Monday 20 June 2016

Understanding The Fundamentals Of Personal Injury Law


The injuries you suffer from an accident can be extremely devastating and frustrating. The emotional sufferings, physical pain, and huge medical expenses can multiply your stress and worries. The only solution to this problem is fighting for your right and making personal injury claims for the damages caused by the defaulter, under personal injury law.

What is Personal Injury Law?


Personal injury law, also known as tort law, allows an injured person to make an appeal to the civil court and seek compensation for all the losses caused due to an incident. The main objective of this law is to give relief to the plaintiff in the form of financial compensation after he or she has suffered an injury due to someone else's intentional or unintentional misconduct.

Common Kinds of Personal Injury Cases


There are different kinds of personal injury cases that apply to different situations. Following are the most common situations where personal injury rules apply are:

·        Accidents on the road: The most common personal injury cases are associated with the accidents. Accidents on the road usually happen due to the negligence of the driver, reckless driving or because someone isn't following the traffic rules. In any of these cases, where the second person is responsible for your injury, you can claim compensation from the person.



·        Intentional Torts: Under personal injury law, you can also sue a person whose intentional conduct has caused some kind of harm or injury. The criminal offenses such as sexual assaults or battery come under this category.



·        Defective Products: In a few situations, a defendant can be found liable for injuries even if the wrongdoing wasn’t intentional. The common examples of this kind of claims include harm caused by defective products, unsafe products or false product liability claims.



·        Defamation: Personal injury law applies when a person suffers from an injury to his or her reputation as a result of false statements.

How Does a Personal Injury Case Work?


Since each situation is different, no two personal injury cases follow the same course. However, there is still some standard procedure that most PI cases share.

·        The plaintiff is harmed by the defendant. Here, the plaintiff is the injured party and the defendant is the guilty party.

·        Plaintiff determines that the defendant is liable for the act. For example, if a doctor fails to provide medical care with a level of competence then he or she is liable for a suit.

·        Then, settlement talks occur. If it becomes clear that the defendant is at fault, then the defendant may wish to settle the issue outside of court.

·        The case ends if the plaintiff agrees to a settlement. If not, he or she has the right to file a personal injury lawsuit to the court over the matter. A settlement can still continue during the legal proceedings before the civil case is forwarded to the jury for a judgment as to the defendant’s liability.
About Joe Fogel

Joe Fogel is one of the best attorney in Los Angeles and has a very good track record for providing high quality services for personal injury law cases. Joe Fogel believes in fully addressing a client's concerns for the personal injury law or insurance claims as per particular circumstances.