Personal injury law, also known as “tort law,” is a piece of legislation that caters for legal wrongs committed against a person or property rendering the persons who commit them liable for damages.
It is a type of tort lawsuit in which the person suing (the “plaintiff”) has suffered physical, emotional or financial harm – legal wrongs, due to the actions of the person being sued (the “defendant”). Legal wrongs may include assault and battery, invasion of the right to privacy, failure to maintain confidentiality, divulging information to unauthorized persons, property destruction, negligence, character assassination, or intentional infliction of emotional distress. This kind of law aids the recovery of the person’s losses as well as the prevention of such cases from reoccurring by discouraging classes of wrongful conduct.
These wrongs result in an injury and are the basis for a claim by the injured party. Tort law provides justice and relief for those who have been injured by someone else. It also helps deter people from harming others. An injured party can sue for damages they have suffered. Every personal injury claim has two basic issues: liability and financial compensation.
The financial costs a plaintiff can rec negligent production of dangerous prescription drugs or even tainted food. The purpose of the personal injury system is to allow the injured person to be compensated financially or “made whole” after he or she has suffered harm due to carelessness or intentional conduct.
What are the Pros and Cons of Personal Injury Law?
A personal injury lawyer has been highly trained. Many people have been misled to believe all an attorney does is offer confusing information and send you a bill. But that’s untrue. A personal injury lawyer will be knowledgeable about what claims you are entitled to. Not having been trained, most likely, in legal matters, you may not even realize some claims fall into this category.
Effective communication with insurance companies is another benefit. Along with their knowledge, their experience handling many cases has given them the inside track to what each assault is worth monetarily. Their expertise also allows them to know what facts are crucial to get you the highest compensation. A personal injury lawyer will be able to fight with you every step of the way and overcome any problems that you may not be able to alone.
Many studies have been carried out to prove that those who use a personal injury lawyer are much more likely to win their case and recover around 3.5 x the amount they would if they had fought the case alone. The most important reason that clients choose a personal injury lawyer is that these lawyers can accurately value what you are entitled to based on your injury and the extent of the damages. The cons of filing a lawsuit, especially when you feel you have a strong case, may not be as obvious.
Lawsuits can take years to resolve, and it is becoming more difficult to convince insurance companies to settle on reasonable terms without a suit. One significant risk of taking a personal injury lawsuit to trial is that you may receive less than the initial settlement amount after the court makes its decision. In some cases, you may receive nothing at all. And the underlying cause is if you do not have enough evidence, or your case is not strong enough, your case may fail even to meet the burden of proof, and the defendant may not have to pay you anything at all. In other cases, the financial compensation that the jury will award will be less than the amount you would have received had you taken the settlement. Another risk of making a personal injury lawsuit is that you may spend a large portion of your potential reward on the case itself. However, one potential reward of taking a personal injury lawsuit to trial is the flip side of the previous risk – you could end up with a much higher verdict than the settlement you were initially offered.
Where can Personal Injury Law be applied?
A personal injury case can become formalized through a personal injury lawyer representing you at a civil court proceeding. This court session seeks to find others legally at fault through a court judgment or, as is much more common, resolve disputes through informal settlement before any lawsuit is filed. There are a wide variety of different situations where personal injury rules apply:
Accidents
Personal injury rules apply in situations where someone acts negligent, and that carelessness causes harm to another person. Examples include car accidents, slip, and fall incidents, and medical malpractice, among other types of cases.
Intentional Acts. Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person. Examples of this include assault and battery, and other intentional torts.
Others include Defective products and defamation.
Conclusion
Personal injury law is not a matter to be taken lightly. Personal injury examples often range from minor injuries to serious injury, and in the most severe cases, death. Personal injury law or tort law gives a person who has been injured, or their families, legal representation for the losses experienced from a serious injury. Compensation for their injuries takes in a series of exceptions and points compiled to fairly and accurately give to clients who have suffered harm from their injury.
Our firm provides powerfully respected legal representation for victims of injury in an accident or because of the negligence of a third party. At the Bailey-Greer Law Firm, we are aware of the impact a car accident or other personal injury can have on people’s family, friends, and the community. Physical injuries are not the only type of traumatic pain that can be experienced. It is not solely up to you to fight for the compensation you deserve based on an injury you have received from an outside entity. With legal representation from Bailey-Greer Law Firm, you can fight side by side with an attorney who will guide you along the way.
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