When does personal injury law apply?
There are four main areas where personal injury law applies. These areas include; accidents, intentional acts, defective products, and defamation.
Personal injury law applies to situations where one person harms another due to negligence or carelessness, i.e., in a slip and fall incident, car accident, medical malpractice incident, etc.
2. Intentional acts
Acts which have been done intentionally to harm another person/s are also prosecuted using personal injury law. Examples include, but aren’t limited to assault and battery cases.
3. Defective products
If a party is liable for causing injuries without any intentional wrongdoing or negligence, liability claims arising from such an instance such as defective products are addressed under personal injury law.
If a person makes defamatory statements which cause harm to the reputation of another person or entity, such a case is addressed using personal injury law.
The role of a personal injury lawyer
Personal injury lawyers handle personal injury cases resulting from accidents, intentional acts, defective products, and defamation. In case you are wondering what personal injury attorneys do, here’s a summary;
1. Explaining rights
Personal injury attorneys are responsible for explaining to their clients how an accident and various legal issues affect people’s rights. Different jurisdictions have different laws on statutes of limitations as well as how comparative negligence affects cases. Victims must understand their rights as well as those of others before launching claims.
2. Providing legal advice
In personal injury cases, it’s crucial for you to avoid giving statements to other parties since they may be looking for avenues of denying liability. Hiring a personal injury lawyer allows you to get such advice and more such as recommendations on where to seek medical treatment in an effort to document the relationship between the injury and accident.
3. Representing clients in court
Personal injury cases rarely result in trials. Most are settled before lawsuits are filed. However, if insurance companies deny claims, the only option victims are left with as they try to recover is taking their cases to trial. Litigation is a complex process that requires very close adherence to procedures as well as rules of evidence. This is a task best handled by highly experienced attorneys.
If you live in an area like York, PA for instance and your personal injury case goes to trial; it is recommendable to hire the best York personal injury lawyers.
4. Completing professional investigations
The best personal injury firms have internal and external experts who assist them in completing investigations if need be – when the cause/s of an accident is disputed. If your personal injury case is complicated (there are no witnesses, evidence, etc.), don’t worry, just hire the best personal injury firm you can find.
5. Assessing damages
Personal injury attorneys are also skilled in accessing damages. Many accident victims don’t think beyond the immediate consequences of an accident. Most victims think of car repair and hospital costs only overlooking other costs such as loss of income while nursing injuries and long-term effects of an injury. Personal injury attorneys are the best-placed professionals for assessing overall damages because they are skilled and they also have access to other professionals (actuaries and economists) knowledgeable in assessing damages.
6. Working through numerous legal processes
Personal injury attorneys are the best-placed professionals for negotiating with insurance companies on behalf of victims before as well as after a personal injury case has been filed in court. They can also help in litigating cases if settlement offers aren’t satisfactory or when claims are denied. Personal injury lawyers also help in alternative dispute resolution. Personal injury cases can be settled through arbitration or mediation processes where the victim and person responsible for causing injury discuss and come up with an out-of-court solution.
Personal injury law is complicated. You need an experienced attorney to interpret the law correctly and offer sound legal advice and representation. The stakes in a personal injury case can be very high since the outcome can determine your financial well-being in the future. Representation can be the difference between having your case dismissed and getting the compensation you deserve. The importance of working with the best personal injury lawyer you can find can’t, therefore, be overlooked.