While personal injury in everyday life may be common, it does not lessen the hurt or other personal grievance one experiences when an injury or illness happens. In the event that a personal injury or illness occurs, it is important to attempt to protect one’s legal rights. In an effort to do so, several questions in regard to personal injury law may arise.
This article sheds light on some of the most general information about personal injury law. However, if you or someone you know has been injured, contact a professional attorney who can provide support on the matter. A qualified attorney will understand personal injury law including important time restrictions to file a claim and what local laws may apply.
Outlining a Personal Injury Claim
A personal injury claim is legal dispute that arises when one individual suffers damages arising from an injury and/or accident that someone else could be held legally responsible for. A personal injury claim can be formalized in civil court proceedings which attempt to find another entity legally liable for the grievances. This can be done through one of two methods:
- Formal Lawsuits
- The claim is processed through a court judgment.
- This is when a trial takes places in which the person who was injured demonstrates evidence that he or she is in fact hurt or has otherwise suffered other grievances that developed following the incident.
- These types of lawsuits are unlike criminal cases. Criminal cases are introduced by a government agency. In a personal injury case, the lawsuit is introduced by a private person. This complaint can be made toward another individual, a business or company, and even a government agency. The allegation usually claims that this entity acted irresponsibly or even carelessly which lead to the incident that caused the private person injury or harm.
- Informal Settlements
- This type of claim is processed by resolving the claim through an informal settlement before a lawsuit is actually developed.
- In personal injury cases, most claims are resolved through an informal settlement. In an informal settlement dispute, the parties involved will attempt to negotiate a solution for the mishap. This process usually involves the injured individual and his or her attorney, the other party involved and their attorney(s) and/or insurer. Once a settlement has been attained, a written agreement will usually be developed which commonly includes an settled financial settlement.
Understanding a Statute of Limitations
An individual who has suffered an injury or illness due to another’s negligence has a short amount of time to file a lawsuit or claim. This is known as a statute of limitations. Generally, time begins at the time of the incident: when the person initiating the claim receives the injury or when he or she discovers the injury or illness.
State law establishes the rules of statute of limitations. A statute of limitations, for example, can vary depending on the injury sustained by the individual. Some incidents can have longer time limits whereas others can have shorter ones.
The Importance of Obtaining Legal Support
All personal injury cases require a refined understanding if the laws, the facts of the case, and the process of the claim. If you have been injured due to someone else’s negligence, consult with an experienced and qualified attorney who can champion on your behalf. Are you unsure if you have a case, refer to our Orange County Personal Injury Attorneys to find an experienced and qualified attorney near you.