Personal injury law, commonly referred to as tort law, provides legal rights to victims who have been physically or psychologically injured as a result of the carelessness or wrongdoing of another person, company, government, or other entity. Personal injury laws apply to a variety of cases, including:* Cases where a person acts out of negligence and therefore causes harm to another person. Examples of these types of cases include medical malpractice, slip and fall accidents, automobile accidents, and some toxic tort cases, among many others;* Cases where a person knowingly and intentionally causes harm onto another person. These types of cases include murder, assault and battery;* Cases where a person may have not intentionally performed a wrongdoing through negligence on his part can still be found liable for a personal injury claim. Dog bite cases (under some state laws) and certain types of product liability claims are examples of this type of personal injury law; and,* Cases that involve insult of character, such as libel or slander.WHAT IS THE PURPOSE OF PERSONAL INJURY LAW?The primary goal of personal injury law is to provide legal rights for injured victims to be compensated financially after suffering from a loss or injury that they would otherwise not have endured if it was not for the negligence or omissions of the defendant. Personal injury laws impose a legal duty on people and companies to perform and interact with one another on a minimum level of care and attention. These laws are expected to encourage and promote good behavior and reduce bad behavior; therefore, personal injury laws serve a significant purpose for the general public. HOW DO PERSONAL INJURY CASES TYPICALLY WORK?Although no personal injury case is exactly the same as another because no accidents are exactly the same, these types of cases generally tend to follow these steps:Plaintiff is Injured by a Defendant With the exception of contractual breaches, this can be almost any unscrupulous act on the defendant’s part.Defendant is Determined to have Breached a Legal Duty to Plaintiff The breached duty is depends on the specifics of the particular case. For example, manufacturers and/or distributors have a legal duty to not allow dangerous or harmful drugs to enter the market.Settlement Negotiations If there is obvious evidence to all parties involved that the Defendant breached his contractual duty, then the defendant may opt to settle the matter outside of court by offering monetary compensation to the plaintiff in order to prevent the plaintiff from filing a lawsuit against the defendant.If the plaintiff does not agree to the defendant’s offer, he may pursue in litigation. A settlement can be offered and negotiated after suit is filed at any time until a verdict is announced by a jury or court.Plaintiff Files a Lawsuit Against the Defendant When the plaintiff initially files a case, he must be prepared to state what the legal basis of the claim is and what type of remedy he wishes to seek in compensation for his injuries.The Defendant Files an Answer to the Plaintiff’s Claim The defendant must answer after being served by some type of official (usually a sheriff or a process server) within a certain period time.
Personal Injury Lawyers - Who Are They and What Can They Do For You?
Defense Lawyers of MN can help you In protecting your rights – Expert Injury Lawyers ready to assist you
When an individual is harmed through negligence or deliberate action, whether by another individual or by a giant corporation, the law provides channels for that individual to receive appropriate compensation from the offending party.
If you’ve got the basis for a legal case, protect your rights: don’t sign anything, don’t walk into the courtroom by yourself, and don’t take legal advice from anyone except your lawyer. Contact Krueger Law Firm for your initial consultation with an accident and injury lawyer. Our office has specialized and focused 100 percent on personal injury lawsuits since 1990. We only represent the injured victims. There are no fees or costs if you don’t receive a recovery. We never represent insurance companies, so the injured person does not have to wonder whose interests the attorney really has in mind.
We are recognized as one of Minnesota’s top accident and injury law firms. Besides attorneys, we also have paralegals, legal secretaries, investigators, interpreters, and case managers that work on your injury claims. If the attorney is in court, there are others that would be knowledgeable about your case. Protect your rights. Call us today for a free consultation. We offer same day appointments, and we will come to your home or hospital for visits.
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- Medical Malpractice
- Non Insurance Claims
- Nursing Home Neglect
- Premises Liability and Falls
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Victims who are injured in an accident that resulted from another person's negligence have two primary options in terms of recovering compensation to pay for their losses and damages. They can either recover compensation out of court through mutual negotiations, or they can take their case to trial. Although the majority of personal injury settlements are negotiated and agreed upon outside of court, it is imperative to retain a personal injury lawyer who is ready and willing to take your case to civil court. Also, taking a claim to court usually results in higher compensation. It all depends in the settlement process. Continue reading to learn the general steps to settling a personal injury claim, in and out of court. When Does a Settlement Happen?A settlement takes place when an insurer or defending party makes an offer for compensation, and the victim or plaintiff accepts the offer. This often happens outside of court. In fact, many agreements are made before a claim is even filed. If the victim has trouble receiving a fair offer, their lawyer would suggest taking the case to civil court.Settlements can also be made after a case goes to trial, but before a final verdict is made. Other times, parties might become anxious during jury deliberations, and decide to settle before their verdict comes back. This is because some defendants would rather agree to a set settlement, rather than allowing a jury to decide their fate.Full Liability ReleaseOnce a settlement is agreed upon between both parties, the plaintiff must sign a full liability release form that relinquishes all potential claims against the defendant arising out of the accident or incident. This way, the plaintiff cannot file any further lawsuits for more compensation against the defendant later on. For instance, in a slip and fall case, a store may offer a victim $25,000, but in order to receive the payment, the victim must agree to not sue the store. Most Cases SettleThe reason why most cases settle is because the defendant wants to mitigate and control their risks and avoid legal costs. Most personal injury cases involve insurance companies, who have the finances to pay out claims quickly. They even expect to pay out some claims because they are averse risk. If a claim goes to trial, they lose some control over how much they pay in recompense, as well as, court costs, attorney fees, and other legal expenses. Also, many companies settle claims because they want to avoid the public eye. With so many social media platforms these days, it is easy for one incident to result in a company being publicly criticized for their negligence.
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