A personal injury case is one that arises out of a situation in which a person has been injured due to the alleged negligence of someone else. In the United States, there are attorneys that focus their practices on personal injury cases. A consumer is well served by having a basic understanding of personal injury matters.
Informal Settlement of a Personal Injury Case
One possible resolution of a personal injury case is an informal settlement of the matter. An informal settlement occurs when an insurance company agrees to pay a certain amount of money for a claim. The money is paid as compensation for the injuries or losses sustained by a person due to the negligence of someone else.
The informal settlement process commences when an injured individual files a claim with and insurance company. Attorneys are valuable resources during the informal settlement phase of a personal injury case.
Lawsuit in a Personal Injury Case
A lawsuit can result in a formal resolution of a personal injury case. A lawsuit commences when the injured person (typically through an attorney) files a petition (sometimes called a complaint) in court. The petition alleges that the person was injured and that the injuries were the result of the conduct (or lack of action, if action was legally necessary) of the defendant.
In some cases, there may be more than one defendant in a personal injury case. There are situations in which multiple individuals may end up as defendants in a personal injury case.
Personal Injury Law: The Statute of Limitations
A person who has been injured due to the negligence of someone else needs to understand the statute of limitations. All states and the federal government have a statute of limitations when it comes to the deadline by which a lawsuit must be filed.
The failure to file a lawsuit in a personal injury case by the deadline established by the statute of limitations can have serious consequences. The failure to meet the deadline typically means that a person is forever precluded from filing a lawsuit to seek compensation in a personal injury case.
The time frame for the filing of a personal injury lawsuit, according to personal injury law in all U.S. jurisdictions, is specific. The timeframe does differ from one jurisdiction to another. For example, one state may allow three years to file a personal injury case while another state may only allow two years to file a legal action.
Finding Personal Injury Law
Personal injury legal resources can be found in two primary resources. First, the states maintain specific statutes governing personal injuries in a given jurisdiction. In addition, the decisions made by certain appellate courts in personal injury cases also provide an element of legal resources. Attorneys nearly always are involved in filing personal injury legal actions.
Personal Injury Case Evaluation
A personal injury case evaluation can be a complicated endeavor. The reality is that a personal injury attorney is the best position to oversee an evaluation of a personal injury case. The process of obtaining an appropriate personal injury case evaluation begins by scheduling an initial consultation with a personal injury attorney. As a general rule, a personal injury lawyer does not charge a fee for an initial consultation with a prospective client.
An injured person should be as proactive as possible in seeking legal assistance in a personal injury case. An injured individual should not even attempt to reach a settlement in a personal injury case without the assistance of a personal injury lawyer. A person should give very serious consideration to the idea of trying to pursue a personal injury case without professional legal assistance.