Millions of people are involved in many numbers of accidents every year and this resulted to many cases of injuries, physically, emotionally and mentally. Unfortunately most of this accident cases shouldn't have happened if only others did not act with total negligence and carelessness. So what can you do if this happened to you or a loved one? What are your legal rights with regards to this kind of situation? Can you demand for a compensation for all the damages you or a loved one suffered? If you want to go and protect your legal right in times of an accident due to someone's negligence, then you might want to file a personal injury claim.
Personal injury claims are cases that are filed by someone who have suffered harm from an accident or injury and someone else is legally responsible for being the cause of that harm due to negligence and carelessness. These accidents can be vehicular accidents, slip and fall cases, medical malpractice, product defect accidents and many more. These kind of cases are formalized through civil court proceedings and the aim is to prove in court that a certain party is responsible for harm that was caused. Now there are ways in order for these disputes to be resolved.
One way to settle this kind of dispute is to file a formal lawsuit. Unlike with criminal cases where the proceedings are initiated by the government, personal injury cases are initiated when an individual, referred to as the plaintiff, files a civil complaint against another party who allegedly caused harm due to their negligence and carelessness. It may it be another person, corporation, business, government agency and so on, and is referred to as the defendant. This action is referred to as filing a personal injury lawsuit. In this court proceeding, the plaintiff has to prove that the defendant caused the harm that the plaintiff suffered and it is because there was negligence or carelessness in the part of the defendant.
Another way to settle a personal injury legal dispute is through informal settlement. When it comes to a personal injury case, this is the most common way to settle the case. This is usually between the two parties involved represented by the individual themselves, their lawyers and insurers. This kind of settlement process usually involves a lot of negotiation and comes up with a settlement that is fair for both parties. Then both parties will sign a written agreement that there will be no further action to be taken relating to the case such as a lawsuit. Instead everything will be resolved with the agreed amount of compensation.
The laws that govern a personal injury case are usually complex and can be too much for an average Joe. So if you are someone involved in a case like, your best course of action is to hire the services of a personal injury lawyer. Do not even think about trying to settle this matter without the assistance of a personal injury lawyer because you will most likely lose or be given an unfair amount of compensation.