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Article Directory :: Legal Articles
Nobody ever plans to be involved in an accident and no one wants to be injured. However, if you were injured because you were involved in an accident that was caused by someone else's negligence or carelessness then you have certain rights under the law.
Personal injury laws were established specifically to protect people who have been victimized by the negligent actions of individuals or organizations. There are numerous circumstances that cause personal injuries. Here are some of the most frequently cited causes:
• Reckless conduct
• Negligence, which is defined as failing to exercise the precautions that a prudent person would exercise in similar situations
• A manufacturing defect which could be related to a faulty design
• Food poisoning
• Slipping and falling
Personal injury lawsuits are usually filed by an attorney after some event has taken place to cause the injury. Here are some of the most common events:
• Vehicular accidents
• Dog bites
• Medical malpractice
• Drug recalls
• Nursing home abuse
• Injuries caused by defective products
All personal injury lawsuits are based on two key elements: damages and liability.
Damages reference the seriousness of an injury or a loss to the victim, or plaintiff. Once it has been ascertained that there were damages, then liability needs to be proven.
In other words, the plaintiff's personal injury attorney must prove that the defendant was responsible for causing the injuries. The outcome of any case is based on these two components.
If it's proven that a defendant was liable for causing the accident then damages will be awarded to the plaintiff. The amount awarded is based on the seriousness of the injury. This is determined, in part, by:
• The amount of wages or profits that were lost
• The physical, emotional ,or mental pain and suffering experienced by the plaintiff
• The medical expenses that resulted from the injury
• The amount of physical or mental disability caused by the accident
• Property damage
• Personal expenses
The amount that is awarded is intended to compensate the victim for what he or she has lost. In some instances, the court may also award punitive damages.
Once a case is filed it can take years before it is resolved.
Alternatively, the plaintiff and the defendant may agree to an out-of-court settlement. Agreeing to a settlement can close a case relatively quickly.
If you have been involved in an accident and you are offered compensation that will adequately cover the damages that were caused, under the advice of counsel you may want to accept the settlement.
Personal injury law can be complex. People who are involved in accidents often choose to hire an experienced personal injury attorney to represent them in court. This way they know that they will receive the largest award or personal injury settlement that they can.
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