A personal injury lawsuit is built on the premise that an injured person deserves to be compen-sated financially after he/she has suffered harm due to the irresponsible conduct of another. The injury may be caused due to the negligence or malicious intent of another individual/s. In either case, the person who suffers the injury is eligible for financial compensation.
What is a Personal Injury lawsuit?
A personal injury claim can be filed by a plaintiff if he or his loved one gets injured due to the fault of another person. The plaintiff filing the lawsuit has legal rights to get compensation on several fronts.
Personal Injury rules are applicable in:
- Accidents such as those caused due to the negligence of others. For example, car accidents, slip, and fall accidents, medical malpractice, etc.
- Intentional acts leading to injury to another person. These may be assault and battery, etc.
- Product liability claims may be filed in cases where someone is adversely affected due to a defective product provided. These could be products such as vehicle components, consumer products, pharmaceutical products, etc.
- Defamation cases also fall under the purview of personal injury lawsuits. These are filed against a defendant who causes harm to another because of his defamatory statements.
The process of a personal injury lawsuit:
- Personal Injury is identified: The defendant harms the plaintiff in some way or the other. The personal injury lawyer of the plaintiff assesses if the defendant has breached any law while caus-ing the injury.
- The plaintiff sues the defendant: The personal injury lawyer sues the defendant for compensation. There is a time limit by which an individual needs to file a personal injury case after the injury has occurred. The duration is specified according to the type of injury by the State of law.
A plaintiff can sue the defendant for compensation towards:
- Medical expenses
- Suffering caused
- Loss of workdays
- Loss of income
In addition to these, there are several other reasons for which compensation can be claimed. These could include paying for the fees of the attorney, etc. The types of claims vary from case to case.
A personal injury case can be filed against an individual, an organization, or the government.
Settlement: The personal injury lawyer takes up the case for settlement. A personal injury law-yer scrutinizes the case and decides the valid claims for a specific case. He then collects relevant supporting information to represent his client. The attorney might attempt an out-of-court settle-ment with the defendant before filing the case in a court of law.
Personal injury cases differ from other types of cases. While all other types of lawsuits are bound by specific rules and statutes, personal injury cases are argued based on previous court decisions and treatises written by legal experts. In other words, personal injury cases are assessed based on precedents.
Johnson & Autrey law firm is one of the most reliable law firms in North Dakota and Minnesota. We have a team of personal injury lawyers who are committed to the clients and ensure that he/she gets the compensation they deserve in a personal injury lawsuit.