Definition of Personal Injury Law
Personal injury law protects the rights of victims that have suffered harm because of the negligence of another. The law also protects the accused from frivolous or unreasonable lawsuits. Both the person claiming personal injury and the defendant must take steps necessary to protect themselves and others from further injury. Personal injury law outlines the obligations and rights of all parties involved in an injury lawsuit.
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Definition
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Personal injury refers to accidents, injuries or death resulting from the actions of a person or entity that is found to be legally responsible for causing harm. A person that suffers an injury as a result of another party's negligence may file suit against that party. The legal proceedings surrounding the circumstances of the suit is considered personal injury law. Personal injury law is governed by the legal precedent of previous cases. Lawsuits fall under the jurisdiction of state and county courts where the incident occurred.
Lawsuits and Settlements
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A personal injury lawsuit is considered a civil complaint against a person or entity that has negligently caused a person injury or harm. The person filing the lawsuit must prove the other party had a duty to protect them from harm and failed to uphold that duty. Lawsuits are often settled out of court when both parties agree that further action is not necessary. Settlements usually involve the alleged negligent party paying the plaintiff an appropriate sum of money for the harm they suffered.
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Types of Cases
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There are several types of personal injury law cases. Common personal injury cases are automobile accidents. Business and property owners that display negligent behavior such as poor building maintenance or defective products are subject to personal injury suits if their negligence results in an injury. Product liability cases are also common in personal injury law. Product liability suits occur when faulty products hurt a consumer.
Negligence
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In personal injury lawsuits, the alleged victim must prove that the other party's negligence caused harm or injury. Negligence is considered careless behavior "that falls below the standard established by law for the protection of others against unreasonable risk of harm." Professionals that perform services for consumers are required to uphold certain standards. For example, the negligence of doctors can result in malpractice suits if such negligence puts a person's life in danger.
Statute of Limitation
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The statute of limitation in personal injury law refers to the amount of time an injured person has to make a legal claim against another party. Each state's statute of limitation is different and can range from one year to six years from the date of injury. Statute of limitation is not always restricted to the date an incident occurred, however. In some instances, time does not begin until the injured party discovers they were harmed. For example, a person may not discover the harmful effects of prescribed medication until years after they have stopped taking the medicine.
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References
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