Personal injury law is also referred to as Tort law and it gives the chance to an injured person to file a civil lawsuit in the court and receive legal remedy for the damages that have been done by the accident. The purpose behind this law is to provide compensation financially to the injured person after bearing the loss because of someone else’s negligence.
What Are The Basics Of Personal Injury?
Here are some of the situations that gives a chance to a person to apply for the personal injury law.
- Accidents
Personal injury can be received by a person who bears the damage which is made by someone else’s negligence or carelessness. This could include car accidents, slip and fall accidents, medical malpractice and more.
- Intended Actions
Another reason where the personal injury law can be applied is when the defendant had made intentional actions to harm another person for example assaulting the other person.
- Defective Products
If any person uses a defective product like a car, consumer product, medical device, or any other thing which could lead to damage to another person can apply for the personal injury law.
- Defamation
It also applies when one person’s defamatory statement harms another person.
Who Has Developed The Personal Injury Law?
Most of the personal injury law dates back to the times of Common Law Rules which were made by the judges as opposed to the other laws by legislature or bills passed. When a case is represented in front of the judge and he makes a decision on the issue of the law. After that the issue of the law is made a binding precedent on the other courts as well that are present in the state.
These courts are generally in a lower position than the court that has the judge deciding the matter. After that, the courts have to apply on the decision that has been made by the first judge which eventually creates a body of common law. Though common law is not the only source of personal injury law. Another law that comes into action in the injury case is the statute of limitations.
How Does The Personal Injury Case Work ?
There are no two accident cases that would be similar to each other but ultimately there are some important steps that are taken by the personal injury cases. Read further to know more about them.
When a defendant take an action to harm the plaintiff
We could assume any bad act from the defendant with the exclusion of contractual breaches which is mostly tackled by another body of law called contract law.
Plaintiff declares the defendant breaches a legal duty
The particular legal duty depends on the situation where the industry has happened. For example, let’s take it where the driver is driving a car. His main duty is to run the vehicle in such a way that the level of care is provided keeping in mind that the reasonable person would exhibit on the road.
Another example where the doctors have the legal duty to treat a patient in such a way that the medical standard of care is offered.
Settlement talks occur
If the defendant has breached the legal duty then he might wish to settle the matter out of the court. This would be easier where the injured person would be offered monetary compensation in exchange for a deal where the injured person would not file a lawsuit.
If the plaintiff agrees to make such a settlement then the issue would resolve but if he does not agree then the matter would reach the court. If you are looking forward to file a case after any kind of injury then it is recommended to speak to a personal injury lawyer before taking any step.
If you are a victim of an accident or any incident and want to file a case against personal injury, then you should contact Albrecht Law in Spokane and ask for their legal assistance.
