Personal Injury Law 101 – NegligenceOn July 11, 2022 by Millerie Penbrock
Although a case involving negligence and personal injury can be settled without a lawyer, but this rarely happens. Personal injury lawyers play an important role in these cases; from assisting the injured party in evaluating the extent and nature of damages to properly assessing the claim B.
A Minor as the Injured Party
When someone under 18 is injured, the arrangement is supervised by the courts and the lawyer ensures the fairness of the case. The minor’s legal guardian or parent acts as a “guardian ad litem” to prosecute the case and pursue the litigation. The court approves any settlement and all legal fees.
Filing a Lawsuit and the Statue of Limitations
The statute of limitations is the period of time in which a negligence and personal injury case is file. The statute of limitations varies depending on the defendant, the type of case, and the state. The claim is barred if the case is not filed within the statute of limitations following the date of the injury. The statute of limitations is strictly imposed and it is best to file the case within this time.
At times papers have to be filed, such as a governmental liability claim, when filing a lawsuit against a governmental entity. The statute of limitations of these cases is often quite specific.
A damage claim consists of several components. The “out of pocket” loss or special damages, is the most basic component, which includes money spent as a result of the injury. “General damages” is another component, i.e. impalpable damage caused by any injury.
Documenting the Damages
Copies of every medical bill should be collected. These are proof of the out of pocket loss. Pay stubs and related business records can document wage loss. General damages are proven via testimonies of the injured party, family members and friends.
The Role of Insurance
Usually, a claim is made against the insurance company of the party at fault, which is referred to as a “third party claim.” An injured party can also make a claim to their own insurance company, which is referred to as a “third party claim.”
State aid is like a private insurance policy. When state assistance is provided, the party at fault has to reimburse the state. However, the amount that has to be repaid can be negotiated.
Judgment or Settlement
No taxes have to be paid by the party at fault if they get a settlement or win a judgment since the compensation is for something they lost. However, the extent to which lost earnings are compensated might be taxable.
A majority of the compensation is paid in a single lump sum amount. At times, the compensation is also spread out over time, or “structured.” The benefit of a structured settlement is that the compensation is preserved over a long period of time.
The Punitive Damages
The injured party can assess punitive damages against parties who act willfully with fraud, malice or oppression.
When filing a negligence or personal injury case, these are the facts that should be kept in mind.
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