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2 Things That Qualify as a Personal Injury Complaint When a person suffers an injury from another person, the person who inflicts the injury may be legally liable to the injured person. If it happens that the injured person seeks a legal remedy against the person who caused the injury then he will have to file a case against that person. The type of case that will be filed is a civil case and not a criminal case, for these types of complaints. This type of case is covered by what is commonly referred to as personal injury law. This is what you need to know if you are planning to file a case against someone who has done you harm. What do you need to know about personal injury law? You need to understand the two basic concepts behind personal injury that the law appreciates.
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The first is an injury. But for an injury to be valid, it has to be done to your person, not to property or any other possession. If harm was done to your property, that would be another type of lawsuit where you can also get paid for damages. So it is not understood as personal injury, for you to suffer as a result of damage to your property.
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There are however a lot of instances when you can suffer personal injury not directly from people, but from their products, services, or certain circumstances like car accidents. But if there is no injury, there is no case. But this can only be a civil case, not a criminal case. The person who inflicted the injury will not go to jail if the case goes to trial and he loses. There must be negligence on the part of the person that caused the injury, that is the second basic concept. The other person is guilty of causing injury if he fails to take the necessary action in order to prevent an injury from happening to you. But it has to be proven that your injury was a direct result of the other person’s negligence. But it is crucial to file your case within the period prescribed by the statute of limitations for injuries of the type you suffered. Usually, personal injury cases end up in a settlement. If you have a seasoned lawyer, once the other party offers to settle out of court offering a cash amount for your to drop the case, he will be agreeable to it. There is no need for a court trial if your lawyers agree on a settlement. But if your lawyers cannot agree on a settlement, then the case will have to be decided in court.