When a person suffers an injury from another person, the person who inflicts the injury may be legally liable to the injured person. If it happens that the injured person seeks a legal remedy against the person who caused the injury then he will have to file a case against that person. The type of case that will be filed is a civil case and not a criminal case, for these types of complaints.
This type of case is covered by what is commonly referred to as personal injury law. This is what you need to know if you are planning to file a case against someone who has done you harm.
But what exactly is personal injury law all about? You need to understand the two basic concepts behind personal injury that the law appreciates.
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The first is an injury. But for an injury to be valid, it has to be done to your person, not to property or any other possession. Property damages are covered under a different law and you need to file a separate complaint about it. So any damage your property or possession suffers is not considered a personal injury.
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But personal injury can come in many forms, from using a certain product, from accidental falls, or from a car accident. But if there is no injury, there is no case.
And it is not a criminal case, only a civil case. Since this is a civil case, it is about getting money for the injury, and not about putting someone behind bars.
The second basic concept is that of negligence on the part of the person that caused the injury. In other words, if the other person could have prevented the injury from happening to you, but did not act upon it, then he is equally guilty of causing the injury, by not preventing it. But your injury has to be proven to be the direct result of the other person’s negligence.
There are different time limits for injuries under the statute of limitations within which you should be able to file your complaint, otherwise it becomes invalid.
Usually, personal injury cases end up in a settlement. If you have a seasoned lawyer, once the other party offers to settle out of court offering a cash amount for your to drop the case, he will be agreeable to it. When this happens, there will be no trial, and the case doesn’t need to go to court.
The court will decide on any personal injury case that is brought before it to trial if attempts at settlements fail.