Understanding personal injury law
Virtually all professions utilize certain unique terms to describe their processes and law is not an exception. More often than not, however, these terms are completely obscure to the uninitiated. In the law profession, personal injury is one such term whose meaning seems obvious on the surface but can only be thoroughly understood when explained by an expert. This article examines the basics of personal injury law.
What it means
While personal injury law covers a broad range of situations, it can basically be defined as any law that addresses any injury a person experiences due to another person’s negligence. If you have been physically injured by no fault of your own, you have a right to pursue a personal injury lawsuit against whoever caused the injury. In order to launch such a lawsuit, however, the injury must have been accidentally sustained. Strictly speaking, personal injury law does not apply if someone has intentionally caused an injury to you. However, it might come up as an alternative to criminal charges.
Keep in mind that this does also include the possibility in which the employer is covered by workers’ compensation insurance. In this case, you do not necessarily need to file a lawsuit but you might still want to contact an experienced Philadelphia workers’ comp attorney to make sure you will be offered a fair settlement.
Types of personal injury
The most common cases of personal injury involve vehicles. Uber Lyft accidents, train crashes, bicycle accidents, and all such incidents relating to locomotion make up the bulk of personal injury cases. However, personal injury may come in various forms. Manufacturers may face a personal injury lawsuit if their product has harmed a customer. Unsafe conditions in a home or business establishment leading to a fall will also result in an injury suit against the administrators of such premises. Defamation, medical misconduct, and wrongful death also fall into the category of personal injury.
What to do
If an event that may count as personal injury has occurred, it is necessary to seek the guidance of a lawyer. Ideally, this step should be taken immediately after the incident, as there’s usually a time limit for filing such a suit. While an individual can seek settlement by themselves, it is better to involve an attorney to get the best results. Make sure to document the incident and the injuries sustained so as to give your attorney a clear picture of what happened.
Once you have approached a personal injury attorney, work will begin on building your case. As this will involve gathering evidence regarding the incident, it is important for the plaintiff to document the event in full detail. When it becomes clear that the defendant is responsible for the injury, the case will either be settled or go to trial. In case of settlement, the personal injury attorney will negotiate with the defendant for suitable compensation, thus preventing the matter from going to court. If this cannot be achieved, the plaintiff and their attorney will seek a court trial.
While accidents have always occurred throughout human history, technological advancements, coupled with population growth, have made them more common in modern times. Sometimes, however, an incident that seems like an accident may in fact have been caused by someone’s recklessness. Understanding personal injury law makes it easier to know the difference.