You hope it'll never happen to you, and when you suffer a serious injury because someone else wasn't careful, the emotions can be overwhelming. In addition to trying to recover physically, you may be under the strain of missing out on work and a steady paycheck. On top of all that, the person or organization at fault may try to avoid taking responsibility. This leaves you with the financial and legal struggle of getting your medical and other bills covered. Fortunately, there are some laws on your side to help you through this process.
Common Law Rules
Most personal injury laws are based on very old rules known as "common law." This refers to a traditional practice of judges making laws while hearing and deciding a case. When a judge of a "higher" court makes a law or judgment, "lower" courts must follow that precedent. This creates a whole body of laws within a state. This means that personal injury laws may vary from one state to another; learn more about the laws in your state by talking to a personal injury lawyer with local experience.
Personal Injury Cases
Each personal injury case is different, so the details from one case to another are sure to be different. However, there are some elements that tend to be the same. For example, in each case, a defendant has done or has failed to do something and the resulted was an injury to the plaintiff. The plaintiff and an attorney gather evidence to show that the defendant has a legal duty that was not carried out. For example, a manufacturer has a duty not to sell defective products. Finally, the case is settled in court or outside of court. In some cases, the defendant is willing to settle without going to trial.
If you've been injured in what could be a personal injury case, the next steps you take may positively or negatively impact your complete recovery. Make sure you understand the laws, your rights, and how to get compensation for your medical and recovery costs.
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