Most personal injury cases are settled before trial. Some are settled before a lawsuit is filed, while some are settled during the litigation process. As a case unfolds, issues of liability and damages and possible defenses to a personal injury claim unfold. Parties, their attorneys, judges, and insurance claims adjustors all work toward resolution. There are several settlement opportunities during the course of a personal injury claim.
Accidents happen and injuries result. But not all injuries are compensable under the law. Negligence is a legal concept that courts have invented over time to determine which injuries are compensable and which are not. All legal elements, or parts, of negligence must be met in order to have a cause of action for negligence. In essence, negligence consists of duty, breach, causation and damages. All of these elements are linked.
Dealing with a personal injury can be stressful, especially when injuries are serious and when the opposing side, whether that is the culpable party or their insurance adjustors or attorneys, either deny liability or the seriousness of your injuries. In any of these situations, it might be best to hire a personal injury attorney as soon as possible. This will allow you to focus on your most important task–getting better. So how should you go about choosing a personal injury attorney?
We all hate getting sued. It seems as though lawsuits are a part of doing business these days. But they may not have to be and there are steps that you can take to both avoid getting sued, and to avoid loss.
If you have been injured, you may have a personal injury claim against the person who caused your injuries. If you do, you may be compensated for those injuries. Here are some answers to typical questions that a personal injury victim may have.
Evaluating a Personal Injury Case: Elements
A finding of liability is the first step in evaluating a potential personal injury case. Determining who is legally liable can be a complicated process in some cases such as product liability, or a fairly straight-forward one in a simple “fender bender” auto accident.
What happens when you suffer an injury? Sometimes an injury can result from our own actions. Sometimes an injury can result from the actions of someone else. Personal Injury law is a tool to apportion responsibility for an injury and, when an injury is proximally caused by another, to compensate you for that injury. This sounds simple, but personal injury is far from simple. Continue reading Personal Injury Law