Due to the simple fact that there are several forms of personal injury cases, many people are not familiar with the types of lawsuits by this name. People are generally aware of the concept of suing a person for their negligence that resulted in harm, which is generally what personal injury cases involve. There may be remedies available to individuals who suffer injury or harm as the result of someone else’s negligence. Many questions can arise in matters of personal injury. Tempe Personal Injury Lawyers can help you to understand whether or not a suit may be brought against another entity. Let’s examine the following four facts about personal injury.
PERSONAL INJURIES LAWSUITS ARE DIFFERENT
A formal personal injury lawsuit usually involves two parties, one of which is the plaintiff. The party that the lawsuit is brought against is called the defendant. A defendant may be a corporation, person, business or some other entity. In some cases, there may be more than one party or entity involved in a lawsuit. Personal injury suits differ from criminal suits as they involve civil court proceedings rather than one that is initiated by the government. The plaintiff may seek remedies for their damages, which is generally resolved through litigation. However, a dispute may be resolved informally by settling out of court as well. In this instance, the plaintiff submits a complaint alleging the harm or injury was a result of the inaction or negligence of the defendant.
CASES CAN SETTLE EARLY
Most cases settle early. Early settlement can occur through those involved in the dispute, attorneys representing both sides, or by the insurers. In such a situation, the parties come to an agreement via negotiations. At this point, both parties agree to forgo further action in the matter through a written agreement.
THERE IS A TIME LIMIT
In personal injury suits, the plaintiff has a limited amount of time to bring the suit against the defendant. This amount of time is known as the statute of limitations. This period generally begins at the time the plaintiff is either injured or harmed. For example, in elder abuse cases, the plaintiff may not discover the injury immediately. Each statute of limitations varies according to the type of injury incurred.
THERE ARE STATUTES
There may be statutes or other forms of explicit laws surrounding personal injury. For instance, elder abuse has both state and federal regulations regarding staffing. Statutes have been written as a result of the history of how personal injury has developed mainly from court decisions. Accordingly, many findings are based upon previous cases.