5 Facts of Personal Injury Law
May 18, 2015 | Miscellaneous
There are several forms of personal injury cases; however, many people are not familiar with these types of lawsuits by this name. They are usually aware of the concept of suing a person for their negligence that resulted in harm, which is generally what personal injury cases involve. There may be remedies available to people who suffer harm as the result of an entity’s negligence. Many questions can arise in matters of personal injury. A Denver personal injury lawyer can help to determine whether a suit may be brought against another party.
Consider these five facts about personal injury.
Fact One: Personal Injuries Lawsuits Are Different
A formal personal injury lawsuit usually involves two parties. One of which is the plaintiff. The party that the lawsuit is brought against is the defendant. A defendant may be a corporation, person, business or some other entity. However, there may be more than one party involved in a lawsuit. Personal injury suits differ from criminal suits as they involve civil court proceedings rather than one that is initiated by the government. The plaintiff may seek remedies for their damages. This can be resolved through litigation; however, a dispute may be resolved informally by settling out of court as well. In this case, the plaintiff files a complaint alleging the harm incurred was a result of the inaction or negligence of the defendant.
Fact Two: Cases Can Settle Early
Most cases settle early. Early settlement can occur through those involved in the dispute, attorneys representing both sides or by the insurers. In such an arrangement, the parties come to an agreement through negotiation. At this point, both parties agree to forgo further action in the matter through a written agreement.
Fact Three: There is a Time Limit
In personal injury suits, the plaintiff has a limited time to bring the suit against the defendant. This amount of time is referred to as the statute of limitations. This period generally begins at the time the plaintiff is either injured or discovers the injury. For instance, in elder abuse cases, the plaintiff may not discover the injury immediately. A Denver personal injury lawyer can help to address this concern. Each statute of limitations varies according to the type of injury incurred. People need to move fast as some statutes of limitations are limited to one year.
Fact Four: There Are Statutes
There may be statutes or other types of laws surrounding personal injury. For instance, elder abuse has both state and federal regulations regarding staffing. However, the history of how personal injury has developed mainly from court decisions. Statutes have been written as a result. Many findings are based upon previous cases.
Fact Five: There is a Discovery Process
Prior to litigation, both parties may request information in the discovery process. This process involves requesting information or documents surrounding the issues in the case. This process can be lengthy, but it is necessary to discover information surrounding the events in the case. A Denver personal injury lawyer can help with the process.
If you or a loved one has been harmed as a result of negligence, contact a personal injury lawyer immediately to discuss the details of your case.