Personal injury claims are not as simple as they appear. If you have been injured, your lawyer is required to prove that you have been injured and the other party was negligent, leading to the injury. There are a few other important things you need to know before instituting an action for compensation in this type of case.
Personal injury is not a criminal case
Despite the fact that there is injury to one party, a personal injury claim is not a criminal matter. It is based on the law of torts and has to be initiated by the injured party, known as the claimant or plaintiff. This case is often handled by a personal injury lawyer in Orting as opposed to the prosecutor in a criminal case.
For personal injury cases, there is no punishment such as imprisonment or probation. It is often concluded with the award of damages for the injured party. The entire process is between the injured party and a company or business.
A good example of this is an employee who was injured in the line of duty. It could also be a person who was injured by a defective product.
Personal injury is covered by the statute of limitations
The statute of limitations is a rule that prevents plaintiffs from bringing a suit after some time has elapsed. This rule comes from the belief that it would be more difficult to prove the case after a long time. Many other issues are statute-barred, such as assault and even more serious crimes.
For personal injury cases, there is a time limit. This means that you cannot approach the court after that limit has elapsed. It is usually calculated from when the injury is discovered. A suitable example is a back injury from working in unsafe conditions. It may not be obvious until after severe damage has been done.
Out-of-court settlement is allowed
Unlike criminal cases, you can settle out of court in personal injury claims. In most cases, the court allows room for further negotiation before starting the trial. Your lawyer will demand compensation from the company on your behalf, and if the company’s representatives refuse, the court will make the decision.
Despite the failed negotiations, there will still be opportunities to settle out of court. If it still fails, the judge’s ruling will be final.
Each case is different
There are several types of personal injury cases and each one is unique. Some include wrongful death, truck accidents, slip and fall, animal attacks, medical malpractice, and motorcycle accidents. The elements of these cases are similar. However, the severity of the injury will play a large role in the compensation and how the case goes.
When there is death or serious injury, the case is more complicated. So it is crucial to engage the services of a qualified attorney in this field. They can understand the facts of the case and draw up a plan to win the case.
