10/24/2024, Chicago, IL 60606 // KISS PR Brand Story PressWire //
Personal injury law, also called tort law, regulates personal injury claims and applies when someone harms another person. The law also allows injured individuals to pursue legal claims against at least one individual who caused them to experience loss. There are many things to know about personal injury law and the resolution of claims, all of which are important.
This article will explain the different personal injury claims and how they are resolved. You will learn your rights under the personal injury law, including when and how to recover monetary compensation.
Types of Legal Personal Injury Claims
A wide range of legal claims arise under personal injury law, including accidental injuries, intentional torts, and strict liability claims. Each one means different things; let us talk about each type below:
Accidental Injuries
Accidental injuries apply when an individual is hurt by someone’s mistake, perhaps due to negligence or failure to fulfill their professional obligation. These include medical malpractice claims when a caregiver (like a doctor) accidentally hurts you. They also include car accidents, accidents on properties due to the owners’ carelessness in maintaining their space, and more.
Intentional Torts
Personal injury law applies when someone intentionally hurts another person—such as battery and assault. The law gives the injured individual the right to pursue a claim for compensation from the person who harmed them.
Strict Liability Claims
There are situations whereby an injured individual can file a claim regardless of whether the at-fault party was negligent. A good example is an individual owning a tiger; if that tiger escapes and hurts someone, they are held responsible.
That is, regardless of whether they negligently initiated the tiger’s escape. The fact that they owned a tiger is enough grounds to hold them responsible for whatever harm the tiger inflicts.
What the Law Says About Who You Can Sue
Personal injury law explicitly states who injured persons can file a claim against when something goes wrong. The case is usually against the person, government entity, or company directly responsible for your injury. However, it is not that simple in other cases, as multiple potential defendants exist.
In cases involving multiple potential defendants, the vicarious liability doctrine applies. In medical malpractice cases, for example, you can sue the doctor who provided the substandard care and the hospital that employed them. The vicarious liability doctrine holds the clinic responsible for their employee’s actions on the job, whether or not the former was negligent.
How Personal Injury Claims Are Resolved
Personal injury laws protect plaintiffs’ rights to file a civil lawsuit against whoever caused them harm. The law allows them to recover monetary compensation, provided sufficient grounds for a claim. However, these cases do not often make it to the court because the parties involved may settle.
In other words, you can get money from the person that harmed you without going to court. Most insurance companies would prefer out-of-court settlement; therefore, they may offer to pay money. However, before you take the settlement, understand that collecting their money means giving up future claims.
“If you want to settle your case quickly, a good way to do that is to settle out of court. However, you may not get as much money as you would after a courtroom trial,” says personal injury attorney Michael McCready.
Conclusion
If you are finding it hard to wrap your head around the many personal injury claims, do not worry. Simply hire a personal injury lawyer; they will explain the laws to you, among other things, and guide you through the case.
This content was first published by KISS PR Brand Story. Read here >> Personal Injury Claims: How Are They Resolved?
