Personal Injury Law: The Basics

What is a personal injury? This is the legal definition for an injury to the body, as opposed to an injury to another party’s property. Personal injury even goes into the boundaries of emotional and mental injuries. These injuries typically happen because of a result of another person’s negligence and the laws surrounding them will usually vary from state to state. Many different situations could constitute a personal injury such as slip and fall accidents, product defects, injuries suffered in the workplace, and more. The most common of personal injury lawsuits are car accidents, but there are many more situations in which a loss could be suffered and you could seek financial recovery. There are many things you may want to understand about a personal injury case if you believe you may have one.

What is the Statute of Limitations?

The statute of limitations is the limited time given for a plaintiff to file a lawsuit; in many cases, there is a period of time dictated by this set of limitations that begins when the plaintiff is injured or discovers the injury firsthand. The statute of limitations you may face could vary due to the state you’re located in or the type of injury sustained. For instance, the statute of limitations in Texas for injuries is two years, while it is five years for sex crimes. You must do research on your particular state to make sure you fall within the correct bounds.

How Do Personal Injury Cases Typically Work?

  • Defendant Injures Plaintiff: This can refer to almost any bad act on part of the defendant. However, “contract law” refers to contractual breaches that may occur.
  • Plaintiff Determines that Defendant Breached Legal Duty: This can all depend on the situation. Drivers, for instance, have a legal duty to operate their vehicles with a safe standard of care. This can vary greatly but a standard of care is typically involved in some form.
  • Settlement Talks: If it is determined that the defendant did indeed breach a legal duty, then the defendant may wish to settle outside of court. This would involve making an offer of compensation to keep matters out of a lawsuit action.

If the plaintiff agrees to a settlement made by the defendant or the lawyer involved, then the case will end there. If not, however, then the plaintiff may take action and go to court to file a personal injury lawsuit about the matter. Negotiations on the settlement can continue even if the lawsuit is filed. A settlement may be reached at any time prior to the civil case being handed over to the jury.

Discovering if You Have a Personal Injury Claim

Personal injury can be complex. Any potential case could require an extensive understanding of the facts, processes, and laws involved. If you have sustained a personal injury, then you will want to consult an experienced attorney to find out if you should go about pursuing a lawsuit. They will be able to answer any and all questions revolving around your possible case. You can call MDL today to schedule a free consultation and have your case reviewed by an attorney you can trust.