Personal injury law, commonly referred to as tort law, provides legal rights to victims who have been physically or psychologically injured as a result of another person, corporation, government or other body being reckless or wrong-doing. Personal injury laws apply to a variety of cases, including:* Cases in which an individual acts out of negligence and thus causes harm to another person. Examples of these types of cases include, among many others, medical malpractice, slip and fall accidents, automobile accidents, and some cases of toxic torture;* cases where one person knowingly and intentionally causes harm to another. These types of cases include murder, assault and battery;* Cases where a person may not have committed an intentional wrongdoing due to negligence on his part can still be found liable for a lawsuit for personal injury. Sources of this type of personal injury law include dog bite lawsuits (under some state laws) and certain forms of product liability claims; and,* cases involving character abuse, such as libel or slander. If you would like to learn more about this, please check out Baton Rouge Injury Lawyers
The primary purpose of personal injury law is to provide legal rights to compensate injured victims directly after suffering a loss or accident that they would otherwise not have suffered if it was not for the defendant’s negligence or omissions. Personal injury regulations place a legal obligation on individuals and companies to conduct and communicate on a reasonable level of care and consideration with each other. It is hoped that these laws will facilitate and promote good conduct and minimize bad behaviour; thus, laws on personal injury serve a major function for the general public.
Although no personal injury case is exactly the same as another because no incidents are exactly the same, these types of cases usually tend to follow these steps: the plaintiff is injured by a defendant Except for contractual infringements, this can be almost any unscrupulous act on the part of the defendant.
Defendant is found to have violated a legal duty to the plaintiff The breached duty depends on the particular case circumstances. For example, there is a legal obligation on producers and/or distributors not to allow illegal or unsafe products to enter the market.
Settlement Negotiations If there is clear evidence to all parties that the defendant has violated his contractual duty, then the defendant may choose to settle the matter outside the court by providing the plaintiff monetary compensation to prevent the plaintiff from filing a lawsuit against the defendant.
If the plaintiff disagrees with the offer from the defendant, he may prosecute the offense in litigation. After a lawsuit is filed at any point a settlement can be proposed and discussed until a jury or court declares a verdict.
Plaintiff Brings a Complaint Against the Defendant When the claimant first brings a case, he must be prepared to state what is the legal basis for the claim and what kind of relief he wants to seek in compensation for his injury.
The Defendant files a response to the complainant’s argument The defendant must respond within a certain period of time after being served by some sort of official (usually a sheriff or a process server). If in the time given the defendant fails to provide a response, a default judgment will be filed and the plaintiff will automatically win.
The pre-trial period starts after a Response is submitted by the Defendant This period is intended to build up the case of each party by gathering evidence to support both sides of the case. Discovery between the parties may be made, expert witnesses may be retained, and depositions may be required during this period.
The court The plaintiff is required to prove that a duty has been owed, that the defendant has violated the obligation, that the defendant’s infringement has directly caused the plaintiff harm or damage, and that the plaintiff has sustained injuries as a result.