What are some basic principles of personal injury law?

FORT WAYNE, Ind. - Feb. 18, 2019 - PRLog -- Basic Principles of Personal Injury Law

If you have sustained injuries or losses due to an intentional conduct, strict liability, or negligence, your claim falls under personal injury law. Before you file a lawsuit to seek justice, you need to familiarize yourself with the legal concept of personal injury.  This article will explore the basic principles of personal injury law and how attorneys for injured people can help.

What is a Personal Injury Case?

A personal injury case refers to a legal dispute arising when a person has been harmed because of the fault of another person. These are civil court cases where the injured person seeks to find a person, corporation, or an entity legally liable for their injuries or losses through a court ruling. These cases can be resolved either through an informal settlement or a trial.

What is a Typical Personal Injury Case?

A large number of personal injury actions involve automobile accidents. You can sue a driver for negligence if they failed to exercise caution and caused you an injury or significant losses such as damages. Drivers have a duty of care towards pedestrians and other motorists. When they breach this duty, personal injury law entitles you to claim your losses.

What is the Basis for Personal Injury Actions?

Negligence is the main basis of liability in many personal injury lawsuits. Other grounds for filing a personal injury claim (https://www.americanbar.org/groups/public_education/resou...) are:

Strict liability: This concept of tort law holds manufacturers and designers liable for injuries or losses sustained from defective products. When you file a personal injury claim based on strict liability, you need to show that the design or manufacture of a product was unreasonably dangerous even when used as intended.

Intentional wrongs: This concept holds a person liable for injuries or losses sustained by their intentional conduct. For example, if you are wrongfully detained for shoplifting, you can pursue a claim for false imprisonment.

What Happens If You File a Personal Injury Lawsuit?

When you file a personal injury claim you become the plaintiff and the person you are accusing for your injuries becomes the defendant. Attorneys for injured people file claims and serve the defendants with a notice to appear in court (arraignment) within 30 days. After the arraignment, both parties will gather facts by exchanging documents and through interrogatories and depositions. This process is known as discovery (http://injury.findlaw.com/accident-injury-law/stages-of-a...). Many cases are settled after the discovery phase. However, if the parties of a personal injury claim fail to agree on a settlement, the case will go to trial.

What Can You Get If You Win a Personal Injury Claim?

If you win a personal injury claim, the judge or jury will award you money, also known as damages, for your injuries or losses. Damages can include compensation for medical bills, lost wages, future loss of wages, pain and suffering, and disability.

Is There a Deadline For Filing a Personal Injury Claim?

In many states, if you fail to file a personal injury case before two years have passed, you lose your right to file a lawsuit. This is known as the statute of limitation. That time starts when the accident takes place or from the moment the plaintiff discovers their injury.

If you have suffered injuries or losses due to a personal injury, you should seek the services of a personal injury attorney. A lawyer will help you gather evidence, get a fair settlement, and if the case is not settled, they will represent you in a court trial.

So the next step to take, if you want to make a personal injury claim, is to call Blackburn & Green for a free case evaluation, they will give you friendly and helpful advice, and battle on your behalf for a fair compensation.

For more information please visit our site (https://www.blackburnandgreen.com/).