Personal injury law is also known as Tort Law. These laws are made to offer justice to the people who have wrongfully injured or harmed other people. If the lawsuit goes well, then the one who has caused the injury would have to pay compensation fees for all the troubles.
What Is Personal Injury Law?
Personal injury law is legal lawsuits that arise when people are injured or harmed due to others’ faults. If that happened, then the other side of the part is legally responsible for that harm. The responsible person’s insurance company is responsible for covering all the medical bills of the injured person.
If the case involves any medical malpractice, you can hire a personal injury lawyer to file a lawsuit against the medical staff. If your lawsuit is well presented, you might win the case claiming compensation from the hospital.
A personal injury law proceedings become formal once you have hired a personal injury lawyer for your case. Well, it is necessary if you truly want to get the true value of your claim. If you can hire a lawyer at the right time, the whole case can be settled outside of the court without any further hassle.
Personal Injury Law: Claims Vs. Lawsuits
If you or anyone of your family members has been involved in an accident and has sustained any injuries, they can take the two possible legal methods to compensate for the accident.
Personal Injury Law: Insurance Claims
This method involves negotiating with your insurance company to get the true value of the health insurance. This process is simple; however, the insurance company denies giving you the insurance claims’ right value. If you ever face yourself in this scenario, it is better that you hire a personal injury lawyer.
Personal Injury Lawsuits
When you get into an accident and injure yourself due to the opposition’s negligence, you can take legal action against them. You can file a legal lawsuit against them and ask for compensation.
In most cases, people start with a claim from their health insurance company. If this is unsuccessful, they move on to file lawsuits against the people with personal injury lawyers’ help.
Personal Injury Law: Statute Of Limitations
In the personal injury law, there is a term called Statute Of Limitation. According to the statute of limitation, plaintiffs have a limited amount of time in which they can file lawsuits against the wrongdoers. The time period is calculated from the day the plaintiff is injured or discovers their injuries.
Within that time frame, you can look for a law firm that will offer one of their best lawyers to take up your case and help you sue for punitive damages. Once you file a lawsuit, you are no longer under restraint from the time frame.
The statute of limitation is established by the state government; hence, the time period varies from state to state and one type of case to another type.
For instance, if you are living in texas:
- 2 years for personal injury claims
- 5 years for sex crimes
- 1-year for slander
Personal Injury Law: Steps To Take Personal Injury Legal Actions
When you have sustained injuries and are looking to file a lawsuit or claim, these are steps that you need to take.
1. Consult A Personal Injury Lawyer
If you want your case to go smoothly and you get what you rightfully deserve, then hiring an experienced personal injury lawyer to implement personal injury law effectively might be the best course of action. The hired lawyers will easily be able to understand the case and will be able to understand the followings:
- Possibility of negligence
- Who was at fault?
- The true value of the claims
The personal injury lawyers will also be able to calculate the severity of the injury and will be able to come with the right injury claims.
2. Investigate The Case
Once you have hired the attorney, they will state an investigation of the case from scratch to find the evidence that can be used to file claims. During the investigation, the attorney will determine the liabilities, witness’ statements and outline the whole case to represent in the courtroom.
3. Submit A Demand Claim
Before taking the case to the courtroom, the personal injury lawyer will contact the insurance company and faulty party to submit a demand draft outlining the damages and costs. Now the action will depend on how the faulty party or insurance company takes this demand draft.
4. File Lawsuit
If the agreement is achieved during the personal injury law claim phase, your attorney will file a lawsuit against the responsible parties. After the lawsuit is filed, the discovery phase will start. This phase can take months.
If the case reaches this point, then the case will be seen by official legal mediators. These mediators are certified legal professionals who look after the informal process in the personal injury law proceedings and try to settle things outside the court.
The trial Phase is reached when no agreement is reached in the mediation phase. This process is seen by the jury and judges to determine who is at fault and what should be the potential compensation.
If your case ever reaches this phase, your attorney will take care of all the legal procedures and will go through a mock trial where the evidence is reviewed.
The Last step is the appeal. This usually happens when the result is not in your favor, and you want to appeal to have a look at the case for the second time. This action qualifies as alert legal action for any case.
If you are filing for injury claims, you have been involved in any of the following types of accidents.
- Road traffic accidents
- Product liabilities claims
- Premises liability
- Wrongful death
Whenever you find yourself in any of the scenarios, it is important that you stay calm and hire a professional personal injury lawyer to ensure that you get the true value of your claims.