The Basics of a Personal Injury Case

If a person has been harmed or injured because of the malpractice of other people or companies, a personal injury case may arise. Such cases arise when a person wants to legally hold another person or company responsible for the harm he/she has suffered. In personal injury cases the harmed party is called the plaintiff and the person or the company that is blamed for causing that harm is called the defendant. Some examples of personal injury cases include:

  • Medical malpractice
  • Asbestos cases
  • Products liability
  • Defective medicines
  • Workplace injuries

In most of the personal injury cases the basis of for holding a person legally responsible usually refers to what is known as “negligence.” If a person or a company is declared liable for any harm as a result of negligence, then they are required to pay for the costs associated with such harm or medical bills.

A personal injury case may usually be resolved in one of the two ways. The fist one is the negotiations that may be carried out either before or after a lawsuit has been filed. If the negotiations do not help to resolve the matter, then trial may be held. During a trial the judge or jury listen to the case and decide whether the defendant should be liable for the harm that the plaintiff has suffered or not.

There is also another term, in the field of personal injury cases, called “statute of limitations.” This sets a time limit on personal injury claims. If the injured party files a claim too late, their legal claim will not be considered. Each state has its own statute of limitations for such cases. Usually, the period is between 1-6 years.

If a person has been injured as a result of medical malpractice or a car accident or in any other type of personal injury case, then he/she should turn to a personal injury lawyer for legal help. If you want to learn more about personal injury cases and other legal topics, bookmark our website for further articles.


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