The fact that accidents are quite common not take away the pain and confusion that can result when an accident or injury happens to you or a loved one. If you decide to take steps to protect their legal rights after an accident or injury, you may have a series of general questions on cases of "personal injury".
What is a case of "personal injury"?
What is a statute of limitations?
The applicants have limited time to file a lawsuit, called "statute of limitations." In general, the time period dictated by a limitation period begins when the plaintiff is injured or injury is discovered. Statutes of limitations are established by state law and often vary by type of injury. For example, the statute of limitations for injury to a person in Texas is two years, but five years for sexual offenses and one year for defamation or libel. It can vary from state to state. For more details, see State Statutes FindLaw directory and Time Limitations limits for bringing a case: The Statute of Limitations.
Where are the laws governing personal injury cases?
Unlike other areas of the law that find their rules in the statutes (such as the penal codes in criminal cases), the development of personal injury law has been carried out mainly through judicial decisions, and treaties written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but practical purposes judicial decisions remain the main source of law in any legal case arising from an accident or injury.
Am I Viable personal injury case?
Any case of injury requires a detailed understanding of the facts, processes and law. If the accident has impacted your life, you need to consult with an experienced attorney to see if you should file a lawsuit. Not sure if you have a case? You can always have a lawyer do a free evaluation of your case.
What is a case of "personal injury"?
- Cases "personal injury" are legal disputes that arise when a person suffers damage from an accident or injury, and another person could be legally liable for such damage. A personal injury case can be formalized through civil court proceedings seeking to legally find other guilt by a court judgment or, as is more common, such conflicts can be resolved through informal settlement before bring any claim:
- "Demand" Formal Unlike criminal cases, which are initiated by the government, a case of formal personal injury typically begins when an individual (the "Claimant") has a civil "complaint" against another person, firm, corporation or agency government (the "defendant"), alleging that they acted negligently or recklessly in connection with an accident or injury that caused the damage. This is known as "filing a lawsuit". Our discussion of negligence and the test is especially useful.
- Informal Settlements In fact, most disputes because of an accident or injury are solved through the first informal settlements, usually between personally involved in the dispute, their insurers, and lawyers representing both sides . A settlement often takes the form of negotiation, followed by a written agreement in which both parties waive any other action (such as a lawsuit), choosing instead to resolve the matter through the payment of an acceptable amount of money.
(Note: the "middle ground" between a complaint and an informal settlement is alternative dispute resolution procedures such as mediation and arbitration.)
What is a statute of limitations?
The applicants have limited time to file a lawsuit, called "statute of limitations." In general, the time period dictated by a limitation period begins when the plaintiff is injured or injury is discovered. Statutes of limitations are established by state law and often vary by type of injury. For example, the statute of limitations for injury to a person in Texas is two years, but five years for sexual offenses and one year for defamation or libel. It can vary from state to state. For more details, see State Statutes FindLaw directory and Time Limitations limits for bringing a case: The Statute of Limitations.
Where are the laws governing personal injury cases?
Unlike other areas of the law that find their rules in the statutes (such as the penal codes in criminal cases), the development of personal injury law has been carried out mainly through judicial decisions, and treaties written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but practical purposes judicial decisions remain the main source of law in any legal case arising from an accident or injury.
Am I Viable personal injury case?
Any case of injury requires a detailed understanding of the facts, processes and law. If the accident has impacted your life, you need to consult with an experienced attorney to see if you should file a lawsuit. Not sure if you have a case? You can always have a lawyer do a free evaluation of your case.
