How to Handle a Personal Injury Lawsuit

Personal injury is a legal term used for an unfair injury to one’s body, mind or feelings, rather than an actual physical injury to property. In Anglo-American jurisdictions the word is most frequently used to describe a sort of tort suit in which the individual bringing the suit is accusing the other person of having inflicted personal injury upon him/her. The term also applies to cases in which one’s property is harmed. Personal injury claims may cover all sorts of wrongs, such as libel, slander, malicious prosecution, invasion of privacy, false arrest, assault and battery, and intentional wrongdoing.

Because personal injury claims involve a complex legal process, they are almost never pursued by individuals except on rare occasions when money or assets have become suddenly unavailable. Instead, they are usually initiated by organizations representing the injured party. The attorney handling your case will be well-acquainted with the intricacies of the legal process and will also possess expertise in representing you in negotiations with insurance companies, banks and any other third parties that may be involved in the legal process. Thus, it becomes essential that you find a personal injury lawyer who is well versed with the ins and outs of the legal process and the various laws that govern personal injury insurance claims.

Negligence, lack of experience, or carelessness are three common ways in which an attorney handling a personal injury case can commit fraud or commit professional misconduct. One such example is an attorney who may file a lawsuit or present an argument in court that is untrue. He may also fail to properly advise clients about how to protect themselves from the repercussions of sustaining an injury at the hands of another. In addition, he may fail to provide sufficient advice regarding property damage or personal injury claims.

Apart from fraud or improper advice, there are some instances when attorneys commit ethical misconduct. One such unethical conduct is filing personal injury claims that contain limitations that do not exist. In other words, these claims fail to provide the client with all of the damages and benefits that he or she is entitled to in connection with such injuries. For instance, if an attorney makes a claim for one thousand dollars per day of pain and suffering and states that the victim incurred such injuries as a result of the negligence of another person, the client may not receive such benefits unless the victim can prove that the defendant was somehow negligent in some way.

Another example involves the filing of an informal settlement. In informal settlements, attorneys often settle a personal injury case without involving a jury. (The purpose of an informal settlement is to avoid prolonging a case that has no chance of winning for the plaintiff.) However, once the case is settled without a jury, this does not preclude the victim from filing a lawsuit later on if he or she believes that the defendant acted with deliberate misconduct.

If you think that you have been a victim of legal misconduct, you should consult with an experienced personal injury lawyer today. Many personal injury lawyers deal with a variety of personal injury cases throughout the year. Therefore, if you have a case pending, you may be waiting months for an attorney to get back to you. You should not have to put your case on hold because you do not have enough time to hire an attorney. Contact an experienced attorney today.

Filing Personal Injury Claims in the Process of Settling a Lawsuit

Personal injury is a broad term for an accident to the body, emotions or mind, rather than an actual physical injury to property. In many Anglo-Saxon jurisdictions the word is most often used to describe a sort of civil tort suit in which the plaintiff has personally suffered injury to his/her body or psyche. However in the United States, the term has a broader meaning. It now refers to damage or loss of a person’s reputation, opinion or mental well being. In most US states personal injury law protects consumers from the acts of other people.

Many personal injury law claims center around common law negligence or ordinary torts such as slander, libel and malicious prosecution. In cases such as this the plaintiff must prove both negligence on the part of the defendant and damages. Common law torts are not absolute but have many exceptions. Some of these are slander, false arrest or restraint, invasion of privacy, false imprisonment, birthright, marital rape, negligence perjuries and many others. The list is quite lengthy and could go on forever.

Negligence or the inability to reasonably prevent further injury is not a legal requirement for a civil lawsuit to be successful. Civil lawsuits must be filed within a given time period after the incident for personal injury law to apply. This is known as a statute of limitations. For example, a car wreck in California may be a case of personal injury law. However, it may also be a case of negligence if the injured person had car insurance.

Another basis for a civil lawsuit would be medical treatment or property damage. A pedestrian struck by a car will likely seek damages for personal injury or property damage. Likewise, a motorcycle rider who was hit by a vehicle will likely file a personal injury lawsuit. Again, the statute of limitations for medical treatment is different than that for property damage.

A third basis for filing a lawsuit is employment discrimination. If an employer refused to hire a certain qualified candidate, the applicant may file a complaint. A person who was injured at work can also sue for benefits under the Americans with Disabilities Act (ADA) for wages lost as a result of the injury. Many employers will settle out of court for less money than is fair and in some cases the injured person may have a case.

Sometimes a personal injury case is settled out of court. This occurs when an agreement was reached before the lawsuit was filed that was not too expensive for both sides. The amount paid can be 10% of future expected future income or the cost of treating the person for injuries. Many times an accident occurs and it is obvious that no amount of money can make up for the trauma experienced. An informal settlement might be the best option.