TYPES OF INJURIES CAN BE CLASSIFIED AS PERSONAL INJURY
- Injuries sustained in a motor vehicle accident
- Premises liability accidents such as injuries caused by a slip and fall
- Injuries caused by work-related accidents
- Injuries caused by an animal attack
- Injuries caused by medical malpractice
- Injuries caused by faulty or malfunctioning products (product liability)
Any type of physical injury is considered a personal injury. For example, following a motor vehicle accident, you may be entitled to compensation, common law damages or both if you have whiplash injuries or one of the more catastrophic injuries such as amputation, internal injuries, or serious head trauma (which could result in brain injury, paraplegia, quadriplegia, and tetraplegia).
Don’t think for a minute that minor injuries don’t have any bearing when it comes to pursuing a compensation claim. Sometimes, a minor injury can end up being a serious injury over time. For instance, whiplash injuries to the cervical spine or neck can result in recurring headaches and muscle spasms. This can interfere with your work and daily activities, and over extended periods of time, can pose to be financially and emotionally destructive.
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Many civil personal injury cases are based on negligence, which means that the injured party may have to prove that:
- The person causing the injury (defendant) owed a duty of care to the injured (plaintiff).
- That duty was beached by the defendant.
- The defendant’s breach of duty caused the injury to the plaintiff.
- The plaintiff suffered injuries.
WHAT ARE THESE 5 FACTS?
Fact 1: The Different Personal Injuries Cases
A formal personal injury lawsuit usually involves two parties. One of which is the plaintiff. The party that the lawsuit is brought against is the defendant. A defendant may be a corporation, person, business or some other entity. However, there may be more than one party involved in a lawsuit. Personal injury suits differ from criminal suits as they involve civil court proceedings rather than one that is initiated by the government. The plaintiff may seek remedies for their damages. This can be resolved through litigation; however, a dispute may be resolved informally by settling out of court as well. In this case, the plaintiff files a complaint alleging the harm incurred was a result of the inaction or negligence of the defendant.
Fact 2: The Early Settlements
Most cases settle early. Early settlement can occur through those involved in the dispute, attorneys representing both sides or by the insurers. In such an arrangement, the parties come to an agreement through negotiation. At this point, both parties agree to forgo further action in the matter through a written agreement.
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Fact 3: The Time Limit
In personal injury suits, the plaintiff has a limited time to bring the suit against the defendant. This amount of time is referred to as the statute of limitations. This period generally begins at the time the plaintiff is either injured or discovers the injury. For instance, in elder abuse cases, the plaintiff may not discover the injury immediately. A Denver personal injury lawyer can help to address this concern. Each statute of limitations varies according to the type of injury incurred. People need to move fast as some statutes of limitations are limited to one year.
Fact 4: The Statutes of Personal Injury
There may be statutes or other types of laws surrounding personal injury. For instance, elder abuse has both state and federal regulations regarding staffing. However, the history of how personal injury has developed mainly from court decisions. Statutes have been written as a result. Many findings are based upon previous cases.
Fact 5: The Discovery Process
Prior to litigation, both parties may request information in the discovery process. This process involves requesting information or documents surrounding the issues in the case. This process can be lengthy, but it is necessary to discover information surrounding the events in the case. A Denver personal injury lawyer can help with the process.
If you or a loved one has been harmed as a result of negligence, contact a personal injury lawyer immediately to discuss the details of your case.
THERE ARE 2 KINDS OF PERSONAL INJURY LAWSUITS
- Formal “Lawsuit” Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the “plaintiff”) files a civil “complaint” against another person, business, corporation, or government agency (the “defendant”), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as “filing a lawsuit”. Our discussion on negligence and proof is especially helpful.
- Informal Settlement in reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
In times like this, it is important to find a lawyer that could handle your case by scheduling an appointment that offers free consultation.