A part of personal injury law is accident injury law. While it is true that accidents happen all the time, this does not mean that you may not be able to claim compensation. If you or a loved one has been injured in an accident, you need to know the basics of this field of law to better understand the claims procedure.
What Is An Accident Injury Case?
An accident injury or personal injury case is a legal disagreement that comes about when one person suffers an injury and someone else is legally responsible for the injury. These cases will be formalized through a civil court proceeding which will determine who is at fault. However, it is important to note that not all personal injury cases will make it to court. Most of these cases will be resolved through an informal settlement before a lawsuit can be filed.
Accident Injury Lawsuit
A formal accident injury lawsuit will generally start with a private individual filing a civil complaint against another person, agency or business. In this complaint, the complainant will allege that the other person was irresponsible or careless in connection with an injury or accident which has caused harm. The action of filing a civil complaint is known as filing a lawsuit.
Before filing a lawsuit, it is recommended that the complainant consult with an attorney, accident injury lawyers Brisbane. This will ensure that all of the documents for the lawsuit are filed correctly and that the supporting documentation is present.
An Informal Settlement
Most disputes over accident injuries are actually resolved through an informal early settlement. This settlement will involve the attorneys for each side and the insurers. The settlement will generally be formed through negotiations between all parties. Once the settlement has been agreed upon by all of the parties, a written agreement will be created.
The written agreement will state that both sides of the agreement will forgo any further action including a lawsuit. The resolution will instead involve a monetary payment that is agreeable to both sides.
The Statute Of Limitations
As with all areas of the law, it is important to know what the statute of limitations is for these cases. The statute of limitations if the period of time dictated by law where a complainant can claim against another person or company. When it comes to accident injuries, the statute of limitations will vary from state to state and you need to be aware of this.
The Laws That Govern Accident Injury Cases
Most areas of the law will have rules and statutes which govern them, but personal injury is actually different. The development of personal injury law has been through court decisions and treatises which have been written by legal scholars. There are some states that have summarized these decisions in written statutes, but in court proceedings, many decisions are based on previous cases.
Personal injury law is different to other fields of law and it is important that you understand this. Knowing the basics of this type of law will help you if you need to file a claim.