Personal injury law is a commonly practiced area. However, most individuals are at quite a lack of words when they are asked to explain what this type of law is. Today, we are going to take a closer look at what personal injury law is and the basic foundational concepts surrounding this legal sector.
What Is Personal Injury Law?
Personal injury law consists of legal disputes that arise when one person is injured due to the neglect of another person or business. These hearings are heard in the civil court where the injured party seeks compensation from the suspected neglectful party. This law is different from criminal law in the fact that an individual, not the Government, is pressing charges against another party.
Personal injury lawsuits can be resolved in a couple of different ways.
Formal Lawsuit – This is where the injured party, known as the plaintiff, files a civil complaint against another individual, business, or agency. The party with the complaint being lodged against them is the defendant. The plaintiff files the suit stating that the defendant acted irresponsibility and as a result, they were harmed.
Informal Settlements – Settlements can also be the end of a dispute about injury law Toledo. In fact, most personal injury cases are settled outside of the formal court process. This is where the defendant, their attorney, or their insurance company will negotiate and agree to a specified settlement with the plaintiff.
Understanding Statutes of Limitations
Statutes are simply restricted timeframes that injured individuals have to take legal action against those who were neglectful. If a timeline runs out before the injured person attempts to sue the neglectful person, they forfeit their right to ever do so in the future.
Different types of injuries can have various statutes of limitations imposed on them. This is why it’s important to take legal action sooner rather than later. Realize these statutes of limitations vary according to State and Federal Laws.
What Specific Cases Fall Under Personal Injury Law?
There are various cases that fall within the personal injury sector of the law. These include:
Accidents – Auto, Slip & Falls, Medical Malpractice
Intentional Injuries – Battery, Assault, Intentional Torts
Who Makes Personal Injury Laws?
Besides the statutes of limitations that are imposed on individual states, the laws of personal injury law are made from past court rulings. All judges must follow the previous precedents that are set by a judge that is in a higher court than they are.
Each state uses its own past decisions by high court judges to formulate their Restatement of Torts. This is a sort of guidebook that helps to explain the rules that have been providing guidance for decisions.
There are some select laws that have been passed in certain areas of personal injury law that supersede all other past court rulings. For example, worker’s compensation laws have been passed and regulate the realm of personal injury associated with work-related injuries.