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Aug 5, 2017 by

The Basics on Personal Injury Law Accidents may happen anytime to anyone and it can be traumatic and, more so, if it happens to you or to your family member; so, when it does, it’s a whole new ball game for you to probe on protecting your legal rights. Base on these premises, it would help you a lot if you can get a better perspective of personal injury law. When a person suffers from an accident or injury and someone else might be responsible for the accident or injury, the legal disputes that may arise from it is referred to as personal injury case. There are two ways on how a personal injury case may be resolved – settle it out of court before any lawsuit is filed or filing a lawsuit in court. The action of the injured person, called the plaintiff, to file a civil complaint against another person or company or institution, they are known as defendants, alleging that they acted carelessly with respect to the accident that has caused the plaintiff to be harmed.
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Settling out of court comprises a settlement in the form of negotiation which contains a written agreement stating that both parties concerned will relinquish any intentions or act of filing a formal lawsuit and resolving the case through payment of an agreed amount of money. These people constitute the parties involved in an informal settlement – the injured party, the accused party, lawyers of each party, and a representative of the insurance company of each party.
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Before any of these two, formal lawsuit and informal settlement, is effected, a middle ground procedure or an alternative dispute resolution like mediation and arbitration is being worked out by the representing lawyers of both parties. When the court establishes a specific, limited time for a plaintiff to consider filing a lawsuit, this is known as a statute of limitations. The statute of limitations is based on the date when the person was injured or when he discovered about his injury. The Statutes of limitations are established by state law and vary by the type of injury and from state to state. The development of personal injury law is through court decisions and in case dissertations written by legal scholars, of which the penal codes, which comprise the rules in statutes for criminal cases, cannot be applied. The following aspects play up in a personal injury case, such as a detailed understanding of the facts, the processes, and the law; therefore, if you believe that you are traumatized from the accident and you want your rights to be protected, it is best to bring this matter to an experienced lawyer who can evaluate on whether there is need for you to file a lawsuit.

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