What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a civil legal claim for money damages brought by a individuals who suffered harm as the result of another party's negligence. Personal injury lawsuits fall under the legal category known as tort law. A tort is a legal wrong. A person who files a personal injury lawsuit (known as a plaintiff) is alleging that the other party (the defendant) caused the plaintiff physical, emotional or commercial harm. In order to prevail in a personal injury lawsuit, the plaintiff must show that the defendant owed the plaintiff a duty of care, and that the defendant breached that duty.
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Typical Cases
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The most common types of actions that give rise to such lawsuits are vehicular accidents, medical malpractice, slip-and-falls, and manufacturing defects. Other actions that can give rise to a claim are known as intentional torts; these torts include battery, defamation of character and invasion of privacy.
Chance
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To prevail in a personal injury lawsuit, the plaintiffs must prove that they suffered physical or emotional injuries, and they must also prove that the defendant's conduct caused those injuries. A judge or jury can order the defendant to pay compensatory damages for lost wages, medical expenses and punitive damages to punish the defendant for gross negligence.
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Who Can Bring a Personal Injury Lawsuit
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Typically, personal injury lawsuits are brought by one or more private individuals against another individual, business or--in some cases--a government agency. Relatives of a person who died because of the defendant's conduct may also bring suit on behalf of the decedent's estate.
Who pays?
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Damages are usually paid by the defendant's insurer. Many states have laws limiting the amount of damages a plaintiff can recover for certain injuries.
Attorney's fees
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Lawyers representing a personal injury plaintiff are paid only if the plaintiff prevails and the defendant is ordered to pay damages. In most states, lawyers recover approximately one-third of the damages, plus expenses. Many states have laws setting a cap on how much attorneys may recover.
Settlements
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Because of the high costs associated with litigation, most cases are settled out of court. Frivolous claims without merit will be dismissed by a judge.
Time Frame
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In most states, a person has two years from the time of the injury to file a personal injury lawsuit.
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Comments
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gina532
Jul 26, 2010
need personal injury lawyer for intentional tort against Simone Jackson of Bank of America 1206 s. bowen rd. arlington,tx for theft of money while counting money, disrespectful attitude& conducts. Revealing of personal banking informations. Manager Jamar Johnson disrespectful conduct towards account holders and involvment in Simone Jackson set up & theft. these bank employees been threaten & stealing money for years. Arlington police Dept. are corrupted being paid off by these employees, sexually assaulting females & involved in young mexican human slave trade & molesting the Mexican girls.
