Personal Injury Cases Learn The Basics (PDF)

If something bad happens to a person, his or her normal reaction
would be to get compensated for it. This is the same principle that
personal injury laws follow. Personal injury law, or tort law, lets
an injured individual obtain just remuneration for his or her losses
suffered from an unfortunate incident.

Not every accident can be treated as a personal injury
claim; and each case is different. Personal injury law
goes back to old common rules. These were made by judges
and not passed as a bill or voted upon by a legislative
body. Thus, claims vary from state to state. No two
accidents – no matter how similar – would get the same
outcome. Today however, there are also many bills and
statutes touching personal injury matters.

Causes of a Claim
Personal Injury claims usually stem from three main sources:
•

Negligence – this is the main ground for injury lawsuits.
Negligence or carelessness leads to accidents, which then
results in injuries. The most common examples are vehicular
accidents, slips or falls, and medical malpractice.

•

Intentional Torts – a 'tort' is any wrongful act. Intentional
torts are wrongdoings that were meant to cause harm and/or
injury.
Examples
are
assault
and
battery.

•

Defamation – false statements or accusations that destroy
another person's reputation. Libel and slander are good
examples.

How Cases Work
Although every incident is different, there's a standard procedure
that every personal injury case follows:
Defendant vs. Plaintiff
Some unfortunate event happens – whether intentional or not – that
brings physical, emotional, or psychological pain to the plaintiff.

The Lawsuit
The plaintiff, after much thought and most likely with
legal help, determines that the defendant has indeed
done him or her wrong and must pay for it. This
exempts any contractual breeches as it is not handled
by the personal injury branch. The plaintiff would
then draft a formal complaint to be filed against the
defendant; detailing the accident, the results, and
required remuneration.

Settlements
Surprisingly, plenty of personal injury cases never go to court.
Especially in states who practice no-fault laws, many of these issues
are resolved between the parties' insurance companies. In the event
that one or both are not satisfied or refuse to agree to the proposed
compensation, then it might elevate to court. Depending on the
amount, anything less than $10,000 usually end up in small claims
courts.

LEGAL AID
Sometimes, people just think that they have a good argument on their
hands. But the law can say otherwise. That's why it's very important
to talk to an experienced attorney first. Getting involved in a
personal injury claim can be tricky. It doesn't matter if you're the
plaintiff or the defendant – you're going to have a headache facing
this challenge on your own.

Hiring professional legal services
is your best bet if you want
tailored advice. If you live in
California, you can contact your
local Los Angeles Injury Attorney
for your next course of action.
Don't just play the victim –
educate yourself.