Personal injury law gives a person a legal remedy to recover losses that may stem from an incident or an accident. In simple words, if a person gets injured or harmed because of the action or inaction of another, then that person has the right to seek just compensation. Here are the basics of personal injury law that one should be familiar with.

Situations or Circumstances Where Personal Injury Law May Apply

There are different situations or circumstances where the rules of personal injury law may apply. They are as follows.

Accidents

Slip and fall accidents, medical malpractice, and car accidents are some of the situations that can warrant the application of the rules of personal injury law. The basic premise is that there is carelessness on the part of one person which resulted in the injury of another person.

Intentional Acts

These are situations wherein the conduct of a person is deliberate. This purposeful action resulted in the harming of another person. Examples of this are assault and battery as well as other intentional acts.

Defamation

The rules of personal injury law also apply to a person who harms another person’s reputation. These are often defamatory statements directed to another person.

Defective Products

There are circumstances when a defective product can injure a person. It is important to understand that the manufacturer of such products has no intention of causing the injury. 

How a Personal Injury Case Proceeds

It is true that no two personal injury cases are alike. However, the legal process allows for the observation of certain rules or steps to follow. Here is how a typical personal injury case proceeds.

• There is an Accident or Incident Leading to the Injury of One Person

Everything starts the moment a person gets injured because of the action or inaction of another person. The person filing for a personal injury claim is the plaintiff, while the person who is being charged of the breach is the defendant.

• The Person Determines that the Other Person Breached His Legal Duty

This is the most important part of the whole personal injury case process. It is important for the defendant to establish the breach of duty of the other person. It is also important to establish the relationship between this breach of duty and the resulting injuries. For example, it is the duty of every motorist to operate their vehicles in a safe manner. If the injury to a person is the result of the unsafe operation of a vehicle, then the driver of the vehicle is liable.

• Both Parties Try to Settle the Case

Personal injury law allows both parties to settle the matter outside the court. In most cases, the defendant will be represented by his insurer. The defendant and/or his insurer will offer monetary compensation. In exchange, they will ask the plaintiff not to file a personal injury lawsuit in the court.  

Learning about the basics of personal injury law is important. It helps you gain a better understanding whether you have the right to seek just compensation for your injuries or not.