While nobody prays to be the victim of an accident or mishap, these accidents happen daily and they result from different causes. Thankfully, personal injury law has created a way for accident victims to receive justice and compensation. In reality, if there was no P.I.L. a lot of victims would have been hapless.
WHAT IS THE PURPOSE OF PERSONAL INJURY LAW? The primary goal of personal injury law is to provide legal rights for injured victims to be compensated financially after suffering from a loss or injury that they would otherwise not have endured if it was not for the negligence or omissions of the defendant. Personal injury laws impose a legal duty on people and companies to perform and interact with one another on a minimum level of care and attention. These laws are expected to encourage and promote good behavior and reduce bad behavior; therefore, personal injury laws serve a significant purpose for the general public. HOW DO PERSONAL INJURY CASES TYPICALLY WORK? Although no personal injury case is exactly the same as another because no accidents are exactly the same, these types of cases generally tend to follow these steps: Plaintiff is Injured by a Defendant- With the exception of contractual breaches, this can be almost any unscrupulous act on the defendant?s part. Defendant is Determined to have Breached a Legal Duty to Plaintiff. The breached duty is depends on the specifics of the particular case. For example, manufacturers and/or distributors have a legal duty to not allow dangerous or harmful drugs to enter the market.
Settlement Negotiations- If there is obvious evidence to all parties involved that the Defendant breached his contractual duty, then the defendant may opt to settle the matter outside of court by offering monetary compensation to the plaintiff in order to prevent the plaintiff from filing a lawsuit against the defendant. If the plaintiff does not agree to the defendant?s offer, he may pursue in litigation. A settlement can be offered and negotiated after suit is filed at any time until a verdict is announced by a jury or court. Plaintiff Files a Lawsuit Against the Defendant. When the plaintiff initially files a case, he must be prepared to state what the legal basis of the claim is and what type of remedy he wishes to seek in compensation for his injuries. The Defendant Files an Answer to the Plaintiff?s Claim- The defendant must answer after being served by some type of official (usually a sheriff or a process server) within a certain period time. If the defendant fails to provide an answer in the time given, a default judgment will be filed and the plaintiff automatically wins.
Frankly, without an experienced and skilful injury attorney, the chances of receiving compensation are almost nonexistent. Whilst the criterion for receiving compensation sounds straightforward, proving it in court is a different ball game entirely. It must be proven beyond doubt that the actions of the defendant directly resulted in the P.I. claims made by the plaintiff. Of course, the defendant also has attorneys who will go to any length to discredit the plaintiff?s case and they often have enough money and clout to carry this out.
In view of the above points, without a skilful and experienced personal injury attorney, you can as well forget about receiving any compensation. A personal injury attorney will go to great lengths to prove to a jury that the defendant?s actions or inactions resulted in the injuries sustained by the victim and as such, should be held liable. Doing this usually involves a lot of things such as securing credible witnesses and experts to testify, presenting facts and evidence to reveal the defendant?s faults and a host of others. Thus, winning a personal injury case begins with getting a good injury lawyer and this site is a good place to start.
Learn more about how to get help with Fairfax Personal Injury Attorney Firms.
Source: http://noelinfoservices.com/Legal/archives/9336
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