Personal Injury Law Explained
One of the first things that students learn in Law school in regards to the American Legal System is the difference between criminal and civil law. The primary distinction is how the guilty party is punished. If the defendant loses in a civil war, he or she is ordered to pay monetary damages to the plaintiff. On the other hand, if an individual loses in a criminal case, he or she might have to pay a fine, or spend some time behind bars. In short, a defendant in a civil case trial cannot be punished by being sent to jail.
The reason behind this is because the defendant in the civil case didn’t commit an actual crime. In most cases, the respondent is guilty due to direct or indirect negligence, which is usually not against the law. For instance, the party might have taken his or her eyes off the road and hit another vehicle. Yes, this is a mistake, but it’s not classified as a crime as they didn’t do it deliberately. That being said, if the other party happens to suffer injury from the crash, then they are entitled to a lawsuit.
Direct Versus Indirect Negligence
Auto accidents are an excellent example of direct negligence; that is one party is directly responsible for the incident. However, there are cases where the respondent wasn’t directly responsible for the injury of the plaintiff. Let’s say the mail person trips and breaks his or her leg on your property. Can he or she sue you? The answer is maybe. If your doorsteps had been in a state of disrepair and you had not addressed the issue promptly, the person can be able to sue for personal injury.
When Can A Lawsuit Be Filed?
Well, personal injury falls under tort law, and it can be filed whenever harm is caused as a result of negligence by one party. The injured can sue for monetary compensation when the emotional or physical injury leads to financial loss or affects his or her job. For instance, if a person is involved in a vehicle accident and it was not his or her fault and gets hurt, then the individual can sue the driver at fault for medical expenses, pain as well as loss of wages.
Like earlier mentioned, personal injury cases are civil matters and not criminal ones. As such, the plaintiff doesn’t have to prove that the person at fault broke the law, but they are merely liable as they failed to practice reasonable care. However, this can be particularly hard to prove, especially in cases where the defendant was indirectly negligent. For this reason, it is wise to use the help of an auto accident attorney if you want the best outcome.
Well, most personal injury cases never make it to the court. The reason behind this is simple, most of the injured parties only ask for what they’re entitled to. However, without the advice and the guidance of a personal injury attorney, the involved parties might not be able to come to a fair settlement.
The Benefits Of A Law Firm
A reputable personal injury law firm will represent the injured clients with an aim of recovering fair compensation for any losses they might have incurred due to the accident. Like earlier mentioned, a fair agreement can be meet instead of taking the case to court, thus avoiding massive legal fees that are inevitable in the case. It’s for these and other various reasons that victims of accidents should consider consulting a personal injury attorney before filing a lawsuit in a court of law.