Personal injury law determines your rights when you are harmed due to someone else’s mistake or negligence. In these cases, you can file a lawsuit in a state or federal court. You, as the person filing the lawsuit, are called the plaintiff, while the individuals, companies, or other institutions you’re suing are called the defendants. Personal injury law outlines the situations that can lead to a lawsuit, who you can sue, what you must prove to win your case, and the compensation you may receive if you are successful.
Personal injury law can cover a wide range of situations, including the following:
There may be other situations where you can file a lawsuit under personal injury law. A seasoned personal injury lawyer can help you understand the legal process based on your specific case.
Personal injury law determines who you can sue when an injury occurs. In most cases, your lawsuit will be filed against the individual, company, or institution directly responsible for your harm (such as government agencies). However, in some cases, you can file against multiple defendants.
For instance, in medical malpractice cases, you may sue not only the doctor who provided inadequate care but also the clinic that employed the doctor. This is where the principle of vicarious liability comes into play, which holds employers responsible for their employees’ mistakes during work. In many personal injury cases, you will primarily deal with the defendant’s insurance company, which compensates for the harm caused within the policy limits.
As the plaintiff, you must prove that the defendant is liable for your injury. What you need to prove depends on whether the defendant acted negligently, intentionally, or if strict liability rules apply.
Generally, you must show that the defendant had a duty (such as driving safely or manufacturing safe products), breached that duty, and caused you harm because of that breach. It’s essential to demonstrate that the defendant directly caused your harm and that the injury is compensable. You will also need to establish the credibility of your evidence.
If you win your personal injury case, you are entitled to compensation to restore you to the state you were in before the injury occurred. Compensation types may include:
However, some states may limit punitive damages or non-economic damages. An experienced personal injury lawyer can guide you through these limits and help you prove the full extent of your loss.
In personal injury law, you have the right to file a civil lawsuit for compensation if you are in the right. However, it is also possible to resolve your case without going to court.
Many personal injury cases are settled through out-of-court settlements. The defendant’s insurance company may offer you a specific amount of compensation in exchange for you waiving your right to sue further. Settling can allow you to receive faster compensation and avoid the stress of a lengthy court trial, but the settlement amount may be less than what you could potentially win in court.
If you are dealing with a personal injury case, contact Yellow Law. Our team of experienced attorneys is here to help you navigate the legal process, protect your rights, and ensure you receive the compensation you deserve.
