Personal Injury Laws

Outline on personal injury cases and lawsuits

Personal injury cases are defined as the legal disputes that take place when one person endures harm or pain due to other person’s negligence resulting in physical, emotional and financial damage or injury. Car accidents, product defects, medical malpractice, injuries suffered while working, exposure to harmful substances are some of the common personal injuries that Americans encounter every day. The victims of the personal injury basics can protect their rights by filing a lawsuit against the defendant. The damages or rewards the plaintiff will be seeking could include compensation for the medical bills, loss of wages for missing the work, and pain and suffering and others.

Overview on personal injury cases:

· As proving the accident and personal injury basics case is a very complex matter it is very important to know detailed information on legal concepts and issues involved such as proving the negligence of the defendant, legal liabilities, time limit for bringing the case to the court, rules of financial recovery etc.

· Unlike many other areas of the law where the rules are tagged to the federal or state statutes, the personal injury basics cases are mostly influenced by the previous case findings and outcomes. Several states have considered developing personal injury laws by summarizing them in written statutes, however in reality court decisions acts as the main source of law in any legal case of accident or injury.

· If there is no compromise between two parties for settlement, the case is usually filed with the courts and proceeds to trial. Typically, personal injury trial is a prolonged process and may include the admission of a lot of evidence as well as the inquiring of many witnesses. Moreover, the trial can also be quite expensive and sometimes the defendant may think it is better to settle the case rather than fight it out in court.

Personal injury lawsuits:

  1. A personal injury basics case can be formalized through civil court proceedings or may be resolved through informal form of settlements before filing a lawsuit. Generally the lawsuits are filed within the jurisdiction of state courts in the county where the injury has happened unless the claimant live in different state and the case involves an amount "in controversy" over $75,000.
  2. As per the statutes of the personal injury basics law all the injury cases with relatively low amount of damages must be filed in a court’s “small claims” division whereas the claims with large amount should approach federal trial courts (called U.S. District Courts) in its jurisdiction. Actually, most disputes over fault for an accident or injury are resolved through informal early settlement process, even before filing the civil complaint against defendant.


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