Personal injury law is a legal action that covers situations where a person’s mind, body or emotions are hurt, usually caused by someone else’s carelessness or negligence. Personal injury law is also referred to as tort law. It includes all situations of wrongful death or where an injury evinces fatal. The injured person who files a lawsuit is known as the “plaintiff” while the person or business responsible is the “defendant”.
A personal injury lawsuit begins when the plaintiff sues the defendant and demands compensation. In some cases, there are several defendant responsible parties, and the plaintiff can sue all to recover the whole amount needed for compensation. When the defendant claims they did not cause the damage, they are to bring the other person or entity responsible as a “cross-defendant” into the lawsuit.
The most common personal injury cases include:
- Car accidents
- Slip and fall injuries or premises liability cases
- Dog bites or injuries caused by other animals
- Defamation which causes injuries to reputation, mental or emotional health
- Injuries caused by use of chemicals or explosives
If any damages were incurred to property such as in a car accident, the law focuses on the injured person first then the damaged property. Compensation is usually in the form of monetary payment. Monetary compensation to the injured party depends on the intent of negligence from the responsible party. It also depends on the severity of the injury. It is done through a judgment or a settlement. Firms like Cogburn Law Office should be consulted.
A plaintiff’s actions or inaction after being injured affects the amount of award in a personal injury case. For example, if the plaintiff was at fault either fully or partially for an accident, any damage award reflects on that. On the other hand, if the plaintiff fails to mitigate the damages, a damages award is reduced. Therefore, as a plaintiff, you are required to take necessary steps immediately after an accident to minimize the financial impact caused. If not so, you may not recover any losses caused.
To avoid losing a personal injury case, plaintiffs should hire qualified and legal counsel. Having an attorney will also enable you to avoid unfortunate circumstances of violating a statute of limitations. You do not want to miss the deadline for filing the lawsuit.
A personal injury lawyer, also known as a plaintiff lawyer provides legal representation to a plaintiff. He/she must qualify to practice the law in the jurisdiction. Before accepting a case, they interview the prospective client and evaluate the case to determine potential legal claims and basic facts. If the lawyer finds that the legal claims might not succeed in court, they decline to accept the case. This means that lawyers will mostly go for strong cases.