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Posted by Pacific Attorney Group on 09/06/2017

Learn about Personal Injury Law

Learn about Personal Injury Law

After an accident, most people focus on getting treatment rather than finding out whose fault it was that the incident occurred. However, in some cases, you may feel like you deserve fair compensation from the responsible party. In such situations, it is advisable that you take quick action to enable you to build your injury case.

It is recommended that you take detailed notes about the injuries suffered, the cause of the accident, etc. These notes will be helpful when discussing your legal options with a personal injury lawyer. Even if you choose to hire an experienced accident lawyer to help you with your case, it is important to have the following information about personal injury law.

What constitutes a personal injury case?

The case arises from a conflict that when one suffers injuries from an accident caused by another individual. After being involved in such an accident, you have two options, that is, formal settlement or informal settlement.

A. Legal settlement

In a formal arrangement, a personal injury lawsuit commences after the injured party (the plaintiff) files a complaint against the party whom they deem responsible for their injury (the defendant). Typically, these types of lawsuits are settled in a court of law. Hiring an accident lawyer is highly recommended in these cases since they will help you understand the best legal option.

B. Informal settlement

In case the plaintiff does not consider the process of going through court proceedings necessary, the best solution for both parties is an informal settlement. Personal injury cases are resolved before a lawsuit is filed. Usually, such agreements are discussed between the parties involved, their attorneys and insurance companies. These settlements take the form of negotiations. After fruitful negotiations, both sides sign a written agreement. Quite often, these agreements forbid both parties from taking any further course of action regarding the matter and instead involve monetary compensation to the injured individual.

The Statute of Limitations and what it means for your injury case

After a personal injury occurs, law dictates that you file a lawsuit in a span of two years after the occurrence of an injury. After a period of two years, the plaintiff’s lawsuit for personal injury in a court of law becomes void. Therefore, you are advised to file a legal complaint as soon as possible if you think a formal settlement necessary.

Sources of legal guidance for personal injury cases

While other areas of law have rules stipulated clearly in a statute, personal injury cases do not have a ruling. The primary source of legal guidance for such cases is, therefore, the jury decisions made in a court of law. However, in California, judicial decisions are the primary source of law for lawsuits arising from accidents or other forms of bodily harm.

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