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Learning the Basics of Personal Injury Law

| Montagna Law |

When put simply, a personal injury is an injury that does not involve issues with property and is, therefore, involving a person’s body and/or mind. It allows the injured person to go to civil court seeking compensation for losses stemming from an accident that occurred as a result of someone else’s carelessness or intentional misconduct. If you have suffered an injury due to the negligence of someone else, it is important to hire an experienced personal injury lawyer like Montagna Law. 

How Does a Personal Injury Case Work?

Because no two accidents are the exact same, no two personal injury cases will be the same. This makes it difficult to develop a standard across all personal injury cases, which makes it that much more important to consult with a legal professional who can work with the nuances of your case. However, there is a typical timeline that most personal injury cases follow when you look at the bigger picture:

The Defendant Injures the Plaintiff

As you can imagine, there are many different ways that the plaintiff can be injured by the defendant. The only exceptions that still fall under personal injury are contractual breaches, which are handled under a separate body of law called “contract law.”

The Plaintiff Establishes That The Defendant Breached a Legal Duty

The specific measure of legal duty is going to be completely dependent upon the situation in which the plaintiff sustained the injury. For example, manufacturers have a duty to produce a product that is not defective or unreasonably dangerous. Employers have the duty of understanding those products and teaching their employees how to operate it properly to avoid injury. 

Settlement Outside of Court May Occur

If it is clear that the defendant has breached a legal duty, they may choose to settle outside of court. This would mean they, or the insurance company representing him or her, offer monetary compensation to the injured party in exchange for the injured person’s promise to not file a lawsuit. 

The Case Ends

If the plaintiff accepts the settlement, that is the end of the case. If the plaintiff does not accept, the plaintiff may go to court and file a personal injury lawsuit. Settlement negotiations may continue beyond this point and can be reached at any time prior to the civil case being handed to the jury. 

 


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