this is a civil case, it is about getting money for the injury, and not about putting someone behind bars.
There must be negligence on the part of the person that caused the injury, that is the second basic concept. In other words, if the other person could have prevented the injury from happening to you, but did not act upon it, then he is equally guilty of causing the injury, by not preventing it. But it has to be proven that your injury was a direct result of the other person’s negligence.
Lastly, depending on your injury, there is a time limit prescribed by law (statute of limitations) in which you should file a case, otherwise, your complaint becomes invalid.
Don’t go chasing after a victory in court because often times personal injury case is settled out of court. If you have a seasoned lawyer, once the other party offers to settle out of court offering a cash amount for your to drop the case, he will be agreeable to it. This is a good way to solve personal injury cases, out of court and without the hassles of a trial.
The court will decide on any personal injury case that is brought before it to trial if attempts at settlements fail.