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PERSONAL INJURY LAW: THE BASICS

There is a high number of cases of injuries and damaged properties as a result of accidents that occurs either at home or at work.  When you or a loved one is involved in an accident, it is very heart aching and as such you may decide to file for a personal injury case to protect your legal rights. At Clarke Law, they will guide you through the stressful legal procedures whilst ensuring you get full compensations. There are a number of questions associated with such step such as what is a personal injury case, statute of limitations, laws and claims. Let us carefully discus them in details.

 What is a personal injury case?

An accident usually involves two or more vehicles and usually one is at fault and the other suffers severe damages. The person who is injured or whose car was damaged, files a case in the court against the individual organization or government that is at fault for compensation.  The person filing for a case is called the plaintiff while the person that is guilty is called the defendant. This type of case is called a “personal injury case”. The settlement for a personal injury case could be formal or informal.

  • Formal “Lawsuit”- This is when an individual (the plaintiff) files a civil complaint against another person, organization or government known as the defendant that they are the cause of the accident that occurred. Other legal cases are initiated by the government but a personal injury case is initiated by a private individual.
  • Informal Settlement – This is when the two parties involved decides to settle the terms of negotiation among themselves each represented by their lawyers. After the negotiation is made, a written agreement is made that a certain amount of money will be paid as compensation for the damage done.

What is a statute of limitations?

The time a person can file for a personal injury case begins from when the accident occurred. This limitation is called a statute of limitation. Filing for a lawsuit can be done within a limited time.

 Where are the laws that govern personal injury cases?

Other legal cases have their rules written as stated by the legislature and as such the penalty is interpreted accordingly but in personal injury law there is no such written rules or laws. The court decision is the main source for the law governing personal injury cases.  When an accident occurs, a personal injury law is developed at the law court through which decisions are made according to the gravity of the damage.

Free personal injury claim review

Before you file for a personal injury case, you need to fully understand the due process to follow and the law that it involves. You can find out if you have a potential personal injury case by booking an appointment with a competent lawyer to explain in details all that you need to know. A personal injury lawyer is in the right position to carefully examine your case for free and tell you if you can pursue a lawsuit.

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