When you suffer injury because of another’s negligent or intentional acts, the remedy is to file a personal injury claim. However, there is much to be learned as to how such personal injury cases work. This article will discuss the topic personal injury explained; how case work.
Personal Injury Explained: How Cases Work
Firstly, it is important to note that there are no two accident that are exactly the same. And neither are there two personal injury cases that will follow the same path. However, there are some steps that are standard that most personal injury cases will follow. Some of these include the following:
- Someone does something to injure the victim – such injury can be any bad act done by the defendant. An exception exists in this regard is when there is a contractual breach; this is dealt with under contract law.
- The injured person determines that the defendant breached some legal duty – the legal duty that is breached depends on the situation where the injury happened. E.g., drivers have the legal duty to drive their cars with the level of care shown by a reasonable person. Doctors’ legal duty is to treat a patient according to appropriate medical standards of care in that area and field.
- Settlement – if it is clear that the defendant breached a legal duty, it’s likely the defendant may settle out of court. This process involves the defendant making an offer of money compensation. This is in exchange for the injured person making a binding promise not to file a lawsuit over the injury.
If the injured person agrees to the settlement, then the case ends. However, if they do not the case goes to court and a personal injury lawsuit is filed. That being said settlement negotiations can carry on even after the lawsuit has been filed.
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