Victims of personal injury cases can get just economic and non-economic compensation as provided for by personal injury law.
Personal injury law deals with cases that involve victims of accidents or intentional wrongs. The usual goal in this type of lawsuit is compensation whether it is economic (damages, lost wages), non-economic (rehabilitation, household help) or both. However, in some situations, a punitive outcome such as possible jail time may be reached.
What are the causes of personal injury?
Anything that causes injury to a person as a result of the action of another can be a basis for the victim to file a personal injury lawsuit. The most common include the following:
- Negligence – This is the usual reason behind injuries caused by vehicular accidents or medical practice.
- Liability – Manufacturers of a certain product that causes harm to a consumer can also be brought to task through the personal injury law. The same goes with toxic exposure from industries situated near communities and injuries from faulty construction.
- Social wrong – Victims of bullying or preferential treatment because of race or gender, among others, can also file a personal injury lawsuit.
- Intentional wrong – This pertains to any voluntary act that injures another person.
When does a victim need a lawyer?
Victims can opt for a legal remedy especially in the following situations:
- Medical malpractice – Anyone who has experienced negligent or incompetent health care services needs a legal representative to get the most of his/her claim.
- Permanent disability – This covers appearance and physical abilities. A lawyer helps in figuring out the terms of compensation that would be highly beneficial to the victim and his/her family.
- Fair settlement – To reach the best terms, legal representation is the best way to go. Some of the factors that are considered as basis for compensation include the severity of injuries and the time the victim is not able to work due to his/her injuries to name a few. Having an experienced lawyer by your side eases this process.
What happens during a personal injury lawsuit?
The victim is the plaintiff while the accused is the defendant. Legal representation is vital in the process since many cases do get settled before trial. As mentioned earlier, money compensation for injuries is the most common objective for this type of case. Only a small percentage of personal injury lawsuits get a trial date.
What happens when the plaintiff wins the case?
When the plaintiff wins the case, the judge or the jury will award the victim the compensation as laid out by the terms. This is the reason why the victim needs legal guidance throughout the process. The terms should encompass many things such as medical bills, lost wages (both present and future), current condition, disfigurement, and disability.
Is there a particular duration for a personal injury lawsuit to be filed or be considered valid?
This depends on your location because the statutes of limitations vary from state to state. Just to be safe, do not let a year pass from the time the personal injury happened before you file your claim.
When do I agree to a settlement?
When you settle a case, this means you agree to drop the case in exchange for appropriate compensation. As said earlier, this is the usual outcome in a personal injury lawsuit. Important to note is that by reaching a settlement, the plaintiff is absolving the defendant from further liability.
Now that you know the basics about personal injury law, it is high time that you get a good NJ Personal Injury lawyer to help you win your case. At DeZao law, we have a team of experienced, battle-hardened, and thoughtful law professionals who will get you the justice you deserve.