Read below for a summary of the basics of personal injury law.
What is a “Personal Injury” Case?
“Personal injury” cases are legal arguments that arise when individual A suffers bodily harm from an accident or injury, and individual B may be legally responsible for individual A’s harm.
A personal injury case may be resolved by a formal lawsuit through civil court proceedings, or through an informal settlement:
- Formal “Lawsuit” A formal personal injury case is initiated when a private individual (the “plaintiff”) files a civil “complaint” against another individual, business, corporation, or government agency (the “defendant”), stating that they acted irresponsibly or carelessly in an accident or injury that caused bodily harm.
- Informal Settlement Most often, disputes over fault for an injury or accident are resolved through informal early settlement among those personally involved in the dispute, their insurers, and the attorneys representing both sides. A settlement usually takes the form of negotiation, followed by a written agreement in which both sides agree to refrain from taking any further action, and instead choose to resolve the matter through payment of an agreed upon amount of money.
What is a Statute of Limitations?
A statute of limitations is the amount of time the plaintiff has to file a lawsuit. A statute of limitations begins for a case on the date that the plaintiff is injured or discovers the injury.
Statutes of limitations are decided by state law and often vary by type of injury. For example, the statute of limitations for injuries to an individual in Arizona is two years, but one year for libel or slander. The time limit can vary from state to state.
Where are the Laws that Govern Personal Injury Cases?
The progression of personal injury law has taken place mostly through treaties written by legal scholars as well as court decisions. For practical purposes, court decisions remain the main origin of the law in any legal case arising from an injury or accident.
Do I Have a Viable Personal Injury Case?
Any potential personal injury case must have a detailed understanding of the facts, the processes, and the law. If an accident has impacted your life, contact Simon Law Group to ease your mind and get you the compensation and security you deserve.