What exactly is a "Personal Injury" case?
These cases are the disputes that emerge after a person's accident or injury. In personal injury cases, usually, someone else is claimed to be legally responsible for the harm caused to a person. This case can only be formalized when filed in the civil court and when processed through the proceedings that seek others faultily through a verdict. However, most of the personal injury cases are settled through informal gatherings before the filing of lawsuits. If you're a "Suits" fan, you know what I'm talking about.
A formal lawsuit of a personal injury case is initiated and authorized by the government. Usually, the case starts when a person (the plaintiff) starts filing a complaint against a particular agency, organization, business, corporation or sometimes another person (the defendant) claiming that they are legally responsible because of their alleged careless and irresponsible activities. This exact action is called "filing" of the suit. On the other hand, the early informal settlements involved in the clash between the plaintiff and the defendant should be handled by the both insurers and the attorneys. This settlement is mostly by negotiation which is succeeded by the written agreement and an agreeable amount.
The Statute of Limitations of Personal Injury
Plaintiffs are given a limited time in which they have to file the lawsuit known as "Statute of Limitations." Usually, the time is dictated when the plaintiff discovers the injury or right after he/she is injured. These limitations of the personal injury case are usually established by the state law, and it varies from the type of injury. For example, the period is two years for injuries in Texas and is five years for slanders, sex crimes in the same state.
What qualifies as Personal Injury?
This domain of the injuries includes:
1.Loss of bodily functionality.
3.Degree of reasonable medical probability
As long as the injury is in the above list, a plaintiff can recover:
2.Pain and suffering
3.Inconvenience because of disease, sickness
Is Personal Injury law, a tort law?
Personal injury law deals with legal remedies and legal defenses involved in the lawsuit as a consequence of the wrong conduct. However, the word 'tort' comes from the Latin word 'tort,' which means wrong, twist or harm. Unlike the criminal laws, the tort actions don't involve the government taking action against the wrongdoers. These cases revolve around compensation. Most cases are based on the negligence doctrine which says that every person in the society should be responsible for avoiding any such risks. Therefore, it is not the tort law but strictly a doctrine which also recognizes that some laws are unavoidable. The plaintiff in the process of establishing the liability should show a prudent person who if in the position of the defendant would have reacted differently.