Basic Principles You Need to Know about Personal Injury Cases Disputes about personal injury happens when an injured person complains against another person for suffering personal injury from his hands. 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. Understanding what is involved in your case is a good place to start from before filing a case. But what exactly is personal injury law all about? The concept of personal injury is clearly defined in personal injury law, and you need to have a basic grasp of it for you to know if you have a valid case.
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There must be an injury, that is the first basic concept. But for an injury to be valid, it has to be done to your person, not to property or any other possession. Property damages are covered under a different law and you need to file a separate complaint about it. But damage to property is not considered as a personal injury.
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Car accidents, slip and falls accidents are covered by personal injury law that if you suffer from these things, you might have a good case of personal injury. But if no injury can be proven, then no case can be filed. You cannot file a criminal case for personal injuries, only civil cases. This means that if you win, you will get paid for the damages, but the other person will not go to jail. There must be negligence on the part of the person that caused the injury, that is the second basic concept. Negligence is manifested in cases where it was within the other person’s power to prevent the injury from happening to you, but he did not act upon it. If it is proven that your injury was the direct result of the other person’s negligence in not taking necessary action to prevent the injury from befalling you, then you have a good case. But it is crucial to file your case within the period prescribed by the statute of limitations for injuries of the type you suffered. Usually, personal injury cases end up in a settlement. A settlement happens when the lawyer of the accused makes an offer for you to drop the case in exchange for a certain amount of cash, and your lawyer agrees to accept it. This is a good way to solve personal injury cases, out of court and without the hassles of a trial. But on any given day, if your lawyers cannot agree on a settlement because a lot is at stake for either party, then the court will decide your case.