2 Things That Qualify as a Personal Injury Complaint

Disputes about personal injury happens when an injured person complains against another person for suffering personal injury from his hands. There legal remedy available is for the injured party to file a case against the party that caused the injury. The type of case that will be filed is a civil case and not a criminal case, for these types of complaints.

This falls under personal injury law. This is what you need to know if you are planning to file a case against someone who has done you harm.

How does personal injury law apply to your case? There are two basic ideas covered under personal injury that need to be established in order for you to have a solid case.
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The first is an injury. Personal injury, not damage to property or possessions, is what injury is all about. Property damages are covered under a different law and you need to file a separate complaint about it. So any damage your property or possession suffers is not considered a personal injury.
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Car accidents, slip and falls accidents are covered by personal injury law that if you suffer from these things, you might have a good case of personal injury. But if there is no injury, there is no case.

And it is not a criminal case, only a civil case. Since this is a civil case, it is about getting money for the injury, and not about putting someone behind bars.

There must be negligence on the part of the person that caused the injury, that is the second basic concept. In other words, if the other person could have prevented the injury from happening to you, but did not act upon it, then he is equally guilty of causing the injury, by not preventing it. But your injury has to be proven to be the direct result of the other person’s negligence.

Lastly, depending on your injury, there is a time limit prescribed by law (statute of limitations) in which you should file a case, otherwise, your complaint becomes invalid.

Don’t go chasing after a victory in court because often times personal injury case is settled out of court. A settlement happens when the lawyer of the accused makes an offer for you to drop the case in exchange for a certain amount of cash, and your lawyer agrees to accept it. When this happens, there will be no trial, and the case doesn’t need to go to court.

But on any given day, if your lawyers cannot agree on a settlement because a lot is at stake for either party, then the court will decide your case.

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