Personal Injury Law: How Exactly It Works? |
Posted: November 21, 2016 |
The purpose of personal injury law is to allow a person injured in an accident (which is generally due to the negligence of another person), to be financially compensated for the harm he has suffered. The injured person or the victim can then go to the civil court and file a case with the help of a personal injury lawyer. Personal injury rules apply to a variety of situations. Here are some of them:
Personal injury cases are very tricky and proving them requires great skills. No two accidents are alike and no two cases will ever follow the same path. However, here are some of the most common steps to be followed: Injury Due to Negligence Someone’s carelessness causes harm and a case is filed in the civil court. The attorney or lawyer represents the victim and gathers all the necessary evidence to prove the case. The Breach or Negligence of Legal Duty Is Determined The situation in which the injury occurred is analysed for any kind of breaches. For example a driver has a moral duty to drive carefully and follow all the traffic rules. If an accident occurs due to the driver not following traffic rules, the personal injury case is valid. Similarly doctors have a duty to provide accurate medical care. Manufacturers are required to maintain a certain level of standards for their products. If they fail to manufacture products with acceptable quality levels, users of these products can file a case if these products cause any harm. The most important thing to remember here is that the case is valid only if the victim himself did not contribute to the accident. If the victim is liable in any way, the case becomes invalid.
Settlements and Compensations If it is proved that the defendant breached a legal duty, or negligently ignored some rules and caused damages to another person, he will be required to pay monetary compensation to the victim. The victim has an option to settle the case out of court, but if he decides to get legal help, hiring an experienced personal injury lawyer in Oklahoma could be of great help especially since they know the in and out of how things work. Finally, the injured can claim compensation for a number of losses that include medical expenses for the physical injury if any, loss of mobility or disfigurement etc. You are entitled to claim compensation for loss of wages too if you are unable to work for certain period of time after the injury. Hence it is important to seek professional counsel and understand what you are entitled to. Tulsa personal injury lawyers can help you understand the procedure and work with you to ensure that the case proceeds smoothly. At Burton Law, we specialize in personal injury cases. You can contact us for further information and consultation.
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