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Whether we are walking in the streets, doing our daily tasks in our workplace, riding our motorcycle or car while on our way home, we cannot disregard the fact that we may suffer injuries or accidents at any time. They often take us by surprise, leaving us in pain while our family suffers emotional trouble and physical distress while taking care of us in a medical facility. Though these mishaps may be a common incident to be experienced by a person, this is not an excuse for other people to act carelessly that results to other's injury. If you're a victim who suffer personal injury and decides to protect your rights, you may wanted to know basics about the law that protects your interest.
Personal Injury Case
Legal disputes arise when a victim suffers injury and property damages due to an alleged negligence of the other party. A personal injury case will come into formality through of civil court processes that will litigate to prove whether the defendant is legally at fault for the injuries suffered by the victim. However, common cases are settled our of court to prevent costly and long-term trial that may excruciate both parties. How personal injury cases are processed?
Formal Lawsuit
Unlike criminal cases in which the government initiates the arrest of the offending individual, civil cases like a personal injury case are filed in court as a formal lawsuit by private entities/entity called the “plaintiff” against another person, a business, or even a government agency. In the lawsuit, the plaintiff must state that the defendant acted carelessly resulting to his or her injury.
Informal Settlement
Since personal injury cases are civil cases, settlements out of court are often preferred by both parties in the presence of insurers with the assistance of their lawyers. Settlements are form of negotiation that both parties will mutually agree not to bring the case in court as long as the victim will be given the right amount of money as a compensation for the damages that has been incurred.
Where Personal Injury Lawsuits can be Filed?
Personal injury cases are under the jurisdictions of state courts where the injury has occurred. If the victim of personal injury reside in California and it is where the injury also occurred, the plaintiff will file a lawsuit in the Superior Court of California. Different states in the U.S have varied legal application with regards to personal injury, so if a victim wanted to get a legal assistance, it should be a lawyer specializing in personal injury within the state.
If your case reaches over $75,000 of damages amount, the case can be filed in federal trial courts instead of bringing it is state courts. Before filing a lawsuit, it is essential that you understand how much your damages cost for you to decide where to file your case. It is suggested that in these cases, you hire personal injury lawyers to assist you through the process. The laws that govern personal injury cases are often tricky and complicated so it is better if you find a legal representative whom you can trust to protect your rights.
Legal disputes arise when a victim suffers injury and property damages due to an alleged negligence of the other party. A personal injury case will come into formality through of civil court processes that will litigate to prove whether the defendant is legally at fault for the injuries suffered by the victim. However, common cases are settled our of court to prevent costly and long-term trial that may excruciate both parties. How personal injury cases are processed?
Formal Lawsuit
Unlike criminal cases in which the government initiates the arrest of the offending individual, civil cases like a personal injury case are filed in court as a formal lawsuit by private entities/entity called the “plaintiff” against another person, a business, or even a government agency. In the lawsuit, the plaintiff must state that the defendant acted carelessly resulting to his or her injury.
Informal Settlement
Since personal injury cases are civil cases, settlements out of court are often preferred by both parties in the presence of insurers with the assistance of their lawyers. Settlements are form of negotiation that both parties will mutually agree not to bring the case in court as long as the victim will be given the right amount of money as a compensation for the damages that has been incurred.
Where Personal Injury Lawsuits can be Filed?
Personal injury cases are under the jurisdictions of state courts where the injury has occurred. If the victim of personal injury reside in California and it is where the injury also occurred, the plaintiff will file a lawsuit in the Superior Court of California. Different states in the U.S have varied legal application with regards to personal injury, so if a victim wanted to get a legal assistance, it should be a lawyer specializing in personal injury within the state.
If your case reaches over $75,000 of damages amount, the case can be filed in federal trial courts instead of bringing it is state courts. Before filing a lawsuit, it is essential that you understand how much your damages cost for you to decide where to file your case. It is suggested that in these cases, you hire personal injury lawyers to assist you through the process. The laws that govern personal injury cases are often tricky and complicated so it is better if you find a legal representative whom you can trust to protect your rights.
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