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Basic Principles You Need to Know about Personal Injury Cases 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. This type of case is a civil lawsuit, which is not the same as a criminal case, where it is the government who prosecutes the person who has violated the law. This falls under personal injury law. You need to be knowledgeable about this if you are thinking of filing a complaint against someone who has injured you. 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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There must be an injury, that is the first basic concept. But for an injury to be valid, it has to be done to your person, not to property or any other possession. If harm was done to your property, that would be another type of lawsuit where you can also get paid for damages. So it is not understood as personal injury, for you to suffer as a result of damage to your property.
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There are however a lot of instances when you can suffer personal injury not directly from people, but from their products, services, or certain circumstances like car accidents. But if no injury can be proven, then no case can be filed. You cannot file a criminal case for personal injuries, only civil cases. This means that if you win, you will get paid for the damages, but the other person will not go to jail. The second is the idea of negligence on the part of the person that caused the injury. Negligence is manifested in cases where it was within the other person’s power to prevent the injury from happening to you, but he did not act upon it. If it is proven that your injury was the direct result of the other person’s negligence in not taking necessary action to prevent the injury from befalling you, then you have a good case. 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. You need to be aware that personal injury cases often end up in the settlement. If you have a seasoned lawyer, once the other party offers to settle out of court offering a cash amount for your to drop the case, he will be agreeable to it. This is a good way to solve personal injury cases, out of court and without the hassles of a trial. The court will decide on any personal injury case that is brought before it to trial if attempts at settlements fail.