Personal injury is an interesting niche in the law. Also known as tort law, it is a provision that allows a person to file a civil lawsuit against another who has caused them bodily, psychological, or property damage. This system allows the aggrieved party to be compensated for the damages they have suffered as a result of the negligent or intentional conduct of their offender. As simple as it is to explain, personal injury law is multifaceted. Because cases present themselves in different ways, there is no one size fits all modus operandi. However, certain features define the conduct of personal injury as a whole.
Personal Injury Law Is Broad, And Every Case Is Unique.
There are many categories of personal injury cases. They vary based on the cause and severity of the damages incurred. Their processes also differ. Truck accidents cases are different from medical malpractice cases. Slip and fall accidents are also different animal attacks. These cases are different and are handled differently by lawyers who specialize in each category. For instance, Car accident claims make up the majority of personal injury claims with victims seeking redress for minor to major damages. In such cases, car accident lawyers like those at Mike Morse Injury Law Firm Kalamazoo, MI should be consulted to provide proper advice and representation.
A Personal Injury Lawsuit Differs from A Criminal Lawsuit.
While both are lawsuits, their proceeding is different. Unlike criminal suits that are initiated by the government against an individual or persons, Personal injury laws involve civil court proceedings where the suit is brought against the defendant that could be a person, corporation, business, or other entity. The victim seeks justice and monetary settlement for the harm incurred. While a criminal lawsuit holds the offender accountable for violating the laws of society, personal injury cases are resolved through litigation where the victim is compensated by the offender. Statistically, only 2% of personal injury cases go on to trial while all criminal cases do.
Personal Injury Claims Have a Statute of Limitation.
In personal injury suits, the victim or claimant has a limited time within which to bring an accusation and suit against their offender. This is called a statute of limitation. It is the timeframe within which a crime is expected to be reported and redress sought after which litigation cannot be pursued. It typically begins at the time of the injury or discovery of the damage. The limitations vary according to the type of accident or injury sustained. In some cases, the victim has to move fast or miss out on a chance for compensation.
Personal Injury Cases Have a Discovery Period and Can Take Time.
It is easily assumed that personal injury cases are straightforward and easily resolved but that is usually not the case. Personal injury suits are not black and white. A lot of investigation goes into each case. There is a lot of information gathering and documentation that takes place. This can drag the process out for months and even years. This could be detrimental to someone who requires medical attention from a car accident. It could turn out to be a long and expensive suit. However, having a good lawyer can speed up the process.
Personal injury law is not as simple as it is made out to be. There are so many turns and innings from the investigative process to negotiation and even litigation. No matter the type of accident or cause, an excellent personal injury lawyer is the perfect start to ensure a good finish.