Accidents are bound to happen, but that does not take away the pain and suffering that you sustain due to any injury. Good news is that you the right to claim for compensation from the party at fault. The basics and working procedure of personal injury law are quite different as compared to any other civil or criminal cases. You cannot claim for arrest of the party at fault. Moreover, proving negligence is the most important part where any individual or a group of individuals can be held responsible.
Statute Of Limitations
As a plaintiff, you will have to file a lawsuit within a specific period. This time is called the statute of limitation which may vary from state to state and the type of accident or injury. Therefore, the statute for slip and fall injury will not be same as a medical malpractice or wrongful death cases. The time limit starts with the day you sustain the injury. You can know more about these statutes from the States Statute of Limitations directory.
Torts Of The Law
The torts of personal injury law can involve both incidental and intentional cases. The incidental tort involves the behavior of the party causing the accident. In such cases proving negligence, failure to meet a certain level of care for duty which caused tangible harm to the injured is most important.
Intentional torts, on the other hand, involve battery and assault, which are the simplest ones. There can be complicated cases which involve defamation, intentionally inflicting emotional pain and much more. In such cases, proving the ram and identification of the party at fault may be difficult. Therefore, such cases require professional attorneys who are well-versed in personal injury law.
Few Types Of Injuries And Lawsuits
The types of injuries that are covered by personal injury law includes but is not limited to slip and fall injuries, car accidents, dog bite and medical malpractices. You can also file a lawsuit for brain and spinal cord injury, nursing home abuse, wrongful death and travel and aviation accidents. Apart from that, you can also claim compensation for assault and battery, libel and slander, emotional distress and dignitary torts and much more. You can find the most common types of personal injury cases with examples – Here
The burden of proof should be substantiated with a preponderance of the evidence. The negligence and duty of the person held responsibly is in accordance to the Restatement of Torts and the proximate cause is proved. Apart from it, there are other liabilities to be proved like product liability and vicarious liability as well.
The Fees Charged
A unique feature of personal injury lawsuit is that the attorneys do not charge any fees upfront. In fact, they do not charge any fees if they cannot win any compensation for you. The fees usually id 33% of the total settlement amount received excluding the cost and expenses incurred which are also deducted from the amount.
According to personal injury law, settlements can occur outside of the court between the attorney and the insurance adjuster in the presence of the attorneys or an arbitrator. This results in quick results than any case that goes to trial.