Accidents can happen, and people get injured during those accidents. However, just the fact that accidents are common and can happen is not comforting for anyone who has suffered loss or injury during an accident. If an individual decides to protect themselves and their loved ones against such accidents, they will need answers to a few questions.
What Qualifies as a Personal Injury?
The basic explanation of a personal injury case is the lawsuit that arises after one individual suffers an injury or loss from an accident usually caused by the negligence of another. When a personal injury lawsuit is filed, the responsible party is then liable to pay for the medical bills, the pain and suffering, and other such expenses of the injured person. The injured can choose to be represented by an attorney of their state in the civil court. For example, if an accident takes place in New Jersey, the injured individual can choose an injury attorney in New Jersey to represent them and take their case to the civil court.
There are two paths a personal injury case can take:
- Formal Lawsuit: unlike most criminal cases, which are filed by the government against an individual whom they believe in having committed a crime, a personal injury case is initiated by an individual who has gotten injured against another individual, business or government agency that they believe in having caused the injury. This action by the plaintiff against the defendant is known as filing a lawsuit.
- Informal Lawsuit: in actuality, most personal injury cases are solved informally by way of an early settlement amongst those who are personally involved in the case. This takes place in the form of a negotiation between the injured and the defendant, their insurance companies, and the lawyers representing them. By discussing and arriving at a fixed amount payment which all parties agree upon, the case can be solved before it reaches the civil court.
What is a Statute of Limitations?
This implies that the injured individual has a limited time to file their claim, and if they miss their window, the opportunity to pursue the claim is lost. The time period specified by the statute of limitations commonly starts after the injury has been caused or noticed by the plaintiff. They then have to find a suitable lawyer and work with them to file the claim. However, once the claim has been filed, they are no longer bound by the time limitations specified by the statute of limitations, and the case moves forward.
The time period that is specified by the statute of limitations is decided by the state law and can vary depending upon the nature of the crime and the state in which it was committed.
Who makes the Laws for the Personal Injury Cases?
Unlike criminal cases and other cases that reach a court and find their rulings in statutes, most rulings of personal injury cases has been a result of the court decision. Once a personal injury case reaches a judge, if the judge finds no other cases similar to the one he is ruling upon, he has the right to make the decision he seems fit for the crime. The decision made by this particular judge then serves as the ruling for future cases in all courts that fall below the jurisdiction of that particular judge’s court.
Why Hire an Attorney?
Any personal injury case requires extensive knowledge of the matter and the facts of the case, the law of the state, and the process of carrying out the lawsuit. If an individual’s life has been affected by an injury or accident caused due to the mistake of another, hiring a lawyer to represent you is the smart thing to do.