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Basics Of The Personal Injury Lawsuit

Though mishaps are commonplace,  the suffering and pain that results can be intense. If someone is protecting their legal rights after the accident they typically choose to get the help of a personal injury lawyer which may provide them with the compensation they need.

Personal Injury Lawsuits

Legal disputes arise in personal injury cases when one person suffers damage or harm in the form of an injury because of the negligent actions of another party. lady justice

A civil lawsuit is not like criminal cases which are filed by the government but the personal injury lawsuits initiate typically when a civil 'complaint' is filed by the plaintiff against the defendant (which can include another person, corporation, government agency, business), alleging that they acted carelessly and therefore, caused the plaintiff's injury.

Settling Vs Going To Trial

In reality, most personal injury lawsuits are resolved through a settlement between the plaintiff and the defendant. This settlement is done usually in a negotiation form, which follows the written agreement in which both parties without any further legal action, choose to resolve the dispute. Typically, the settlement provides the plaintiff with monetary damages for their losses.

If a settlement can't be agreed upon, the case will go to court. There, a judge and/or jury will determine the outcome and any compensation obtained by the plaintiff will come from their ruling.

What Is The Statute Of Limitations?

The 'statute of limitation' is the limited amount of time for the plaintiff to file the case. In simple language, the statute of limitations is the time period which begins when the plaintiff gets injured or when they discovered the injury. The amount of time granted depends on the type of accident or exposure which resulted in harm to the plaintiff.

How Can I Move Forward With A Personal Injury Lawsuit?

Any potential injury lawsuit requires a deep understanding of all the facts, the law, and the processes. If the accident impacted someone's life, then the victim should consult with the experienced lawyer to see if a lawsuit can be pursued.

Read more about personal injury settlements here:

Laurence P. Banville
Date Published: December 28, 2017
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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