Mishaps and accidents can occur at any time. However, when loved ones are involved in one of these accidents, it can have severe consequences on their daily lives. When people have been harmed due to an accident that was caused by another person or entity, they may want to seek the guidance of a personal injury attorney to see if the other party is legally responsible for causing that harm.
Personal Injury Defined
A personal injury lawsuit is a legal dispute that comes about due to a person suffering harm that was caused by another entity or individual. Professionals, like those at Trump & Trump, know that a personal injury case is started to determine if the person who caused harm is legally responsible to compensate the individual who was hurt. This can be done through a formal civil court proceeding or an informal settlement that resolves the situation before the case is filed with the court.
Formal Lawsuits
In the case of a personal injury lawsuit, a plaintiff decides to file a civil complaint that is against a government agency, corporation, business or another person. To do this, they seek the advice of a personal injury attorney who has expertise in this area of law. An attorney can help them with all of the complex details and decide the best way to handle the situation. The case that is filed with the court alleges that the defendant acted irresponsibly and was the cause of the injury or accident that led to physical or emotional harm. Proof must be shown that the defendant acted in a negligent manner and that negligence caused the harm that was done. An attorney will help prove four elements.
Duty – A legal duty was owed to the plaintiff by the defendant under the circumstances that were present. Breach – The defendant did not act or acted in a certain way that breached their legal duty. Causation – Inaction or actions of the defendant was the cause of the injuries suffered by the plaintiff. Damages – Injury or harm was caused to the plaintiff due to actions performed or not performed by the defendant.
Typically, most personal injury disputes are settled in an informal manner. Without going to court, the person who received harm from the injury negotiates with the party who caused the injury to determine a resolution. Attorneys who represent both sides of the situation will sit down and negotiate terms until both sides come to some type of agreement. After negotiations have been settled, a written agreement is created and both sides promise that the matter is fully resolved and no further action will be taken.
Author Info: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter and Facebook: @RachelleWilber.
